81R1007 DRH-F
By: Shapleigh S.B. No. 245
A BILL TO BE ENTITLED
AN ACT
relating to the use of direct recording electronic voting systems.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 129, Election Code, is amended to read as
follows:
CHAPTER 129. DIRECT RECORDING ELECTRONIC VOTING MACHINES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 129.001. APPLICABILITY. (a) This chapter applies
only to a voting system that uses direct recording electronic
voting machines.
(b) To the extent possible, the procedures applicable to an
electronic voting system under Chapter 127 are applicable to a
voting system under this chapter.
Sec. 129.002. GENERAL [CERTAIN DIRECT RECORDING ELECTRONIC
VOTING MACHINE] PROCEDURES. (a) [As part of the testing of the
direct recording electronic voting machine equipment before its use
in a particular election, the general custodian of election records
shall include a specific test of each machine's logic and accuracy
functions to ensure that the machine properly records, counts, and
tabulates the votes.
[(b)] Each direct recording electronic voting machine must
provide the voter with a screen in summary format of the voter's
choices for the voter to review before the vote is actually cast.
(b) [(c)] During the early voting period, the early voting
clerk shall conduct a daily audit of the direct recording
electronic voting machines used in the election to ensure proper
correspondence among the numbers of ballots provided on the
machines, names on the poll list, and ballots cast on the machines.
(c) [(d) The general custodian of election records shall
conduct a recount sufficient to confirm the accuracy of the vote
totals in an election in which direct recording electronic voting
machines are used for the first time.
[(e)] The secretary of state shall prescribe any procedures
necessary to implement this chapter [section] and to ensure the
orderly and proper administration of elections using direct
recording electronic voting machines.
(d) A provisional vote may not be cast on a direct recording
electronic voting machine.
Sec. 129.003. DEFINITION. In this chapter, "electronic
information storage medium" means any device that is used within a
voting system to temporarily store voting information specific to a
particular election.
Sec. 129.004. PAPER AUDIT TRAIL REQUIRED. (a) Except as
provided by Subsection (e), a voting system that consists of direct
recording electronic voting machines may not be used in an election
unless the system:
(1) has:
(A) been certified or otherwise approved by means
of qualification testing by a nationally recognized test
laboratory; and
(B) met or exceeded the minimum requirements
contained in "Performance and Test Standards for Punch Card, Mark
Sense, and Direct Recording Electronic Voting Systems" or a
successor voluntary standards document developed and adopted by the
Federal Election Commission, the Election Assistance Commission,
or the National Institute of Standards and Technology; and
(2) creates a contemporaneous auditable paper record
copy of each electronic ballot that allows a voter to confirm the
choices the voter made through both a visual and a nonvisual method,
such as through an audio component, before the voter casts the
ballot.
(b) A voter must be allowed to privately and independently
view the paper record copy required under Subsection (a)(2) without
being allowed to handle the copy. Once the voter has confirmed that
the paper record copy corresponds to the vote the voter has
indicated electronically, the vote may be recorded electronically
and the paper record copy must be deposited in a secure storage
container. If the voter finds that the paper record copy does not
correspond to the voter's choices indicated electronically, the
system must:
(1) invalidate or otherwise spoil the paper record
copy;
(2) allow the voter to review the choices the voter
made electronically; and
(3) generate a new paper record copy for the voter to
review as provided by this subsection.
(c) The paper record copy must:
(1) indicate the voter's choice on each office or
measure for which the voter cast a vote and indicate the offices and
measures for which the voter did not cast a vote;
(2) be printed in the same language that the voter used
to cast the voter's electronic vote; and
(3) be designed to be read electronically.
(d) Except for a recount under Title 13, the electronic vote
is the official record of the ballot. For a recount of ballots cast
on a system involving direct recording electronic voting machines,
the paper record copy is the official record of the vote cast.
(e) A system involving direct recording electronic voting
machines that was acquired before January 1, 2010, may be used in an
election without meeting the requirements of this section only if:
(1) a voter has the option of casting a paper ballot
instead of using the machine;
(2) a permanent record of each ballot is created at the
time the ballot is cast or during the local canvass of the votes;
(3) the system is subject to parallel monitoring; and
(4) at least 46 days before the date the system is to
be used for voting, the authority responsible for holding the
election submits a technical security plan for the system to the
secretary of state.
(f) The record created under Subsection (e)(2) may be in a
paper format or be an electronically recorded image.
[Sections 129.005-129.020 reserved for expansion]
SUBCHAPTER B. PRE-ELECTION ACCEPTANCE AND
TESTING OF VOTING SYSTEM
Sec. 129.021. REQUIREMENTS FOR SYSTEM USING DIRECT
RECORDING ELECTRONIC VOTING MACHINES. On request of the secretary
of state, the authority adopting a system that uses direct
recording electronic voting machines must provide:
(1) the source code for any software and firmware used
as part of the system;
(2) all documents relating to the federal
qualification process; and
(3) complete documentation of all hardware, software,
and firmware components, including detailed change logs, and
documentation regarding the development process.
Sec. 129.022. ACCEPTANCE TESTING. Immediately after
receiving a voting system from a vendor, the general custodian of
election records shall:
(1) verify that the model number or name of the system
is the same as ordered;
(2) verify that the system delivered is certified by
the secretary of state;
(3) verify that the appropriate software is installed
on the system;
(4) perform a hardware diagnostic test on the system
as provided by Section 129.023(b);
(5) perform a logic and accuracy test on the system as
provided by Section 129.024; and
(6) perform any additional test that the secretary of
state may prescribe.
Sec. 129.023. HARDWARE DIAGNOSTIC TEST. (a) The general
custodian of election records shall conduct a successful hardware
diagnostic test before a voting system is used in an election.
(b) The hardware diagnostic test must:
(1) ensure that each part of the system functions
properly, including:
(A) input and output devices;
(B) communications ports;
(C) printers;
(D) program configurations;
(E) modems; and
(F) screen displays; and
(2) determine that each part of the system is adjusted
to ensure that:
(A) the date and time on the system are accurate;
(B) the system is properly calibrated;
(C) each machine is cleared of votes;
(D) the system is configured for the current
election; and
(E) vendor-supplied passwords or control keys
are changed from those originally supplied by the vendor.
Sec. 129.024. LOGIC AND ACCURACY TEST. (a) The general
custodian of election records shall create a testing board
consisting of at least two persons. The general custodian of
election records shall make every reasonable effort to ensure that
the testing board consists of at least one person from each
political party that holds a primary election.
(b) Not later than 48 hours before voting begins on a voting
system, the general custodian of election records shall conduct a
logic and accuracy test. Public notice of the test must be
published at least 48 hours before the test begins, and the test
must be open to the public.
(c) The general custodian of election records shall adopt
procedures for testing that:
(1) direct the testing board to cast votes;
(2) verify that each contest position on the ballot
can be voted and is accurately counted for each precinct and ballot
style;
(3) include overvotes and undervotes for each race, if
applicable to the system being tested;
(4) include straight-party votes and crossover votes;
(5) include write-in votes, when applicable to the
election;
(6) include provisional votes, if applicable to the
system being tested;
(7) calculate the expected results from the test
ballots;
(8) allow the testing board to witness the programming
of electronic information storage media necessary to test specific
precincts;
(9) ensure that each voting machine has any public
counter reset to zero and presented to the testing board for
verification before testing;
(10) require two-person teams from the testing board
to cast and verify the votes;
(11) require that, for each feature of the system that
allows disabled voters to cast a ballot, at least one vote be cast
and verified by a two-person testing board team using that feature;
and
(12) require that, when all votes are cast, the
general custodian of election records and the testing board observe
the tabulation of all ballots and compare the actual results to the
expected results.
(d) To provide a full and accurate account of the condition
of a given voting machine, the testing board and the general
custodian of election records shall:
(1) sign a written statement attesting to:
(A) the qualification of each direct recording
electronic voting machine that was successfully tested; and
(B) any problems discovered; and
(2) provide any other documentation as necessary.
(e) On completing the testing, the testing board shall
witness and document all steps taken to reset, seal, and secure any
equipment or test materials, as appropriate.
Sec. 129.025. SECURITY OF TEST MATERIALS. (a) On
completing each test, the general custodian of election records
shall place the test materials in a container provided for that
purpose and seal the container in a manner that prevents opening
without breaking the seal. The general custodian of election
records and at least two members of the testing board shall sign the
seal.
(b) The test materials shall remain sealed for the period
for preserving the precinct election records.
(c) The container may not be unsealed unless the contents
are necessary to conduct a test under this subchapter or a criminal
investigation, election contest, or other official proceeding
under this code. If the container is unsealed, the authority in
charge of the proceeding shall reseal the contents when not in use.
[Sections 129.026-129.050 reserved for expansion]
SUBCHAPTER C. VOTING SYSTEM SECURITY
Sec. 129.051. SECURITY PLAN. Not later than the 90th day
before the date a system using direct recording electronic voting
machines will be used in an election, the authority responsible for
holding the election shall submit to the secretary of state a
physical security plan for the system.
Sec. 129.052. PRE-ELECTION SECURITY PROCEDURE. (a) The
general custodian of election records shall create and maintain an
inventory of all electronic information storage media.
(b) The general custodian of election records shall develop
a procedure for tracking the custody of each electronic information
storage medium from its storage location, through election coding
and the election process, to its final post-election disposition
and return to storage. The chain of custody must require two or more
individuals to perform a check and verification check whenever a
transfer of custody occurs.
(c) The general custodian of election records shall
establish a secured location for storing electronic information
storage media when not in use, coding a medium for an election,
transferring and installing the medium into voting system
equipment, and storing voting system equipment after election
parameters are loaded.
(d) An election information storage medium shall be kept in
the presence of an election official or in a secured location once
the medium has been coded for an election.
(e) The general custodian of election records shall create a
procedure for tracking the custody of voting system equipment once
election parameters are loaded.
(f) The general custodian of election records shall create a
recovery plan to be followed if a breach in security procedures is
indicated. This plan must include immediately notifying the
secretary of state.
(g) Not later than the 46th day before the date a system
using direct recording electronic voting machines will be used in
an election, the authority responsible for holding the election
shall submit to the secretary of state:
(1) all changes or modifications to the system that
might impair the accuracy and efficiency of the system, unless the
secretary of state specifically provides otherwise;
(2) a training plan for election officers at each
polling place; and
(3) a communication plan explaining the manner in
which election officers at each polling place will communicate on
election day.
Sec. 129.053. TRANSPORT OF VOTING SYSTEM EQUIPMENT. (a)
The general custodian of election records shall adopt procedures
for securely storing and transporting voting system equipment. The
procedures shall include provisions for locations outside the
direct control of the general custodian of election records,
including overnight storage at a polling location. Procedures
relating to the chain of custody must require two or more
individuals to perform a check and verification check whenever a
transfer of custody occurs.
(b) The general custodian of election records shall create a
recovery plan to be followed if a breach in security procedures is
indicated. This plan must include immediately notifying the
secretary of state.
(c) The general custodian of election records shall provide
a training plan for relevant election officials, staff, and
temporary workers that addresses the procedures authorized under
this section.
Sec. 129.054. ACCESS TO VOTING SYSTEM EQUIPMENT. The
general custodian of election records shall secure access control
keys or passwords to voting system equipment. Use of access control
keys or passwords must be witnessed by one or more individuals
authorized to use that information. The use of an access control
key or password must be documented and witnessed in a log dedicated
for that purpose.
Sec. 129.055. NETWORK CONNECTIONS AND WIRELESS TECHNOLOGY.
(a) A voting system may not be connected to any external
communications network, including the Internet.
(b) A voting system may not have the capability of
permitting wireless communication.
Sec. 129.056. SOFTWARE. The sole purpose of voting system
equipment is the conduct of an election, and only software
certified by the secretary of state and necessary for an election
may be loaded on the equipment.
Sec. 129.057. PLAN FOR MACHINE FAILURE. The general
custodian of election records shall create a contingency plan for
addressing direct recording electronic voting machine failure.
This plan must include the timely notification of the secretary of
state.
Sec. 129.058. USE OF MACHINE IN EARLY VOTING. A direct
recording electronic voting machine deployed for early voting may
not be deployed on election day.
Sec. 129.059. POSTING. At each polling place at which a
direct recording electronic voting machine is used for voting,
postings must indicate the penalties for tampering with the
machines in each language used at that polling place for the ballot.
SECTION 2. This Act takes effect January 1, 2010.