Texas 2009 - 81st Regular

Texas Senate Bill SB245 Compare Versions

Only one version of the bill is available at this time.

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1	1	81R1007 DRH-F
2	2	By: Shapleigh S.B. No. 245
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of direct recording electronic voting systems.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 129, Election Code, is amended to read as
10	10	follows:
11	11	CHAPTER 129. DIRECT RECORDING ELECTRONIC VOTING MACHINES
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 129.001. APPLICABILITY. (a) This chapter applies
14	14	only to a voting system that uses direct recording electronic
15	15	voting machines.
16	16	(b) To the extent possible, the procedures applicable to an
17	17	electronic voting system under Chapter 127 are applicable to a
18	18	voting system under this chapter.
19	19	Sec. 129.002. GENERAL [CERTAIN DIRECT RECORDING ELECTRONIC
20	20	VOTING MACHINE] PROCEDURES. (a) [As part of the testing of the
21	21	direct recording electronic voting machine equipment before its use
22	22	in a particular election, the general custodian of election records
23	23	shall include a specific test of each machine's logic and accuracy
24	24	functions to ensure that the machine properly records, counts, and
25	25	tabulates the votes.
26	26	[(b)] Each direct recording electronic voting machine must
27	27	provide the voter with a screen in summary format of the voter's
28	28	choices for the voter to review before the vote is actually cast.
29	29	(b) [(c)] During the early voting period, the early voting
30	30	clerk shall conduct a daily audit of the direct recording
31	31	electronic voting machines used in the election to ensure proper
32	32	correspondence among the numbers of ballots provided on the
33	33	machines, names on the poll list, and ballots cast on the machines.
34	34	(c) [(d) The general custodian of election records shall
35	35	conduct a recount sufficient to confirm the accuracy of the vote
36	36	totals in an election in which direct recording electronic voting
37	37	machines are used for the first time.
38	38	[(e)] The secretary of state shall prescribe any procedures
39	39	necessary to implement this chapter [section] and to ensure the
40	40	orderly and proper administration of elections using direct
41	41	recording electronic voting machines.
42	42	(d) A provisional vote may not be cast on a direct recording
43	43	electronic voting machine.
44	44	Sec. 129.003. DEFINITION. In this chapter, "electronic
45	45	information storage medium" means any device that is used within a
46	46	voting system to temporarily store voting information specific to a
47	47	particular election.
48	48	Sec. 129.004. PAPER AUDIT TRAIL REQUIRED. (a) Except as
49	49	provided by Subsection (e), a voting system that consists of direct
50	50	recording electronic voting machines may not be used in an election
51	51	unless the system:
52	52	(1) has:
53	53	(A) been certified or otherwise approved by means
54	54	of qualification testing by a nationally recognized test
55	55	laboratory; and
56	56	(B) met or exceeded the minimum requirements
57	57	contained in "Performance and Test Standards for Punch Card, Mark
58	58	Sense, and Direct Recording Electronic Voting Systems" or a
59	59	successor voluntary standards document developed and adopted by the
60	60	Federal Election Commission, the Election Assistance Commission,
61	61	or the National Institute of Standards and Technology; and
62	62	(2) creates a contemporaneous auditable paper record
63	63	copy of each electronic ballot that allows a voter to confirm the
64	64	choices the voter made through both a visual and a nonvisual method,
65	65	such as through an audio component, before the voter casts the
66	66	ballot.
67	67	(b) A voter must be allowed to privately and independently
68	68	view the paper record copy required under Subsection (a)(2) without
69	69	being allowed to handle the copy. Once the voter has confirmed that
70	70	the paper record copy corresponds to the vote the voter has
71	71	indicated electronically, the vote may be recorded electronically
72	72	and the paper record copy must be deposited in a secure storage
73	73	container. If the voter finds that the paper record copy does not
74	74	correspond to the voter's choices indicated electronically, the
75	75	system must:
76	76	(1) invalidate or otherwise spoil the paper record
77	77	copy;
78	78	(2) allow the voter to review the choices the voter
79	79	made electronically; and
80	80	(3) generate a new paper record copy for the voter to
81	81	review as provided by this subsection.
82	82	(c) The paper record copy must:
83	83	(1) indicate the voter's choice on each office or
84	84	measure for which the voter cast a vote and indicate the offices and
85	85	measures for which the voter did not cast a vote;
86	86	(2) be printed in the same language that the voter used
87	87	to cast the voter's electronic vote; and
88	88	(3) be designed to be read electronically.
89	89	(d) Except for a recount under Title 13, the electronic vote
90	90	is the official record of the ballot. For a recount of ballots cast
91	91	on a system involving direct recording electronic voting machines,
92	92	the paper record copy is the official record of the vote cast.
93	93	(e) A system involving direct recording electronic voting
94	94	machines that was acquired before January 1, 2010, may be used in an
95	95	election without meeting the requirements of this section only if:
96	96	(1) a voter has the option of casting a paper ballot
97	97	instead of using the machine;
98	98	(2) a permanent record of each ballot is created at the
99	99	time the ballot is cast or during the local canvass of the votes;
100	100	(3) the system is subject to parallel monitoring; and
101	101	(4) at least 46 days before the date the system is to
102	102	be used for voting, the authority responsible for holding the
103	103	election submits a technical security plan for the system to the
104	104	secretary of state.
105	105	(f) The record created under Subsection (e)(2) may be in a
106	106	paper format or be an electronically recorded image.
107	107	[Sections 129.005-129.020 reserved for expansion]
108	108	SUBCHAPTER B. PRE-ELECTION ACCEPTANCE AND
109	109	TESTING OF VOTING SYSTEM
110	110	Sec. 129.021. REQUIREMENTS FOR SYSTEM USING DIRECT
111	111	RECORDING ELECTRONIC VOTING MACHINES. On request of the secretary
112	112	of state, the authority adopting a system that uses direct
113	113	recording electronic voting machines must provide:
114	114	(1) the source code for any software and firmware used
115	115	as part of the system;
116	116	(2) all documents relating to the federal
117	117	qualification process; and
118	118	(3) complete documentation of all hardware, software,
119	119	and firmware components, including detailed change logs, and
120	120	documentation regarding the development process.
121	121	Sec. 129.022. ACCEPTANCE TESTING. Immediately after
122	122	receiving a voting system from a vendor, the general custodian of
123	123	election records shall:
124	124	(1) verify that the model number or name of the system
125	125	is the same as ordered;
126	126	(2) verify that the system delivered is certified by
127	127	the secretary of state;
128	128	(3) verify that the appropriate software is installed
129	129	on the system;
130	130	(4) perform a hardware diagnostic test on the system
131	131	as provided by Section 129.023(b);
132	132	(5) perform a logic and accuracy test on the system as
133	133	provided by Section 129.024; and
134	134	(6) perform any additional test that the secretary of
135	135	state may prescribe.
136	136	Sec. 129.023. HARDWARE DIAGNOSTIC TEST. (a) The general
137	137	custodian of election records shall conduct a successful hardware
138	138	diagnostic test before a voting system is used in an election.
139	139	(b) The hardware diagnostic test must:
140	140	(1) ensure that each part of the system functions
141	141	properly, including:
142	142	(A) input and output devices;
143	143	(B) communications ports;
144	144	(C) printers;
145	145	(D) program configurations;
146	146	(E) modems; and
147	147	(F) screen displays; and
148	148	(2) determine that each part of the system is adjusted
149	149	to ensure that:
150	150	(A) the date and time on the system are accurate;
151	151	(B) the system is properly calibrated;
152	152	(C) each machine is cleared of votes;
153	153	(D) the system is configured for the current
154	154	election; and
155	155	(E) vendor-supplied passwords or control keys
156	156	are changed from those originally supplied by the vendor.
157	157	Sec. 129.024. LOGIC AND ACCURACY TEST. (a) The general
158	158	custodian of election records shall create a testing board
159	159	consisting of at least two persons. The general custodian of
160	160	election records shall make every reasonable effort to ensure that
161	161	the testing board consists of at least one person from each
162	162	political party that holds a primary election.
163	163	(b) Not later than 48 hours before voting begins on a voting
164	164	system, the general custodian of election records shall conduct a
165	165	logic and accuracy test. Public notice of the test must be
166	166	published at least 48 hours before the test begins, and the test
167	167	must be open to the public.
168	168	(c) The general custodian of election records shall adopt
169	169	procedures for testing that:
170	170	(1) direct the testing board to cast votes;
171	171	(2) verify that each contest position on the ballot
172	172	can be voted and is accurately counted for each precinct and ballot
173	173	style;
174	174	(3) include overvotes and undervotes for each race, if
175	175	applicable to the system being tested;
176	176	(4) include straight-party votes and crossover votes;
177	177	(5) include write-in votes, when applicable to the
178	178	election;
179	179	(6) include provisional votes, if applicable to the
180	180	system being tested;
181	181	(7) calculate the expected results from the test
182	182	ballots;
183	183	(8) allow the testing board to witness the programming
184	184	of electronic information storage media necessary to test specific
185	185	precincts;
186	186	(9) ensure that each voting machine has any public
187	187	counter reset to zero and presented to the testing board for
188	188	verification before testing;
189	189	(10) require two-person teams from the testing board
190	190	to cast and verify the votes;
191	191	(11) require that, for each feature of the system that
192	192	allows disabled voters to cast a ballot, at least one vote be cast
193	193	and verified by a two-person testing board team using that feature;
194	194	and
195	195	(12) require that, when all votes are cast, the
196	196	general custodian of election records and the testing board observe
197	197	the tabulation of all ballots and compare the actual results to the
198	198	expected results.
199	199	(d) To provide a full and accurate account of the condition
200	200	of a given voting machine, the testing board and the general
201	201	custodian of election records shall:
202	202	(1) sign a written statement attesting to:
203	203	(A) the qualification of each direct recording
204	204	electronic voting machine that was successfully tested; and
205	205	(B) any problems discovered; and
206	206	(2) provide any other documentation as necessary.
207	207	(e) On completing the testing, the testing board shall
208	208	witness and document all steps taken to reset, seal, and secure any
209	209	equipment or test materials, as appropriate.
210	210	Sec. 129.025. SECURITY OF TEST MATERIALS. (a) On
211	211	completing each test, the general custodian of election records
212	212	shall place the test materials in a container provided for that
213	213	purpose and seal the container in a manner that prevents opening
214	214	without breaking the seal. The general custodian of election
215	215	records and at least two members of the testing board shall sign the
216	216	seal.
217	217	(b) The test materials shall remain sealed for the period
218	218	for preserving the precinct election records.
219	219	(c) The container may not be unsealed unless the contents
220	220	are necessary to conduct a test under this subchapter or a criminal
221	221	investigation, election contest, or other official proceeding
222	222	under this code. If the container is unsealed, the authority in
223	223	charge of the proceeding shall reseal the contents when not in use.
224	224	[Sections 129.026-129.050 reserved for expansion]
225	225	SUBCHAPTER C. VOTING SYSTEM SECURITY
226	226	Sec. 129.051. SECURITY PLAN. Not later than the 90th day
227	227	before the date a system using direct recording electronic voting
228	228	machines will be used in an election, the authority responsible for
229	229	holding the election shall submit to the secretary of state a
230	230	physical security plan for the system.
231	231	Sec. 129.052. PRE-ELECTION SECURITY PROCEDURE. (a) The
232	232	general custodian of election records shall create and maintain an
233	233	inventory of all electronic information storage media.
234	234	(b) The general custodian of election records shall develop
235	235	a procedure for tracking the custody of each electronic information
236	236	storage medium from its storage location, through election coding
237	237	and the election process, to its final post-election disposition
238	238	and return to storage. The chain of custody must require two or more
239	239	individuals to perform a check and verification check whenever a
240	240	transfer of custody occurs.
241	241	(c) The general custodian of election records shall
242	242	establish a secured location for storing electronic information
243	243	storage media when not in use, coding a medium for an election,
244	244	transferring and installing the medium into voting system
245	245	equipment, and storing voting system equipment after election
246	246	parameters are loaded.
247	247	(d) An election information storage medium shall be kept in
248	248	the presence of an election official or in a secured location once
249	249	the medium has been coded for an election.
250	250	(e) The general custodian of election records shall create a
251	251	procedure for tracking the custody of voting system equipment once
252	252	election parameters are loaded.
253	253	(f) The general custodian of election records shall create a
254	254	recovery plan to be followed if a breach in security procedures is
255	255	indicated. This plan must include immediately notifying the
256	256	secretary of state.
257	257	(g) Not later than the 46th day before the date a system
258	258	using direct recording electronic voting machines will be used in
259	259	an election, the authority responsible for holding the election
260	260	shall submit to the secretary of state:
261	261	(1) all changes or modifications to the system that
262	262	might impair the accuracy and efficiency of the system, unless the
263	263	secretary of state specifically provides otherwise;
264	264	(2) a training plan for election officers at each
265	265	polling place; and
266	266	(3) a communication plan explaining the manner in
267	267	which election officers at each polling place will communicate on
268	268	election day.
269	269	Sec. 129.053. TRANSPORT OF VOTING SYSTEM EQUIPMENT. (a)
270	270	The general custodian of election records shall adopt procedures
271	271	for securely storing and transporting voting system equipment. The
272	272	procedures shall include provisions for locations outside the
273	273	direct control of the general custodian of election records,
274	274	including overnight storage at a polling location. Procedures
275	275	relating to the chain of custody must require two or more
276	276	individuals to perform a check and verification check whenever a
277	277	transfer of custody occurs.
278	278	(b) The general custodian of election records shall create a
279	279	recovery plan to be followed if a breach in security procedures is
280	280	indicated. This plan must include immediately notifying the
281	281	secretary of state.
282	282	(c) The general custodian of election records shall provide
283	283	a training plan for relevant election officials, staff, and
284	284	temporary workers that addresses the procedures authorized under
285	285	this section.
286	286	Sec. 129.054. ACCESS TO VOTING SYSTEM EQUIPMENT. The
287	287	general custodian of election records shall secure access control
288	288	keys or passwords to voting system equipment. Use of access control
289	289	keys or passwords must be witnessed by one or more individuals
290	290	authorized to use that information. The use of an access control
291	291	key or password must be documented and witnessed in a log dedicated
292	292	for that purpose.
293	293	Sec. 129.055. NETWORK CONNECTIONS AND WIRELESS TECHNOLOGY.
294	294	(a) A voting system may not be connected to any external
295	295	communications network, including the Internet.
296	296	(b) A voting system may not have the capability of
297	297	permitting wireless communication.
298	298	Sec. 129.056. SOFTWARE. The sole purpose of voting system
299	299	equipment is the conduct of an election, and only software
300	300	certified by the secretary of state and necessary for an election
301	301	may be loaded on the equipment.
302	302	Sec. 129.057. PLAN FOR MACHINE FAILURE. The general
303	303	custodian of election records shall create a contingency plan for
304	304	addressing direct recording electronic voting machine failure.
305	305	This plan must include the timely notification of the secretary of
306	306	state.
307	307	Sec. 129.058. USE OF MACHINE IN EARLY VOTING. A direct
308	308	recording electronic voting machine deployed for early voting may
309	309	not be deployed on election day.
310	310	Sec. 129.059. POSTING. At each polling place at which a
311	311	direct recording electronic voting machine is used for voting,
312	312	postings must indicate the penalties for tampering with the
313	313	machines in each language used at that polling place for the ballot.
314	314	SECTION 2. This Act takes effect January 1, 2010.