Texas 2017 - 85th Regular

Texas Senate Bill SB506 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: West S.B. No. 506
2		-	(In the Senate - Filed January 17, 2017; February 6, 2017,
3		-	read first time and referred to Committee on State Affairs;
4		-	May 10, 2017, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 8, Nays 0; May 10, 2017,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 506 By: Huffman
	1	+	By: West, Garcia S.B. No. 506
9	2
10	3
11	4		A BILL TO BE ENTITLED
12	5		AN ACT
13	6		relating to certain voting systems.
14	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	8		SECTION 1. Sections 43.007(c) and (d), Election Code, are
16	9		amended to read as follows:
17	10		(c) In conducting the program, the secretary of state shall
18	11		provide for an audit of the voting system [direct recording
19	12		electronic voting] units used, including any type of voting system
20	13		unit described by Subsection (d)(4), before and after the election,
21	14		and during the election to the extent such an audit is practicable.
22	15		(d) The secretary of state shall select to participate in
23	16		the program each county that:
24	17		(1) has held a public hearing under Subsection (b);
25	18		(2) has submitted documentation listing the steps
26	19		taken to solicit input on participating in the program by
27	20		organizations or persons who represent the interests of voters;
28	21		(3) has implemented a computerized voter registration
29	22		list that allows an election officer at the polling place to verify
30	23		that a voter has not previously voted in the election;
31	24		(4) uses either direct recording electronic voting
32	25		machines or a voting system capable of printing all available
33	26		ballot styles of that polling place; and
34	27		(5) is determined by the secretary of state to have the
35	28		appropriate technological capabilities.
36	29		SECTION 2. Section 121.003, Election Code, is amended by
37	30		adding Subdivisions (13) and (14) to read as follows:
38	31		(13) "Precinct ballot counter" means a voting system
39	32		under which paper ballots are deposited into a ballot scanner
40	33		attached to a secure ballot box.
41	34		(14) "Central accumulator" means a part of a voting
42	35		system that tabulates and consolidates the vote totals for multiple
43	36		precincts.
44	37		SECTION 3. Section 122.001, Election Code, is amended by
45	38		adding Subsection (f) to read as follows:
46	39		(f) A voting system that uses a central accumulator may not
47	40		be used in an election unless the central accumulator creates in
48	41		real time an audit log including a date and time stamp of each
49	42		significant election event as determined by the secretary of state.
50	43		SECTION 4. Chapter 125, Election Code, is amended by adding
51	44		Subchapter D to read as follows:
52	45		SUBCHAPTER D. VOTING SYSTEM USING PRECINCT BALLOT COUNTER
53	46		Sec. 125.101. VOTING SYSTEM USING PRECINCT BALLOT COUNTER.
54	47		(a) A voting system that uses a precinct ballot counter must
55	48		comply with the requirements of this subchapter in addition to
56	49		other applicable procedures prescribed by this code.
57	50		(b) To the extent not in conflict with this subchapter, a
58	51		provision of this code applicable to an electronic voting system is
59	52		applicable to a voting system that uses a precinct ballot counter.
60	53		Sec. 125.102. PRECINCT BALLOT COUNTER USED DURING EARLY
61	54		VOTING BY PERSONAL APPEARANCE. (a) This section applies only to
62	55		voting during the period for early voting by personal appearance.
63	56		(b) A precinct ballot counter must be properly secured to
64	57		prevent tampering or the unauthorized deposit of ballots.
65	58		(c) The early voting clerk or deputy early voting clerk must
66	59		inspect a precinct ballot counter before voting begins on each day
67	60		to ensure that the precinct ballot counter:
68	61		(1) is properly locked with two locks, each with a
69	62		different key;
70	63		(2) is properly sealed to detect an unauthorized
71	64		opening of the box; and
72	65		(3) registers that no votes have been cast on that day.
73	66		(d) At the conclusion of voting on each day, the presiding
74	67		judge shall:
75	68		(1) print a report from the precinct ballot counter
76	69		showing the number of ballots cast on that day; and
77	70		(2) ensure that the precinct ballot counter is
78	71		properly locked, sealed, and powered off to prevent tampering or
79	72		the unauthorized deposit of ballots.
80	73		(e) If a precinct ballot counter is not able to print the
81	74		report described by Subsection (d)(1), an election officer shall
82	75		complete a daily ballot count manually and generate a report. A
83	76		report described by this subsection must be signed by at least two
84	77		election officers each time an entry is made and may be signed by
85	78		any poll watchers present.
86	79		(f) The secretary of state shall prescribe the form of the
87	80		report described by Subsection (d)(1).
88	81		(g) The early voting clerk or deputy early voting clerk may
89	82		not print a results tape from a precinct ballot counter.
90	83		Sec. 125.103. PROCEDURES BEFORE VOTING BEGINS ON ELECTION
91	84		DAY. The presiding election judge must inspect a precinct ballot
92	85		counter before voting begins on election day to ensure that the
93	86		precinct ballot counter:
94	87		(1) is properly locked and sealed; and
95	88		(2) registers that no votes have been cast.
96	89		Sec. 125.104. ACCEPTING BALLOT. (a) A precinct ballot
97	90		counter must be designed to accept or reject a voter's ballot
98	91		according to programmed instructions. The programmed instructions
99	92		shall reject and return to the voter a ballot that is blank or
100	93		overvoted.
101	94		(b) A voter whose ballot is rejected by a precinct ballot
102	95		counter may:
103	96		(1) attempt to correct the ballot;
104	97		(2) return the ballot to an election officer as a
105	98		spoiled ballot and request a replacement ballot, except as provided
106	99		by Subsection (c); or
107	100		(3) request that an election officer override the
108	101		rejection and instruct the precinct ballot counter to accept the
109	102		ballot as voted.
110	103		(c) A voter may not be given a replacement ballot under
111	104		Subsection (b)(2) if the voter has already been provided with two
112	105		replacement ballots under that subsection for the election. A
113	106		voter who has reached the limit for replacement ballots must follow
114	107		the procedure provided by Subsection (b)(3).
115	108		SECTION 5. Chapter 127, Election Code, is amended by adding
116	109		Subchapter I to read as follows:
117	110		SUBCHAPTER I. PROCESSING RESULTS OF VOTING SYSTEM USING PRECINCT
118	111		BALLOT COUNTER
119	112		Sec. 127.251. PRECINCT BALLOT COUNTER. (a) This
120	113		subchapter applies to the processing of election results in a
121	114		voting system using a precinct ballot counter.
122	115		(b) The secretary of state shall prescribe any necessary
123	116		procedures, in addition to those prescribed by this subchapter, for
124	117		processing the election results.
125	118		Sec. 127.252. PROCEDURES AFTER VOTING COMPLETED.
126	119		(a) After the last voter has voted on election day, the presiding
127	120		judge must secure a precinct ballot counter to ensure that no
128	121		additional votes can be cast.
129	122		(b) If the votes cast on a precinct ballot counter are not to
130	123		be counted at a central counting station, the presiding judge shall
131	124		print three copies of the tape containing the ballot tabulation
132	125		from the precinct ballot counter for purposes of checking for a
133	126		discrepancy under Section 127.156. If a discrepancy is found as
134	127		provided by that section, the official tabulation shall be
135	128		conducted in the manner provided by Section 127.157.
136	129		Sec. 127.253. PROCESSING RESULTS AT CENTRAL COUNTING
137	130		STATION. If votes cast on a precinct ballot counter are to be
138	131		counted at a central counting station, the procedures established
139	132		for counting votes under Subchapters C and E must be followed.
140	133		Sec. 127.254. EARLY VOTING BALLOTS COUNTED BY EARLY VOTING
141	134		BALLOT BOARD. (a) At the time tabulation is to begin, the
142	135		presiding judge of the early voting ballot board shall inspect the
143	136		precinct ballot counter to determine whether the seals are intact
144	137		and that they match the serial numbers listed on the ballot and seal
145	138		certificate. If the seals are not intact, the ballots must be
146	139		counted with another tabulation device.
147	140		(b) If the seals are intact, the presiding judge shall print
148	141		a report from the precinct ballot counter to verify that no
149	142		unauthorized ballots have been cast since the conclusion of early
150	143		voting by personal appearance.
151	144		(c) If the report printed under Subsection (b) shows that no
152	145		unauthorized ballots were cast on the precinct ballot counter, the
153	146		presiding judge shall print three copies of the tape containing the
154	147		ballot tabulation from the precinct ballot counter for purposes of
155	148		checking for a discrepancy under Section 127.156.
156	149		(d) If no discrepancy under Section 127.156 requires the
157	150		official tabulation of ballots to be conducted at a central
158	151		counting station as provided by Section 127.157, the presiding
159	152		judge shall use the printed results tapes, and any tally sheets used
160	153		for the manual counting of write-in votes, to prepare the early
161	154		voting precinct returns.
162	155		Sec. 127.255. EARLY VOTING BALLOTS COUNTED AT CENTRAL
163	156		COUNTING STATION. If early voting ballots cast on a precinct ballot
164	157		counter are to be counted at a central counting station, the
165	158		procedures established for counting votes under Subchapters C and E
166	159		must be followed.
167	160		Sec. 127.256. COUNTING OF EARLY VOTING BALLOTS VOTED BY
168	161		MAIL. (a) A precinct ballot counter may be used to count early
169	162		voting ballots voted by mail.
170	163		(b) A precinct ballot counter used during early voting by
171	164		personal appearance may be used to count early voting ballots voted
172	165		by mail if:
173	166		(1) all appropriate documentation, including rosters
174	167		and voting history, are maintained separately for early ballots
175	168		cast by mail and by personal appearance;
176	169		(2) the authority counting the ballots prints a report
177	170		from the precinct ballot counter showing that no unauthorized
178	171		ballots were cast on the precinct ballot counter after the close of
179	172		early voting by personal appearance; and
180	173		(3) the authority counting the ballots removes all
181	174		ballots cast during early voting by personal appearance from the
182	175		precinct ballot counter and places them in a secured container.
183	176		(c) The presiding judge of the authority counting the
184	177		ballots shall place the early voting ballots voted by mail in the
185	178		precinct ballot counter to be scanned and counted.
186	179		(d) On completion of the scanning, the early voting ballots
187	180		voted by mail shall be removed from the precinct ballot counter and
188	181		placed in a secured container. The container may be the same as the
189	182		container described by Subsection (b)(3), but early voting ballots
190	183		voted by personal appearance must be maintained separately from the
191	184		early voting ballots voted by mail.
192	185		(e) The presiding judge of the authority counting the
193	186		ballots shall print two copies of the tape containing the ballot
194	187		tabulation from the precinct ballot counter to verify that the
195	188		total number of ballots scanned is equal to the sum of the total
196	189		number of ballots scanned from early voting by personal appearance
197	190		and the total number of ballots scanned from early voting by mail on
198	191		the precinct ballot counter.
199	192		(f) Any deviation from the procedures described by this
200	193		section must be approved by the secretary of state.
201	194		SECTION 6. Section 127.067, Election Code, is amended by
202	195		adding Subsection (d) to read as follows:
203	196		(d) An audit log produced by a central accumulator is
204	197		considered part of the election records.
205	198		SECTION 7. Subchapter E, Chapter 127, Election Code, is
206	199		amended by adding Section 127.1302 to read as follows:
207	200		Sec. 127.1302. PREPARING AUDIT LOG. (a) A poll watcher
208	201		may request a printed copy of an audit log produced by a central
209	202		accumulator:
210	203		(1) before any votes are tabulated;
211	204		(2) after early voting results are tabulated; and
212	205		(3) immediately following the completion of the vote
213	206		tabulation.
214	207		(b) After the automatic counting of ballots for each
215	208		precinct is completed, the manager of a central counting station
216	209		shall print a copy of the entire audit log to retain with other
217	210		election records.
218	211		SECTION 8. Section 129.054, Election Code, is amended to
219	212		read as follows:
220	213		Sec. 129.054. NETWORK CONNECTIONS AND WIRELESS TECHNOLOGY.
221	214		(a) A voting system, including any voting system used in the
222	215		countywide polling place program, may not be connected to any
223	216		external communications network, including the Internet.
224	217		(b) A voting system, including any voting system used in the
225	218		countywide polling place program, may not have the capability of
226	219		permitting wireless communication unless the system uses
227	220		line-of-sight infrared technology that shields the transmitter and
228	221		receiver from external infrared transmissions and the system can
229	222		only accept transmissions generated by the system.
230	223		SECTION 9. This Act takes effect immediately if it receives
231	224		a vote of two-thirds of all the members elected to each house, as
232	225		provided by Section 39, Article III, Texas Constitution. If this
233	226		Act does not receive the vote necessary for immediate effect, this
234	227		Act takes effect September 1, 2017.
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