By: West S.B. No. 506
(In the Senate - Filed January 17, 2017; February 6, 2017,
read first time and referred to Committee on State Affairs;
May 10, 2017, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 0; May 10, 2017,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 506 By: Huffman
A BILL TO BE ENTITLED
AN ACT
relating to certain voting systems.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 43.007(c) and (d), Election Code, are
amended to read as follows:
(c) In conducting the program, the secretary of state shall
provide for an audit of the voting system [direct recording
electronic voting] units used, including any type of voting system
unit described by Subsection (d)(4), before and after the election,
and during the election to the extent such an audit is practicable.
(d) The secretary of state shall select to participate in
the program each county that:
(1) has held a public hearing under Subsection (b);
(2) has submitted documentation listing the steps
taken to solicit input on participating in the program by
organizations or persons who represent the interests of voters;
(3) has implemented a computerized voter registration
list that allows an election officer at the polling place to verify
that a voter has not previously voted in the election;
(4) uses either direct recording electronic voting
machines or a voting system capable of printing all available
ballot styles of that polling place; and
(5) is determined by the secretary of state to have the
appropriate technological capabilities.
SECTION 2. Section 121.003, Election Code, is amended by
adding Subdivisions (13) and (14) to read as follows:
(13) "Precinct ballot counter" means a voting system
under which paper ballots are deposited into a ballot scanner
attached to a secure ballot box.
(14) "Central accumulator" means a part of a voting
system that tabulates and consolidates the vote totals for multiple
precincts.
SECTION 3. Section 122.001, Election Code, is amended by
adding Subsection (f) to read as follows:
(f) A voting system that uses a central accumulator may not
be used in an election unless the central accumulator creates in
real time an audit log including a date and time stamp of each
significant election event as determined by the secretary of state.
SECTION 4. Chapter 125, Election Code, is amended by adding
Subchapter D to read as follows:
SUBCHAPTER D. VOTING SYSTEM USING PRECINCT BALLOT COUNTER
Sec. 125.101. VOTING SYSTEM USING PRECINCT BALLOT COUNTER.
(a) A voting system that uses a precinct ballot counter must
comply with the requirements of this subchapter in addition to
other applicable procedures prescribed by this code.
(b) To the extent not in conflict with this subchapter, a
provision of this code applicable to an electronic voting system is
applicable to a voting system that uses a precinct ballot counter.
Sec. 125.102. PRECINCT BALLOT COUNTER USED DURING EARLY
VOTING BY PERSONAL APPEARANCE. (a) This section applies only to
voting during the period for early voting by personal appearance.
(b) A precinct ballot counter must be properly secured to
prevent tampering or the unauthorized deposit of ballots.
(c) The early voting clerk or deputy early voting clerk must
inspect a precinct ballot counter before voting begins on each day
to ensure that the precinct ballot counter:
(1) is properly locked with two locks, each with a
different key;
(2) is properly sealed to detect an unauthorized
opening of the box; and
(3) registers that no votes have been cast on that day.
(d) At the conclusion of voting on each day, the presiding
judge shall:
(1) print a report from the precinct ballot counter
showing the number of ballots cast on that day; and
(2) ensure that the precinct ballot counter is
properly locked, sealed, and powered off to prevent tampering or
the unauthorized deposit of ballots.
(e) If a precinct ballot counter is not able to print the
report described by Subsection (d)(1), an election officer shall
complete a daily ballot count manually and generate a report. A
report described by this subsection must be signed by at least two
election officers each time an entry is made and may be signed by
any poll watchers present.
(f) The secretary of state shall prescribe the form of the
report described by Subsection (d)(1).
(g) The early voting clerk or deputy early voting clerk may
not print a results tape from a precinct ballot counter.
Sec. 125.103. PROCEDURES BEFORE VOTING BEGINS ON ELECTION
DAY. The presiding election judge must inspect a precinct ballot
counter before voting begins on election day to ensure that the
precinct ballot counter:
(1) is properly locked and sealed; and
(2) registers that no votes have been cast.
Sec. 125.104. ACCEPTING BALLOT. (a) A precinct ballot
counter must be designed to accept or reject a voter's ballot
according to programmed instructions. The programmed instructions
shall reject and return to the voter a ballot that is blank or
overvoted.
(b) A voter whose ballot is rejected by a precinct ballot
counter may:
(1) attempt to correct the ballot;
(2) return the ballot to an election officer as a
spoiled ballot and request a replacement ballot, except as provided
by Subsection (c); or
(3) request that an election officer override the
rejection and instruct the precinct ballot counter to accept the
ballot as voted.
(c) A voter may not be given a replacement ballot under
Subsection (b)(2) if the voter has already been provided with two
replacement ballots under that subsection for the election. A
voter who has reached the limit for replacement ballots must follow
the procedure provided by Subsection (b)(3).
SECTION 5. Chapter 127, Election Code, is amended by adding
Subchapter I to read as follows:
SUBCHAPTER I. PROCESSING RESULTS OF VOTING SYSTEM USING PRECINCT
BALLOT COUNTER
Sec. 127.251. PRECINCT BALLOT COUNTER. (a) This
subchapter applies to the processing of election results in a
voting system using a precinct ballot counter.
(b) The secretary of state shall prescribe any necessary
procedures, in addition to those prescribed by this subchapter, for
processing the election results.
Sec. 127.252. PROCEDURES AFTER VOTING COMPLETED.
(a) After the last voter has voted on election day, the presiding
judge must secure a precinct ballot counter to ensure that no
additional votes can be cast.
(b) If the votes cast on a precinct ballot counter are not to
be counted at a central counting station, the presiding judge shall
print three copies of the tape containing the ballot tabulation
from the precinct ballot counter for purposes of checking for a
discrepancy under Section 127.156. If a discrepancy is found as
provided by that section, the official tabulation shall be
conducted in the manner provided by Section 127.157.
Sec. 127.253. PROCESSING RESULTS AT CENTRAL COUNTING
STATION. If votes cast on a precinct ballot counter are to be
counted at a central counting station, the procedures established
for counting votes under Subchapters C and E must be followed.
Sec. 127.254. EARLY VOTING BALLOTS COUNTED BY EARLY VOTING
BALLOT BOARD. (a) At the time tabulation is to begin, the
presiding judge of the early voting ballot board shall inspect the
precinct ballot counter to determine whether the seals are intact
and that they match the serial numbers listed on the ballot and seal
certificate. If the seals are not intact, the ballots must be
counted with another tabulation device.
(b) If the seals are intact, the presiding judge shall print
a report from the precinct ballot counter to verify that no
unauthorized ballots have been cast since the conclusion of early
voting by personal appearance.
(c) If the report printed under Subsection (b) shows that no
unauthorized ballots were cast on the precinct ballot counter, the
presiding judge shall print three copies of the tape containing the
ballot tabulation from the precinct ballot counter for purposes of
checking for a discrepancy under Section 127.156.
(d) If no discrepancy under Section 127.156 requires the
official tabulation of ballots to be conducted at a central
counting station as provided by Section 127.157, the presiding
judge shall use the printed results tapes, and any tally sheets used
for the manual counting of write-in votes, to prepare the early
voting precinct returns.
Sec. 127.255. EARLY VOTING BALLOTS COUNTED AT CENTRAL
COUNTING STATION. If early voting ballots cast on a precinct ballot
counter are to be counted at a central counting station, the
procedures established for counting votes under Subchapters C and E
must be followed.
Sec. 127.256. COUNTING OF EARLY VOTING BALLOTS VOTED BY
MAIL. (a) A precinct ballot counter may be used to count early
voting ballots voted by mail.
(b) A precinct ballot counter used during early voting by
personal appearance may be used to count early voting ballots voted
by mail if:
(1) all appropriate documentation, including rosters
and voting history, are maintained separately for early ballots
cast by mail and by personal appearance;
(2) the authority counting the ballots prints a report
from the precinct ballot counter showing that no unauthorized
ballots were cast on the precinct ballot counter after the close of
early voting by personal appearance; and
(3) the authority counting the ballots removes all
ballots cast during early voting by personal appearance from the
precinct ballot counter and places them in a secured container.
(c) The presiding judge of the authority counting the
ballots shall place the early voting ballots voted by mail in the
precinct ballot counter to be scanned and counted.
(d) On completion of the scanning, the early voting ballots
voted by mail shall be removed from the precinct ballot counter and
placed in a secured container. The container may be the same as the
container described by Subsection (b)(3), but early voting ballots
voted by personal appearance must be maintained separately from the
early voting ballots voted by mail.
(e) The presiding judge of the authority counting the
ballots shall print two copies of the tape containing the ballot
tabulation from the precinct ballot counter to verify that the
total number of ballots scanned is equal to the sum of the total
number of ballots scanned from early voting by personal appearance
and the total number of ballots scanned from early voting by mail on
the precinct ballot counter.
(f) Any deviation from the procedures described by this
section must be approved by the secretary of state.
SECTION 6. Section 127.067, Election Code, is amended by
adding Subsection (d) to read as follows:
(d) An audit log produced by a central accumulator is
considered part of the election records.
SECTION 7. Subchapter E, Chapter 127, Election Code, is
amended by adding Section 127.1302 to read as follows:
Sec. 127.1302. PREPARING AUDIT LOG. (a) A poll watcher
may request a printed copy of an audit log produced by a central
accumulator:
(1) before any votes are tabulated;
(2) after early voting results are tabulated; and
(3) immediately following the completion of the vote
tabulation.
(b) After the automatic counting of ballots for each
precinct is completed, the manager of a central counting station
shall print a copy of the entire audit log to retain with other
election records.
SECTION 8. Section 129.054, Election Code, is amended to
read as follows:
Sec. 129.054. NETWORK CONNECTIONS AND WIRELESS TECHNOLOGY.
(a) A voting system, including any voting system used in the
countywide polling place program, may not be connected to any
external communications network, including the Internet.
(b) A voting system, including any voting system used in the
countywide polling place program, may not have the capability of
permitting wireless communication unless the system uses
line-of-sight infrared technology that shields the transmitter and
receiver from external infrared transmissions and the system can
only accept transmissions generated by the system.
SECTION 9. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.
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