86R28403 GRM-F
By: Swanson H.B. No. 4130
Substitute the following for H.B. No. 4130:
By: Cortez C.S.H.B. No. 4130
A BILL TO BE ENTITLED
AN ACT
relating to use of an electronic device for accepting voters;
authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 31, Election Code, is
amended by adding Section 31.014 to read as follows:
Sec. 31.014. CERTIFICATION OF ELECTRONIC DEVICES TO ACCEPT
VOTERS. (a) The secretary of state shall prescribe specific
requirements and standards, consistent with this code, for the
certification of an electronic device used to accept voters under
Chapter 63 that require the device to:
(1) produce an electronic copy of the list of voters
who were accepted to vote for delivery to the election judge after
the polls close;
(2) display the voter's original signature in
accordance with Section 63.002;
(3) accept a voter for voting even when the device is
off-line;
(4) provide the full list of voters registered in the
county with an indication of the jurisdictional or distinguishing
number for each territorial unit in which each voter resides;
(5) time-stamp when each voter is accepted at a
polling place, including the voter's unique identifier;
(6) if the county participates in the countywide
polling place program under Section 43.007 or has more than one
early voting polling place, transmit a time stamp when each voter is
accepted, including the voter's unique identifier, to all polling
place locations;
(7) time-stamp the receipt of a transmission under
Subdivision (6); and
(8) produce in an electronic format compatible with
the statewide voter registration list under Section 18.061 data for
retention and transfer that includes:
(A) the polling location in which the device was
used;
(B) the dated time stamp under Subdivision (5);
and
(C) dated time stamp under Subdivision (7).
(b) A device described by this section must be certified
annually by the secretary of state.
(c) The secretary of state shall adopt rules that require a
device described by this section used during the early voting
period or under the countywide polling place program under Section
43.007 to update data in real time. If a county uses a device that
does not comply with the rule in two consecutive general elections
for state and county officers, the secretary of state shall assess a
noncompliance fee. The noncompliance fee shall be set at an amount
determined by secretary of state rule.
SECTION 2. Section 63.003, Election Code, is amended by
adding Subsection (d) to read as follows:
(d) The poll list may be in the form of an electronic device
approved by the secretary of state. The secretary of state shall
adopt rules governing the use of electronic poll lists.
SECTION 3. Section 63.004, Election Code, is amended by
adding Subsection (e) to read as follows:
(e) A combination form may be in the form of an electronic
device approved by the secretary of state. The secretary of state
shall adopt rules governing the minimum requirements and approval
of an electronic device used for any form used in connection with
the acceptance of voters at a polling place.
SECTION 4. This Act takes effect September 1, 2019.