4 | 10 | | AN ACT |
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5 | 11 | | relating to use of an electronic device for accepting voters; |
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6 | 12 | | authorizing a fee. |
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7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 14 | | SECTION 1. Subchapter A, Chapter 31, Election Code, is |
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9 | 15 | | amended by adding Section 31.014 to read as follows: |
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10 | 16 | | Sec. 31.014. CERTIFICATION OF ELECTRONIC DEVICES TO ACCEPT |
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11 | 17 | | VOTERS. (a) The secretary of state shall prescribe specific |
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12 | 18 | | requirements and standards, consistent with this code, for the |
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13 | 19 | | certification of an electronic device used to accept voters under |
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14 | 20 | | Chapter 63 that require the device to: |
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15 | 21 | | (1) produce an electronic copy of the list of voters |
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16 | 22 | | who were accepted to vote for delivery to the election judge after |
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17 | 23 | | the polls close; |
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18 | 24 | | (2) display the voter's original signature in |
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19 | 25 | | accordance with Section 63.002; |
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20 | 26 | | (3) accept a voter for voting even when the device is |
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21 | 27 | | off-line; |
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22 | 28 | | (4) provide the full list of voters registered in the |
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23 | 29 | | county with an indication of the jurisdictional or distinguishing |
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24 | 30 | | number for each territorial unit in which each voter resides; |
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25 | 31 | | (5) time-stamp when each voter is accepted at a |
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26 | 32 | | polling place, including the voter's unique identifier; |
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27 | 33 | | (6) if the county participates in the countywide |
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28 | 34 | | polling place program under Section 43.007 or has more than one |
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29 | 35 | | early voting polling place, transmit a time stamp when each voter is |
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30 | 36 | | accepted, including the voter's unique identifier, to all polling |
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31 | 37 | | place locations; |
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32 | 38 | | (7) time-stamp the receipt of a transmission under |
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33 | 39 | | Subdivision (6); and |
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34 | 40 | | (8) produce in an electronic format compatible with |
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35 | 41 | | the statewide voter registration list under Section 18.061 data for |
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36 | 42 | | retention and transfer that includes: |
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37 | 43 | | (A) the polling location in which the device was |
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38 | 44 | | used; |
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39 | 45 | | (B) the dated time stamp under Subdivision (5); |
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40 | 46 | | and |
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41 | 47 | | (C) the dated time stamp under Subdivision (7). |
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42 | 48 | | (b) A device described by this section must be certified |
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43 | 49 | | annually by the secretary of state. |
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44 | 50 | | (c) The secretary of state shall adopt rules that require a |
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45 | 51 | | device described by this section used during the early voting |
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46 | 52 | | period or under the countywide polling place program under Section |
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47 | 53 | | 43.007 to update data in real time. If a county uses a device that |
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48 | 54 | | does not comply with the rule in two consecutive general elections |
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49 | 55 | | for state and county officers, the secretary of state shall assess a |
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50 | 56 | | noncompliance fee. The noncompliance fee shall be set at an amount |
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51 | 57 | | determined by secretary of state rule. |
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52 | 58 | | SECTION 2. Section 63.003, Election Code, is amended by |
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53 | 59 | | adding Subsection (d) to read as follows: |
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54 | 60 | | (d) The poll list may be in the form of an electronic device |
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55 | 61 | | approved by the secretary of state. The secretary of state shall |
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56 | 62 | | adopt rules governing the use of electronic poll lists. |
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57 | 63 | | SECTION 3. Section 63.004, Election Code, is amended by |
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58 | 64 | | adding Subsection (e) to read as follows: |
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59 | 65 | | (e) A combination form may be in the form of an electronic |
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60 | 66 | | device approved by the secretary of state. The secretary of state |
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61 | 67 | | shall adopt rules governing the minimum requirements and approval |
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62 | 68 | | of an electronic device used for any form used in connection with |
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63 | 69 | | the acceptance of voters at a polling place. |
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64 | 70 | | SECTION 4. This Act takes effect September 1, 2019. |
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65 | | - | ______________________________ ______________________________ |
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66 | | - | President of the Senate Speaker of the House |
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67 | | - | I certify that H.B. No. 4130 was passed by the House on May |
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68 | | - | 10, 2019, by the following vote: Yeas 141, Nays 0, 2 present, not |
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69 | | - | voting. |
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70 | | - | ______________________________ |
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71 | | - | Chief Clerk of the House |
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72 | | - | I certify that H.B. No. 4130 was passed by the Senate on May |
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73 | | - | 21, 2019, by the following vote: Yeas 31, Nays 0. |
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74 | | - | ______________________________ |
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75 | | - | Secretary of the Senate |
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76 | | - | APPROVED: _____________________ |
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77 | | - | Date |
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78 | | - | _____________________ |
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79 | | - | Governor |
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| 71 | + | * * * * * |
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