| 12 | | - | SECTION 1. Sections 43.007(c) and (d), Election Code, are |
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| 13 | | - | amended to read as follows: |
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| 14 | | - | (c) In conducting the program, the secretary of state shall |
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| 15 | | - | provide for an audit of the voting system equipment [direct |
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| 16 | | - | recording electronic voting units] before and after the election, |
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| 17 | | - | and during the election to the extent such an audit is practicable. |
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| 18 | | - | (d) The secretary of state shall select to participate in |
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| 19 | | - | the program each county that: |
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| 20 | | - | (1) has held a public hearing under Subsection (b); |
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| 21 | | - | (2) has submitted documentation listing the steps |
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| 22 | | - | taken to solicit input on participating in the program by |
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| 23 | | - | organizations or persons who represent the interests of voters; |
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| 24 | | - | (3) has implemented a computerized voter registration |
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| 25 | | - | list that allows an election officer at the polling place to verify |
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| 26 | | - | that a voter has not previously voted in the election; |
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| 27 | | - | (4) uses direct recording electronic voting machines, |
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| 28 | | - | ballot marking devices, or hand-marked scannable paper ballots that |
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| 29 | | - | are printed and scanned at the polling place or any other type of |
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| 30 | | - | voting system equipment that the secretary of state determines is |
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| 31 | | - | capable of processing votes for each type of ballot to be voted in |
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| 32 | | - | the county; and |
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| 33 | | - | (5) is determined by the secretary of state to have the |
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| 34 | | - | appropriate technological capabilities. |
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| 35 | | - | SECTION 2. Subchapter A, Chapter 129, Election Code, is |
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| 10 | + | SECTION 1. Subchapter A, Chapter 129, Election Code, is |
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| 36 | 11 | | amended by adding Section 129.003 to read as follows: |
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| 37 | 12 | | Sec. 129.003. AUDITABLE VOTING SYSTEM. (a) In this |
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| 38 | 13 | | section: |
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| 39 | 14 | | (1) "Auditable voting system" means a voting system |
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| 40 | 15 | | that produces a voter-verifiable paper record. |
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| 41 | 16 | | (2) "Voter-verifiable paper record" means a paper |
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| 42 | 17 | | record of an electronically generated ballot that may be: |
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| 43 | 18 | | (A) reviewed and corrected by the voter at the |
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| 44 | 19 | | time the ballot is cast; and |
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| 45 | 20 | | (B) used for a recount in an election in which |
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| 46 | 21 | | electronically generated ballots were used. |
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| 47 | 22 | | (b) Beginning September 1, 2021, an authority of a political |
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| 48 | 23 | | subdivision may not purchase a voting system consisting of direct |
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| 49 | 24 | | recording electronic voting machines that is not an auditable |
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| 50 | 25 | | voting system. |
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