87R19363 ADM-D
By: White, Beckley, et al. H.B. No. 1708
Substitute the following for H.B. No. 1708:
By: Swanson C.S.H.B. No. 1708
A BILL TO BE ENTITLED
AN ACT
relating to a voting system that produces a voter-verifiable paper
record.
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 equipment [direct
recording electronic voting units] 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 direct recording electronic voting machines,
ballot marking devices, or hand-marked scannable paper ballots that
are printed and scanned at the polling place or any other type of
voting system equipment that the secretary of state determines is
capable of processing votes for each type of ballot to be voted in
the county; and
(5) is determined by the secretary of state to have the
appropriate technological capabilities.
SECTION 2. Subchapter A, Chapter 129, Election Code, is
amended by adding Section 129.003 to read as follows:
Sec. 129.003. AUDITABLE VOTING SYSTEM. (a) In this
section:
(1) "Auditable voting system" means a voting system
that produces a voter-verifiable paper record.
(2) "Voter-verifiable paper record" means a paper
record of an electronically generated ballot that may be:
(A) reviewed and corrected by the voter at the
time the ballot is cast; and
(B) used for a recount in an election in which
electronically generated ballots were used.
(b) Beginning September 1, 2021, an authority of a political
subdivision may not purchase a voting system consisting of direct
recording electronic voting machines that is not an auditable
voting system.
(c) Beginning September 1, 2030, a voting system consisting
of direct recording electronic voting machines may not be used in an
election unless the system is an auditable voting system.
SECTION 3. 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, 2021.