Texas 2021 - 87th Regular

Texas House Bill HB2075 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Swanson H.B. No. 2075
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to voting system equipment; creating a criminal offense.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 31.014, Election Code, is amended by
9	9	amending Subsection (a), (b), and (c) and adding Subsection (d) to
10	10	read as follows:
11	11	(a) The secretary of state shall prescribe specific
12	12	requirements and standards, consistent with this code, for the
13	13	certification of an electronic device used to accept voters under
14	14	Chapter 63 that require the device to:
15	15	(1) produce an electronic copy of the list of voters
16	16	who were accepted to vote for delivery to the election judge after
17	17	the polls close;
18	18	(2) display the voter's original signature in
19	19	accordance with Section 63.002;
20	20	(3) accept a voter for voting even when the device is
21	21	off-line;
22	22	(4) provide the full list of voters registered in the
23	23	county with an indication of the jurisdictional or distinguishing
24	24	number for each territorial unit in which each voter resides;
25	25	(5) time-stamp when each voter is accepted at a
26	26	polling place, including the voter's unique identifier;
27	27	(6) if the county participates in the countywide
28	28	polling place program under Section 43.007 or has more than one
29	29	early voting polling place, transmit a time stamp when each voter is
30	30	accepted, including the voter's unique identifier, to all polling
31	31	place locations;
32	32	(7) time-stamp the receipt of a transmission under
33	33	Subdivision (6); [and]
34	34	(8) perform a self-assessment on starting up to ensure
35	35	functionality and connectivity;
36	36	(9) maintain a secure wireless connection that does
37	37	not transmit or store data on any device or medium located outside
38	38	the state; and
39	39	(10) produce in an electronic format capable of
40	40	updating in real time and compatible with the statewide voter
41	41	registration list under Section 18.061 data for retention and
42	42	transfer that includes:
43	43	(A) the polling location in which the device was
44	44	used;
45	45	(B) the dated time stamp under Subdivision (5);
46	46	and
47	47	(C) the dated time stamp under Subdivision (7).
48	48	(b) A device described by this section must be certified
49	49	annually by the secretary of state. The secretary of state may not
50	50	certify a device that does not meet each requirement listed in
51	51	Subsection (a).
52	52	(c) The secretary of state shall adopt rules that:
53	53	(1) require a device described by this section used
54	54	during the early voting period or under the countywide polling
55	55	place program under Section 43.007 to update data in 10 minutes or
56	56	less [real time]; and
57	57	(2) require a county that uses a device described by
58	58	this section to use each device function described by Subsection
59	59	(a).
60	60	(d) If a county uses a device that does not comply with a
61	61	rule adopted under this section or uses a device in a manner that
62	62	does not comply with a [the] rule adopted under this section in any
63	63	[two consecutive general] elections for state and county officers,
64	64	the secretary of state shall assess a noncompliance fee. The
65	65	noncompliance fee shall be set at an amount determined by secretary
66	66	of state rule.
67	67	SECTION 1.02. Section 122.032(a), Election Code, is amended
68	68	to read as follows:
69	69	(a) For a voting system or voting system equipment to be
70	70	approved for use in elections, the voting system in which the
71	71	equipment is designed to be used must:
72	72	(1) comply with the standards prescribed by Subchapter
73	73	A; and
74	74	(2) beginning September 1, 2021, have all software and
75	75	data for the voting system manufactured, stored, and held in the
76	76	United States and sold by a company whose:
77	77	(A) headquarters are located in the United
78	78	States; and
79	79	(B) parent company's headquarters, if
80	80	applicable, are located in the United States.
81	81	SECTION 1.03. Subchapter B, Chapter 123, Election Code, is
82	82	amended by adding Section 123.0311 to read as follows:
83	83	Sec. 123.0311. DISCLOSURE OF RELATED ENTITIES. (a) A
84	84	contract under Section 123.031 to acquire equipment necessary for
85	85	operating a voting system from a vendor must identify each person or
86	86	entity that has a five percent or greater ownership interest in:
87	87	(1) the vendor;
88	88	(2) the vendor's parent company, if applicable; and
89	89	(3) each subsidiary or affiliate of the vendor, if
90	90	applicable.
91	91	(b) This section applies only to equipment acquired on or
92	92	after September 1, 2021.
93	93	SECTION 1.04. Section 124.002, Election Code, is amended by
94	94	adding Subsections (c) and (d) to read as follows:
95	95	(c) does not allow ballots to be arranged in a manner that
96	96	allows a political party's candidates to be selected in one motion
97	97	or gesture.
98	98	(d) A person who arranges a ballot in a manner that violates
99	99	Subsection (c) commits an offense. An offense under this section is
100	100	a state jail felony.
101	101	SECTION 1.05. Subchapter A, Chapter 125, Election Code, is
102	102	amended by adding Section 125.0071 to read as follows:
103	103	Section 125.0071. VOTER ALLOWED TO CAST BALLOT AT ANY TIME.
104	104	A voting machine or ballot marking device must allow a voter the
105	105	option to cast or complete the voter's ballot prior to voting on all
106	106	races or measures if the voter affirmatively chooses to do so.