| 1 | 1 | | 87R11754 MLH-F |
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| 2 | 2 | | By: Parker H.B. No. 3698 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to voting system ballots. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 124.062, Election Code, is amended by |
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| 10 | 10 | | adding Subsection (d) to read as follows: |
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| 11 | 11 | | (d) Each electronic system ballot must contain a serial |
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| 12 | 12 | | number that must be printed before insertion in a ballot marking |
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| 13 | 13 | | device, if any. The secretary of state may not waive this |
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| 14 | 14 | | requirement. |
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| 15 | 15 | | SECTION 2. Subchapter C, Chapter 124, Election Code, is |
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| 16 | 16 | | amended by adding Section 124.067 to read as follows: |
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| 17 | 17 | | Sec. 124.067. APPROVAL OF BALLOT PRINTERS FOR ELECTRONIC |
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| 18 | 18 | | VOTING SYSTEM BALLOTS. (a) The secretary of state shall approve |
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| 19 | 19 | | printers of paper ballots for use with specific electronic voting |
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| 20 | 20 | | systems. |
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| 21 | 21 | | (b) In addition to the requirements of Section 51.013, each |
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| 22 | 22 | | person who prints ballots for use with electronic voting systems |
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| 23 | 23 | | shall submit satisfactory evidence to the secretary of state that |
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| 24 | 24 | | ballots printed by them are accurately read and tabulated by all |
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| 25 | 25 | | electronic voting systems for which approval is sought under |
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| 26 | 26 | | Subsection (a). |
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| 27 | 27 | | (c) The secretary of state may revoke approval for a printer |
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| 28 | 28 | | of paper ballots for use with a specific electronic voting system on |
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| 29 | 29 | | sufficient evidence of that printer's inability to produce paper |
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| 30 | 30 | | ballots that are consistently read accurately by the specific |
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| 31 | 31 | | electronic voting system. |
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| 32 | 32 | | (d) An authority responsible for procuring election |
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| 33 | 33 | | supplies may not use a printer and electronic voting system |
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| 34 | 34 | | combination that is not approved by the secretary of state. |
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| 35 | 35 | | (e) The attorney general may obtain injunctive relief to |
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| 36 | 36 | | enforce this section. |
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| 37 | 37 | | SECTION 3. Section 125.004, Election Code, is amended by |
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| 38 | 38 | | adding Subsection (c) to read as follows: |
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| 39 | 39 | | (c) After installation of the voting system equipment at the |
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| 40 | 40 | | polling place, a report shall be run on each voting machine to |
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| 41 | 41 | | demonstrate that no votes are recorded on the equipment. The |
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| 42 | 42 | | secretary of state may not waive this requirement after September |
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| 43 | 43 | | 1, 2022. |
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| 44 | 44 | | SECTION 4. Subchapter C, Chapter 125, Election Code, is |
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| 45 | 45 | | amended by adding Section 125.0621 to read as follows: |
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| 46 | 46 | | Sec. 125.0621. LOGS OF ISSUED AND SPOILED BALLOTS. If an |
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| 47 | 47 | | electronic voting system uses paper media for recording votes cast, |
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| 48 | 48 | | the election officer shall maintain a record of the serial numbers |
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| 49 | 49 | | of all ballots issued at that polling place and the serial numbers |
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| 50 | 50 | | of any spoiled ballots, if any. |
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| 51 | 51 | | SECTION 5. Section 125.063, Election Code, is amended to |
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| 52 | 52 | | read as follows: |
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| 53 | 53 | | Sec. 125.063. SECURING EQUIPMENT ON CLOSE OF VOTING. (a) |
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| 54 | 54 | | On the close of voting at each polling place at which electronic |
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| 55 | 55 | | voting system equipment is used, an election officer shall secure |
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| 56 | 56 | | or inactivate the equipment as prescribed by the secretary of state |
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| 57 | 57 | | so that its unauthorized operation is prevented. |
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| 58 | 58 | | (b) An election officer must generate a paper record of the |
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| 59 | 59 | | number of votes cast for each candidate or measure when using |
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| 60 | 60 | | electronic voting system equipment that does not generate a |
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| 61 | 61 | | voter-verified paper ballot record, except during early voting. |
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| 62 | 62 | | The secretary of state may not waive this requirement after |
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| 63 | 63 | | September 1, 2022. |
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| 64 | 64 | | SECTION 6. This Act takes effect September 1, 2021. |
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