87R11754 MLH-F
By: Parker H.B. No. 3698
A BILL TO BE ENTITLED
AN ACT
relating to voting system ballots.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 124.062, Election Code, is amended by
adding Subsection (d) to read as follows:
(d) Each electronic system ballot must contain a serial
number that must be printed before insertion in a ballot marking
device, if any. The secretary of state may not waive this
requirement.
SECTION 2. Subchapter C, Chapter 124, Election Code, is
amended by adding Section 124.067 to read as follows:
Sec. 124.067. APPROVAL OF BALLOT PRINTERS FOR ELECTRONIC
VOTING SYSTEM BALLOTS. (a) The secretary of state shall approve
printers of paper ballots for use with specific electronic voting
systems.
(b) In addition to the requirements of Section 51.013, each
person who prints ballots for use with electronic voting systems
shall submit satisfactory evidence to the secretary of state that
ballots printed by them are accurately read and tabulated by all
electronic voting systems for which approval is sought under
Subsection (a).
(c) The secretary of state may revoke approval for a printer
of paper ballots for use with a specific electronic voting system on
sufficient evidence of that printer's inability to produce paper
ballots that are consistently read accurately by the specific
electronic voting system.
(d) An authority responsible for procuring election
supplies may not use a printer and electronic voting system
combination that is not approved by the secretary of state.
(e) The attorney general may obtain injunctive relief to
enforce this section.
SECTION 3. Section 125.004, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) After installation of the voting system equipment at the
polling place, a report shall be run on each voting machine to
demonstrate that no votes are recorded on the equipment. The
secretary of state may not waive this requirement after September
1, 2022.
SECTION 4. Subchapter C, Chapter 125, Election Code, is
amended by adding Section 125.0621 to read as follows:
Sec. 125.0621. LOGS OF ISSUED AND SPOILED BALLOTS. If an
electronic voting system uses paper media for recording votes cast,
the election officer shall maintain a record of the serial numbers
of all ballots issued at that polling place and the serial numbers
of any spoiled ballots, if any.
SECTION 5. Section 125.063, Election Code, is amended to
read as follows:
Sec. 125.063. SECURING EQUIPMENT ON CLOSE OF VOTING. (a)
On the close of voting at each polling place at which electronic
voting system equipment is used, an election officer shall secure
or inactivate the equipment as prescribed by the secretary of state
so that its unauthorized operation is prevented.
(b) An election officer must generate a paper record of the
number of votes cast for each candidate or measure when using
electronic voting system equipment that does not generate a
voter-verified paper ballot record, except during early voting.
The secretary of state may not waive this requirement after
September 1, 2022.
SECTION 6. This Act takes effect September 1, 2021.