Texas 2021 - 87th Regular

Texas House Bill HB4459 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	87R16019 MLH-F
2	1		By: Swanson H.B. No. 4459
3		-	Substitute the following for H.B. No. 4459:
4		-	By: Swanson C.S.H.B. No. 4459
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to voting system equipment; creating a criminal offense.
10	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11		-	SECTION 1. Section 31.014, Election Code, is amended to
	8	+	SECTION 1. Section 31.014, Election Code, is amended by
	9	+	amending Subsection (a), (b), and (c) and adding Subsection (d) to
12	10		read as follows:
13		-	Sec. 31.014. CERTIFICATION OF ELECTRONIC DEVICES TO ACCEPT
14		-	VOTERS. (a) The secretary of state shall prescribe specific
	11	+	(a) The secretary of state shall prescribe specific
15	12		requirements and standards, consistent with this code, for the
16	13		certification of an electronic device used to accept voters under
17	14		Chapter 63 that require the device to:
18	15		(1) produce an electronic copy of the list of voters
19	16		who were accepted to vote for delivery to the election judge after
20	17		the polls close;
21	18		(2) display the voter's original signature in
22	19		accordance with Section 63.002;
23	20		(3) accept a voter for voting even when the device is
24	21		off-line;
25	22		(4) provide the full list of voters registered in the
26	23		county with an indication of the jurisdictional or distinguishing
27	24		number for each territorial unit in which each voter resides;
28	25		(5) time-stamp when each voter is accepted at a
29	26		polling place, including the voter's unique identifier;
30	27		(6) if the county participates in the countywide
31	28		polling place program under Section 43.007 or has more than one
32	29		early voting polling place, transmit a time stamp when each voter is
33	30		accepted, including the voter's unique identifier, to all polling
34	31		place locations;
35	32		(7) time-stamp the receipt of a transmission under
36	33		Subdivision (6); [and]
37	34		(8) perform a self-assessment on starting up to ensure
38	35		functionality and connectivity;
39	36		(9) maintain a secure wireless connection that does
40	37		not transmit or store data on any device or medium located outside
41	38		the state; and
42	39		(10) produce in an electronic format capable of
43	40		updating in real time and compatible with the statewide voter
44	41		registration list under Section 18.061 data for retention and
45	42		transfer that includes:
46	43		(A) the polling location in which the device was
47	44		used;
48	45		(B) the dated time stamp under Subdivision (5);
49	46		and
50	47		(C) the dated time stamp under Subdivision (7).
51	48		(b) A device described by this section must be certified
52	49		annually by the secretary of state. The secretary of state may not
53	50		certify a device that does not meet each requirement listed in
54	51		Subsection (a).
55	52		(c) The secretary of state shall adopt rules that:
56	53		(1) require a device described by this section used
57	54		during the early voting period or under the countywide polling
58		-	place program under Section 43.007 to update data in ~~not more than~~
59		-	~~10 minutes~~; and
	55	+	place program under Section 43.007 to update data in 10 minutes or
	56	+	less [real time]; and
60	57		(2) require a county that uses a device described by
61	58		this section to use each device function described by Subsection
62		-	(a) ~~[real time]~~.
	59	+	(a).
63	60		(d) If a county uses a device that does not comply with a
64	61		rule adopted under this section or uses a device in a manner that
65		-	does not comply with a [the] rule adopted under this section in an
66		-	~~election~~ [two consecutive general elections] for state and county
67		-	~~officers,~~ the secretary of state shall assess a noncompliance fee.
68		-	~~The~~ noncompliance fee shall be set at an amount determined by
69		-	~~secretary~~ of state rule.
70		-	SECTION 2. Section 122.032(a), Election Code, is amended to
71		-	read as follows:
	62	+	does not comply with a [the] rule adopted under this section in any
	63	+	[two consecutive general] elections for state and county officers,
	64	+	the secretary of state shall assess a noncompliance fee. The
	65	+	noncompliance fee shall be set at an amount determined by secretary
	66	+	of state rule.
	67	+	SECTION 1.02. Section 122.032(a), Election Code, is amended
	68	+	to read as follows:
72	69		(a) For a voting system or voting system equipment to be
73	70		approved for use in elections, the voting system in which the
74	71		equipment is designed to be used must:
75	72		(1) comply with the standards prescribed by Subchapter
76	73		A; and
77	74		(2) beginning September 1, 2021, have all software and
78		-	~~hardware used in~~ the voting system manufactured, stored, and held
79		-	~~in the~~ United States and sold by a company whose:
	75	+	data for the voting system manufactured, stored, and held in the
	76	+	United States and sold by a company whose:
80	77		(A) headquarters are located in the United
81	78		States; and
82	79		(B) parent company's headquarters, if
83	80		applicable, are located in the United States.
84		-	SECTION 3. Subchapter B, Chapter 123, Election Code, is
	81	+	SECTION 1.03. Subchapter B, Chapter 123, Election Code, is
85	82		amended by adding Section 123.0311 to read as follows:
86	83		Sec. 123.0311. DISCLOSURE OF RELATED ENTITIES. (a) A
87	84		contract under Section 123.031 to acquire equipment necessary for
88	85		operating a voting system from a vendor must identify each person or
89	86		entity that has a five percent or greater ownership interest in:
90	87		(1) the vendor;
91	88		(2) the vendor's parent company, if applicable; and
92	89		(3) each subsidiary or affiliate of the vendor, if
93	90		applicable.
94	91		(b) This section applies only to equipment acquired on or
95	92		after September 1, 2021.
96		-	SECTION 4. Section 124.002, Election Code, is amended by
	93	+	SECTION 1.04. Section 124.002, Election Code, is amended by
97	94		adding Subsections (c) and (d) to read as follows:
98		-	(c) ~~Voting system~~ ballots ~~may not~~ be arranged in a manner
99		-	~~that~~ allows a political party's candidates to be selected in one
100		-	~~motion~~ or gesture.
	95	+	(c) does not allow ballots to be arranged in a manner that
	96	+	allows a political party's candidates to be selected in one motion
	97	+	or gesture.
101	98		(d) A person who arranges a ballot in a manner that violates
102	99		Subsection (c) commits an offense. An offense under this section is
103	100		a state jail felony.
104		-	SECTION 5. Subchapter A, Chapter 125, Election Code, is
	101	+	SECTION 1.05. Subchapter A, Chapter 125, Election Code, is
105	102		amended by adding Section 125.0071 to read as follows:
106		-	~~Sec.~~ 125.0071. VOTER ALLOWED TO CAST BALLOT AT ANY TIME. A
107		-	voting machine or ballot marking device must allow a voter the
	103	+	Section 125.0071. VOTER ALLOWED TO CAST BALLOT AT ANY TIME.
	104	+	A voting machine or ballot marking device must allow a voter the
108	105		option to cast or complete the voter's ballot prior to voting on all
109	106		races or measures if the voter affirmatively chooses to do so.
110		-	SECTION 6. This Act takes effect immediately if it receives
111		-	a vote of two-thirds of all ~~the~~ members elected to each house, as
	107	+	SECTION 2. This Act takes effect immediately if it receives
	108	+	a vote of two-thirds of all members elected to each house, as
112	109		provided by Section 39, Article III, Texas Constitution. If this
113		-	Act does not receive the ~~vote~~ necessary for immediate effect, this
	110	+	Act does not receive the votes necessary for immediate effect, this
114	111		Act takes effect September 1, 2021.