87R16019 MLH-F
By: Swanson H.B. No. 4459
Substitute the following for H.B. No. 4459:
By: Swanson C.S.H.B. No. 4459
A BILL TO BE ENTITLED
AN ACT
relating to voting system equipment; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.014, Election Code, is amended to
read as follows:
Sec. 31.014. CERTIFICATION OF ELECTRONIC DEVICES TO ACCEPT
VOTERS. (a) The secretary of state shall prescribe specific
requirements and standards, consistent with this code, for the
certification of an electronic device used to accept voters under
Chapter 63 that require the device to:
(1) produce an electronic copy of the list of voters
who were accepted to vote for delivery to the election judge after
the polls close;
(2) display the voter's original signature in
accordance with Section 63.002;
(3) accept a voter for voting even when the device is
off-line;
(4) provide the full list of voters registered in the
county with an indication of the jurisdictional or distinguishing
number for each territorial unit in which each voter resides;
(5) time-stamp when each voter is accepted at a
polling place, including the voter's unique identifier;
(6) if the county participates in the countywide
polling place program under Section 43.007 or has more than one
early voting polling place, transmit a time stamp when each voter is
accepted, including the voter's unique identifier, to all polling
place locations;
(7) time-stamp the receipt of a transmission under
Subdivision (6); [and]
(8) perform a self-assessment on starting up to ensure
functionality and connectivity;
(9) maintain a secure wireless connection that does
not transmit or store data on any device or medium located outside
the state; and
(10) produce in an electronic format capable of
updating in real time and compatible with the statewide voter
registration list under Section 18.061 data for retention and
transfer that includes:
(A) the polling location in which the device was
used;
(B) the dated time stamp under Subdivision (5);
and
(C) the dated time stamp under Subdivision (7).
(b) A device described by this section must be certified
annually by the secretary of state. The secretary of state may not
certify a device that does not meet each requirement listed in
Subsection (a).
(c) The secretary of state shall adopt rules that:
(1) require a device described by this section used
during the early voting period or under the countywide polling
place program under Section 43.007 to update data in not more than
10 minutes; and
(2) require a county that uses a device described by
this section to use each device function described by Subsection
(a) [real time].
(d) If a county uses a device that does not comply with a
rule adopted under this section or uses a device in a manner that
does not comply with a [the] rule adopted under this section in an
election [two consecutive general elections] for state and county
officers, the secretary of state shall assess a noncompliance fee.
The noncompliance fee shall be set at an amount determined by
secretary of state rule.
SECTION 2. Section 122.032(a), Election Code, is amended to
read as follows:
(a) For a voting system or voting system equipment to be
approved for use in elections, the voting system in which the
equipment is designed to be used must:
(1) comply with the standards prescribed by Subchapter
A; and
(2) beginning September 1, 2021, have all software and
hardware used in the voting system manufactured, stored, and held
in the United States and sold by a company whose:
(A) headquarters are located in the United
States; and
(B) parent company's headquarters, if
applicable, are located in the United States.
SECTION 3. Subchapter B, Chapter 123, Election Code, is
amended by adding Section 123.0311 to read as follows:
Sec. 123.0311. DISCLOSURE OF RELATED ENTITIES. (a) A
contract under Section 123.031 to acquire equipment necessary for
operating a voting system from a vendor must identify each person or
entity that has a five percent or greater ownership interest in:
(1) the vendor;
(2) the vendor's parent company, if applicable; and
(3) each subsidiary or affiliate of the vendor, if
applicable.
(b) This section applies only to equipment acquired on or
after September 1, 2021.
SECTION 4. Section 124.002, Election Code, is amended by
adding Subsections (c) and (d) to read as follows:
(c) Voting system ballots may not be arranged in a manner
that allows a political party's candidates to be selected in one
motion or gesture.
(d) A person who arranges a ballot in a manner that violates
Subsection (c) commits an offense. An offense under this section is
a state jail felony.
SECTION 5. Subchapter A, Chapter 125, Election Code, is
amended by adding Section 125.0071 to read as follows:
Sec. 125.0071. VOTER ALLOWED TO CAST BALLOT AT ANY TIME. A
voting machine or ballot marking device must allow a voter the
option to cast or complete the voter's ballot prior to voting on all
races or measures if the voter affirmatively chooses to do so.
SECTION 6. 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.