| 2 | 7 | | |
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| 3 | 8 | | |
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| 4 | 9 | | A BILL TO BE ENTITLED |
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| 5 | 10 | | AN ACT |
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| 6 | 11 | | relating to a requirement that a voting system use a paper record or |
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| 7 | 12 | | produce a paper receipt for verification purposes. |
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| 8 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 14 | | SECTION 1. Subchapter A, Chapter 129, Election Code, is |
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| 10 | 15 | | amended by adding Section 129.003 to read as follows: |
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| 11 | 16 | | Sec. 129.003. PAPER AUDIT TRAIL REQUIRED. (a) In this |
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| 12 | 17 | | section, "auditable voting system" means a voting system that: |
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| 13 | 18 | | (1) uses a paper record; or |
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| 14 | | - | (2) produces a paper record by which a voter can verify |
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| 15 | | - | that the voter's ballot will be counted accurately. |
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| 16 | | - | (b) Except as provided by Subsection (e), a voting system |
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| 17 | | - | that consists of direct recording electronic voting machines may |
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| 18 | | - | not be used in an election unless the system is an auditable voting |
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| 19 | | - | system. |
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| 20 | | - | (c) Except for a recount under Title 13 or an election |
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| 21 | | - | contest under Title 14, the electronic vote is the official record |
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| 22 | | - | of the ballot. For a recount of ballots cast on a system involving |
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| 23 | | - | direct recording electronic voting machines, or in an election |
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| 24 | | - | contest, the paper record is the official record of the vote cast. |
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| 25 | | - | (d) An authority that purchased a voting system other than |
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| 26 | | - | an auditable voting system after September 1, 2016, and before |
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| 27 | | - | September 1, 2021, may use available federal funding and, if |
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| 28 | | - | federal funding is not available, available state funding to |
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| 29 | | - | retrofit the purchased voting system as an auditable voting system |
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| 30 | | - | in accordance with the following schedule: |
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| 31 | | - | (1) if the voting system was retrofitted as an |
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| 32 | | - | auditable voting system not later than the election taking place |
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| 33 | | - | November 8, 2022, the authority is eligible to have 100 percent of |
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| 34 | | - | the cost of retrofitting reimbursed under this section; and |
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| 35 | | - | (2) if the authority is not eligible for a 100 percent |
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| 36 | | - | reimbursement of cost under Subdivision (1) and the voting system |
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| 37 | | - | was retrofitted as an auditable voting system not later than the |
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| 38 | | - | election taking place November 3, 2026, the authority is eligible |
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| 39 | | - | to have 50 percent of the cost of retrofitting reimbursed under this |
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| 40 | | - | section. |
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| 41 | | - | (e) Subsections (a)-(c) do not apply to an election held |
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| 42 | | - | before September 1, 2026. |
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| 19 | + | (2) produces a paper receipt by which a voter can |
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| 20 | + | verify that the voter's ballot will be counted accurately. |
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| 21 | + | (b) Except as otherwise provided by this section, a voting |
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| 22 | + | system used in an election must be an auditable voting system. |
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| 23 | + | (c) Except for a recount under Title 13, the electronic vote |
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| 24 | + | is the official record of the ballot. For a recount of ballots cast |
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| 25 | + | on a system involving direct recording electronic voting machines, |
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| 26 | + | the paper record or receipt copy is the official record of the vote |
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| 27 | + | cast. |
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| 28 | + | (d) A paper record generated by an auditable voting system |
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| 29 | + | may be used only for the purposes described by this section and may |
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| 30 | + | not be retained by the voter. |
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| 31 | + | (e) This section does not apply to an election held before |
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| 32 | + | March 1, 2024. |
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