| 1 | 1 | | By: Swanson H.B. No. 228 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to a pilot program for recording activity at a ballot |
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| 7 | 7 | | counting station. |
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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. Subchapter A, Chapter 65, Election Code, is |
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| 10 | 10 | | amended by adding Section 65.017 to read as follows: |
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| 11 | 11 | | Sec. 65.017. VIDEO RECORDING OF BALLOT COUNTING. (a) The |
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| 12 | 12 | | secretary of state shall establish a pilot program requiring a |
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| 13 | 13 | | county to use a video recording device to record ballot counting |
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| 14 | 14 | | activity in the county. |
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| 15 | 15 | | (b) The secretary of state shall select six counties to take |
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| 16 | 16 | | part in the pilot program, including: |
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| 17 | 17 | | (1) two counties with a population of not less than 500,000; |
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| 18 | 18 | | (2) two counties with a population of not less than 50,000 |
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| 19 | 19 | | and not more than 100,000; and |
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| 20 | 20 | | (3) two counties with a population of not more than 5,000. |
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| 21 | 21 | | (c) The secretary of state shall adopt procedures to |
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| 22 | 22 | | implement this section, including procedures to determine which |
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| 23 | 23 | | counties may participate in the pilot program under this section. |
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| 24 | 24 | | (d) The secretary of state shall operate the pilot program |
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| 25 | 25 | | established under this section until January 31, 2023. |
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| 26 | 26 | | (e) Not later than January 31, 2023, the secretary of state |
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| 27 | 27 | | shall file a report with the legislature. The report must state: |
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| 28 | 28 | | (1) which counties participated in the pilot program; |
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| 29 | 29 | | (2) the number of precincts that recorded video; |
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| 30 | 30 | | (3) any best practices for placement and use of the video |
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| 31 | 31 | | recording devices, including: |
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| 32 | 32 | | (A) best angles for visibility; |
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| 33 | 33 | | (B) best distance between device and counting station; and |
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| 34 | 34 | | (C) best devices for clarity; and |
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| 35 | 35 | | (4) any other information and recommendations considered |
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| 36 | 36 | | necessary by the secretary of state. |
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| 37 | 37 | | (f) This section expires January 31, 2023. |
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| 38 | 38 | | SECTION 2. This Act takes effect immediately if it receives |
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| 39 | 39 | | a vote of two-thirds of all the members elected to each house, as |
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| 40 | 40 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 41 | 41 | | Act does not receive the vote necessary for immediate effect, this |
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| 42 | 42 | | Act takes effect on the 91st day after the last day of the |
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| 43 | 43 | | legislative session. |
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