Texas 2021 - 87th 1st C.S.

Texas House Bill HB286 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87S10372 ADM-F
2	2	By: Jetton H.B. No. 286
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to improvements to election integrity, including through a
8	8	partial count of auditable voting system ballots; creating a
9	9	criminal offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 121.003, Election Code, is amended by
12	12	adding Subdivision (14) to read as follows:
13	13	(14) "Auditable voting system" means a voting system
14	14	that:
15	15	(A) uses, creates, or displays a paper record
16	16	that may be read by the voter and that is deposited by the voter into
17	17	a secure ballot box; and
18	18	(B) is not capable of being connected to the
19	19	Internet or any other computer network or electronic device.
20	20	SECTION 2. Subchapter H, Chapter 127, Election Code, is
21	21	amended by adding Section 127.2015 to read as follows:
22	22	Sec. 127.2015. PARTIAL COUNT OF AUDITABLE VOTING SYSTEM
23	23	BALLOTS BY GENERAL CUSTODIAN. (a) In this section, "ballot box"
24	24	means all ballot boxes used for the deposit of voters' marked
25	25	ballots at a polling place or early voting polling place, whether
26	26	one or multiple physical ballot boxes were used.
27	27	(b) Notwithstanding Section 127.201, not later than 24
28	28	hours after all ballots have been counted in an election, the
29	29	general custodian of election records in each county shall conduct
30	30	by hand a partial count of ballots cast for a selected number of
31	31	ballot boxes. Each ballot box selected must be from a polling place
32	32	in which an auditable voting system was used, and the number of
33	33	ballot boxes selected for the partial count shall be the greater of:
34	34	(1) two; or
35	35	(2) 10 percent of the number of ballot boxes used in
36	36	the election, rounded up to the nearest even number.
37	37	(c) Not later than 18 hours after the completion of the
38	38	initial counting or tabulation of election results and with not
39	39	less than six hours' notice given to each participant, the general
40	40	custodian of election records shall conduct a telephone conference
41	41	call with the following persons:
42	42	(1) the general custodian;
43	43	(2) the county chair of the political party who
44	44	received the most votes in the county in the most recently preceding
45	45	gubernatorial election, or the chair's designee;
46	46	(3) the county chair of the political party who
47	47	received the second most votes in the county in the most recently
48	48	preceding gubernatorial election, or the chair's designee;
49	49	(4) up to three additional persons selected by each
50	50	person participating under Subdivisions (2) and (3); and
51	51	(5) if a person described by Subdivision (2) or (3)
52	52	does not attend, a person appointed by the state chair of the
53	53	person's party to replace that person and up to three additional
54	54	persons appointed by the state chair to replace the persons
55	55	described by Subdivision (4).
56	56	(d) During the conference call under Subsection (c), the
57	57	general custodian of election records shall allow each party chair
58	58	or party chair's representative to select ballot boxes to be
59	59	subject to a partial count conducted under this section. The chairs
60	60	shall alternate selections, beginning with the chair of the party
61	61	that received the most votes in the county in the most recently
62	62	preceding gubernatorial election, until the number of ballot boxes
63	63	selected for the partial count has satisfied the requirement of
64	64	Subsection (b).
65	65	(e) If a party leader or representative fails to attend the
66	66	conference call as required under Subsection (c), the secretary of
67	67	state shall select ballot boxes for the partial count at random on
68	68	the party's behalf.
69	69	(f) The general custodian of election records shall
70	70	complete the partial count not later than 24 hours before the time
71	71	for conducting the canvass of the election.
72	72	(g) The general custodian of election records shall post a
73	73	notice of the date, hour, and place of the partial count in the
74	74	custodian's office and on the county's Internet website, if the
75	75	county maintains a website, at least 18 hours before beginning the
76	76	count and shall post the results of the count in the same manner
77	77	immediately after the conclusion of the count. The notice must
78	78	identify the ballot boxes chosen for the count.
79	79	(h) A watcher may be present at all stages of the partial
80	80	count if appointed by a candidate in the election from the moment a
81	81	ballot box is taken from its place of storage until the count is
82	82	completed and all ballot boxes examined in the count are returned to
83	83	the place of storage. A watcher must deliver a certificate of
84	84	appointment to the general custodian of election records at the
85	85	time the watcher reports for service. The certificate must be in
86	86	writing and must include:
87	87	(1) the printed name and signature of the watcher;
88	88	(2) the election subject to the partial count; and
89	89	(3) the printed name and signature of the candidate
90	90	making the appointment.
91	91	(i) The secretary of state may appoint personnel to assist
92	92	with the partial count, including applicable voting system
93	93	technicians or representatives and persons who have assisted with
94	94	the design and implementation of the count.
95	95	(j) If a partial count conducted under this section reveals
96	96	a disparity of more than 20 votes between the initial reported
97	97	outcome of an election at a polling place and the results determined
98	98	by the partial count, notwithstanding any other law, an automatic
99	99	recount under Chapter 216 must be conducted in the county for the
100	100	election in which the disparity is identified. The recount shall be
101	101	a manual recount by hand of paper records in accordance with
102	102	Subchapter A, Chapter 214. All candidates in the election and the
103	103	county chair of any political party in the county must be notified
104	104	by the general custodian of election records.
105	105	(k) The secretary of state may not waive any requirements of
106	106	this section.
107	107	(l) This section applies only to an election held after
108	108	August 31, 2022, in which an auditable voting system is used.
109	109	SECTION 3. Section 127.301, Election Code, as effective
110	110	September 1, 2021, is amended to read as follows:
111	111	Sec. 127.301. APPLICABILITY OF SUBCHAPTER. This subchapter
112	112	applies to an election:
113	113	(1) that occurs after August 31, 2024 [2026];
114	114	(2) that contains a race or measure that is voted on
115	115	statewide; and
116	116	(3) in which an auditable voting system [described by
117	117	Section 129.003(a)] is used.
118	118	SECTION 4. Section 127.305(e), Election Code, as effective
119	119	September 1, 2021, is amended to read as follows:
120	120	(e) This section expires August 31, 2024 [2026].
121	121	SECTION 5. Sections 129.003(e) and (g), Election Code, as
122	122	effective September 1, 2021, are amended to read as follows:
123	123	(e) An authority that purchased a voting system other than
124	124	an auditable voting system after September 1, 2014, and before
125	125	September 1, 2021, may use available federal funding and, if
126	126	federal funding is not available, available state funding to
127	127	convert the purchased voting system into an auditable voting system
128	128	in accordance with the following schedule:
129	129	(1) if the voting system was converted into an
130	130	auditable voting system not later than the election taking place
131	131	November 8, 2022, the authority is eligible to have 100 percent of
132	132	the cost of conversion reimbursed under this section; and
133	133	(2) if the authority is not eligible for a 100 percent
134	134	reimbursement of cost under Subdivision (1) and the voting system
135	135	was converted into an auditable voting system not later than the
136	136	election taking place November 5, 2024 [3, 2026], the authority is
137	137	eligible to have 50 percent of the cost of conversion reimbursed
138	138	under this section.
139	139	(g) Subsections (b), (c), and (d) do not apply to an
140	140	election held before September 1, 2024 [2026].
141	141	SECTION 6. Subchapter A, Chapter 129, Election Code, is
142	142	amended by adding Section 129.004 to read as follows:
143	143	Sec. 129.004. VIDEO SURVEILLANCE OF BALLOT BOXES. (a) In
144	144	this section, "chair" means a county chair of a political party that
145	145	received the greatest or second-greatest number of votes in the
146	146	chair's county at the most recent gubernatorial election.
147	147	(b) A chair may, at the party's expense, authorize the
148	148	installation and maintenance of temporary video surveillance
149	149	equipment:
150	150	(1) at any polling location used in the county for
151	151	early voting by personal appearance or for election day, for the
152	152	sole purpose of recording any activity involving interaction with a
153	153	ballot box; and
154	154	(2) at the central counting station in the county, for
155	155	the sole purpose of recording any activity involving interaction
156	156	with a ballot box.
157	157	(c) The secretary of state shall adopt rules as necessary to
158	158	administer this section. Rules adopted under this subsection must
159	159	require that:
160	160	(1) ballot boxes be protected from tampering at all
161	161	times;
162	162	(2) ballot boxes subject to surveillance under this
163	163	section be kept in surveilled areas except as necessary to
164	164	transport the boxes directly from one location to another in
165	165	accordance with this code;
166	166	(3) watchers be permitted to observe the
167	167	transportation of a ballot box from one location to another;
168	168	(4) video surveillance equipment installed under this
169	169	section be positioned so that the equipment does not record the face
170	170	of a voter or the content of a ballot; and
171	171	(5) persons be prevented from interfering with the
172	172	operation of surveillance equipment installed in accordance with
173	173	this section.
174	174	(d) A person commits an offense if the person intentionally
175	175	or knowingly:
176	176	(1) interferes with the operation of video
177	177	surveillance equipment installed under this section; or
178	178	(2) prevents a watcher from observing activity the
179	179	watcher is entitled to observe under this section.
180	180	(e) An offense under Subsection (d) is a felony of the third
181	181	degree.
182	182	(f) The secretary of state may not waive any requirements of
183	183	this section.
184	184	(g) This section applies only to an election held after
185	185	August 31, 2022, and in which an auditable voting system is used.
186	186	SECTION 7. Sections 129.054(a) and (b), Election Code, as
187	187	effective September 1, 2021, are amended to read as follows:
188	188	(a) A voting system may not be connected to any external
189	189	communications network, including the Internet. Beginning
190	190	September 1, 2024 [2026], a voting system may not be capable of
191	191	being connected to any external or internal communications network,
192	192	including the Internet.
193	193	(b) A voting system may not have the capability of
194	194	permitting wireless communication unless the system uses
195	195	line-of-sight infrared technology that shields the transmitter and
196	196	receiver from external infrared transmissions and the system can
197	197	only accept transmissions generated by the system. Beginning
198	198	September 1, 2024 [2026], a voting system may not have the
199	199	capability of permitting wireless communication.
200	200	SECTION 8. Section 129.003(a), Election Code, as effective
201	201	September 1, 2021, is repealed.
202	202	SECTION 9. This Act takes effect on the 91st day after the
203	203	last day of the legislative session.