| 1 | 1 | | 87S20152 BRG-F |
|---|
| 2 | 2 | | By: Swanson H.B. No. 131 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to availability of cast ballots under the public |
|---|
| 8 | 8 | | information law. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. The purpose of this Act is to instill confidence |
|---|
| 11 | 11 | | in the elections of this state and protect the secrecy of the ballot |
|---|
| 12 | 12 | | by ensuring the public's right to audit the results of the public's |
|---|
| 13 | 13 | | elections by accessing copies of cast ballots that have been |
|---|
| 14 | 14 | | anonymized. |
|---|
| 15 | 15 | | SECTION 2. Section 1.012, Election Code, is amended by |
|---|
| 16 | 16 | | adding Subsections (c-1), (c-2), and (c-3) to read as follows: |
|---|
| 17 | 17 | | (c-1) Except as provided by Subsections (c-2) and (c-3) and |
|---|
| 18 | 18 | | notwithstanding any other law, including Section 66.058, a cast |
|---|
| 19 | 19 | | ballot is public information under Chapter 552, Government Code. |
|---|
| 20 | 20 | | (c-2) Any information on a ballot subject to a request for |
|---|
| 21 | 21 | | public information that could be used to identify an individual is |
|---|
| 22 | 22 | | confidential and shall be withheld and redacted from the ballot. |
|---|
| 23 | 23 | | (c-3) If a ballot cast in a precinct containing five or |
|---|
| 24 | 24 | | fewer registered voters on election day is responsive to a request |
|---|
| 25 | 25 | | for public information, the governmental body, as that term is |
|---|
| 26 | 26 | | defined under Section 552.003, Government Code, that produces the |
|---|
| 27 | 27 | | ballot shall take reasonable measures to ensure that production of |
|---|
| 28 | 28 | | the ballot does not have the effect of disclosing the ballot |
|---|
| 29 | 29 | | selections of any voter in that precinct. Reasonable measures to |
|---|
| 30 | 30 | | prevent disclosure of ballot selections under this subsection may |
|---|
| 31 | 31 | | include redacting precinct identifying information, modifying the |
|---|
| 32 | 32 | | request for public information to include portions of ballots from |
|---|
| 33 | 33 | | additional precincts, and aggregating responsive records from |
|---|
| 34 | 34 | | multiple precincts. |
|---|
| 35 | 35 | | SECTION 3. This Act takes effect December 1, 2021. |
|---|