| 1 | 1 | | H.B. No. 246 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to establishing a pilot program for recording ballot |
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| 6 | 6 | | counting activity. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Subchapter A, Chapter 65, Election Code, is |
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| 9 | 9 | | amended by adding Section 65.017 to read as follows: |
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| 10 | 10 | | Sec. 65.017. VIDEO RECORDING OF BALLOT COUNTING AND |
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| 11 | 11 | | PROCESSING. (a) Except as provided by Subsection (d), 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: |
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| 14 | 14 | | (1) all areas containing voted ballots in: |
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| 15 | 15 | | (A) each central counting station in the manner |
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| 16 | 16 | | required by Section 127.1232; or |
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| 17 | 17 | | (B) if the county has not established a central |
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| 18 | 18 | | counting station, not less than 20 percent of precincts in the |
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| 19 | 19 | | county; and |
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| 20 | 20 | | (2) ballot counting activity performed by the early |
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| 21 | 21 | | voting ballot board after the polls close on election day, |
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| 22 | 22 | | including the processing of: |
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| 23 | 23 | | (A) early voting ballots voted by mail; |
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| 24 | 24 | | (B) early voting ballots voted by mail that have |
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| 25 | 25 | | had a defect corrected under Section 87.0411; and |
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| 26 | 26 | | (C) provisional ballots. |
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| 27 | 27 | | (b) The secretary of state shall select six counties to take |
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| 28 | 28 | | part in the pilot program, including: |
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| 29 | 29 | | (1) two counties with a population of more than |
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| 30 | 30 | | 100,000 and not more than 500,000; |
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| 31 | 31 | | (2) two counties with a population of not less than |
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| 32 | 32 | | 50,000 and not more than 100,000; and |
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| 33 | 33 | | (3) two counties with a population of not more than |
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| 34 | 34 | | 5,000. |
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| 35 | 35 | | (c) The secretary of state shall adopt procedures to |
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| 36 | 36 | | implement this section, including procedures to determine which |
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| 37 | 37 | | counties may participate in the pilot program under this section. |
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| 38 | 38 | | (d) The procedures adopted under Subsection (c) may not |
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| 39 | 39 | | violate the requirements of Section 61.014. |
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| 40 | 40 | | (e) The secretary of state shall operate the pilot program |
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| 41 | 41 | | established under this section until January 1, 2025. |
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| 42 | 42 | | (f) Not later than January 1, 2025, the secretary of state |
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| 43 | 43 | | shall file a report with the legislature. The report must state: |
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| 44 | 44 | | (1) which counties participated in the pilot program; |
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| 45 | 45 | | (2) the number of precincts and central counting |
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| 46 | 46 | | stations that recorded video; |
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| 47 | 47 | | (3) any best practices for placement and use of the |
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| 48 | 48 | | video recording devices, including: |
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| 49 | 49 | | (A) best angles for visibility; |
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| 50 | 50 | | (B) best distance between device and counting |
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| 51 | 51 | | station; and |
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| 52 | 52 | | (C) best devices for clarity; |
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| 53 | 53 | | (4) the cost and availability of broadband Internet |
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| 54 | 54 | | connectivity required to implement the program; and |
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| 55 | 55 | | (5) any other information and recommendations |
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| 56 | 56 | | considered necessary by the secretary of state. |
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| 57 | 57 | | (g) This section expires January 1, 2025. |
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| 58 | 58 | | SECTION 2. This Act takes effect immediately if it receives |
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| 59 | 59 | | a vote of two-thirds of all the members elected to each house, as |
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| 60 | 60 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 61 | 61 | | Act does not receive the vote necessary for immediate effect, this |
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| 62 | 62 | | Act takes effect September 1, 2023. |
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| 63 | 63 | | ______________________________ ______________________________ |
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| 64 | 64 | | President of the Senate Speaker of the House |
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| 65 | 65 | | I certify that H.B. No. 246 was passed by the House on May 3, |
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| 66 | 66 | | 2023, by the following vote: Yeas 83, Nays 58, 2 present, not |
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| 67 | 67 | | voting. |
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| 68 | 68 | | ______________________________ |
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| 69 | 69 | | Chief Clerk of the House |
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| 70 | 70 | | I certify that H.B. No. 246 was passed by the Senate on May |
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| 71 | 71 | | 18, 2023, by the following vote: Yeas 19, Nays 12. |
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| 72 | 72 | | ______________________________ |
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| 73 | 73 | | Secretary of the Senate |
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| 74 | 74 | | APPROVED: _____________________ |
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| 75 | 75 | | Date |
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| 76 | 76 | | _____________________ |
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| 77 | 77 | | Governor |
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