| 1 | 1 | | 88R5845 MPF-D |
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| 2 | 2 | | By: Toth H.B. No. 4547 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the use of paper ballots and certain electronic devices |
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| 8 | 8 | | in conducting an election. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 63.002(d), Election Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (d) A [The] signature roster [may be] in the form of an |
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| 13 | 13 | | electronic device may not be used in an election [approved by the |
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| 14 | 14 | | secretary of state that is capable of capturing a voter's signature |
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| 15 | 15 | | next to the voter's name on the device. The secretary of state shall |
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| 16 | 16 | | adopt rules governing the processing of electronic signatures |
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| 17 | 17 | | captured under this subsection]. |
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| 18 | 18 | | SECTION 2. Section 63.003(d), Election Code, is amended to |
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| 19 | 19 | | read as follows: |
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| 20 | 20 | | (d) A [The] poll list [may be] in the form of an electronic |
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| 21 | 21 | | device may not be used in an election [approved by the secretary of |
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| 22 | 22 | | state. The secretary of state shall adopt rules governing the use |
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| 23 | 23 | | of electronic poll lists]. |
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| 24 | 24 | | SECTION 3. Section 63.004(e), Election Code, is amended to |
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| 25 | 25 | | read as follows: |
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| 26 | 26 | | (e) A combination form [may be] in the form of an electronic |
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| 27 | 27 | | device may not be used in an election [approved by the secretary of |
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| 28 | 28 | | state. The secretary of state shall adopt rules governing the |
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| 29 | 29 | | minimum requirements and approval of an electronic device used for |
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| 30 | 30 | | any form used in connection with the acceptance of voters at a |
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| 31 | 31 | | polling place]. |
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| 32 | 32 | | SECTION 4. Subchapter A, Chapter 125, Election Code, is |
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| 33 | 33 | | amended by adding Section 125.0071 to read as follows: |
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| 34 | 34 | | Sec. 125.0071. PROVISION OF PAPER BALLOT. An election |
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| 35 | 35 | | officer at a polling place where an electronic voting system is used |
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| 36 | 36 | | must provide a paper ballot to each voter who requests one. A paper |
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| 37 | 37 | | ballot provided under this section must be printed at the time the |
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| 38 | 38 | | request is made and, after being voted by the voter, must be scanned |
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| 39 | 39 | | at the polling place with an optical scanner. |
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| 40 | 40 | | SECTION 5. Subchapter A, Chapter 125, Election Code, is |
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| 41 | 41 | | amended by adding Section 125.011 to read as follows: |
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| 42 | 42 | | Sec. 125.011. USE OF BALLOT MARKING DEVICE. A voting system |
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| 43 | 43 | | that consists of a ballot marking device may not be used in an |
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| 44 | 44 | | election. |
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| 45 | 45 | | SECTION 6. Section 31.014, Election Code, is repealed. |
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| 46 | 46 | | SECTION 7. The changes in law made by this Act apply only to |
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| 47 | 47 | | an election held on or after the effective date of this Act. An |
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| 48 | 48 | | election held before the effective date of this Act is governed by |
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| 49 | 49 | | the law in effect when the election was held, and that law is |
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| 50 | 50 | | continued in effect for that purpose. |
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| 51 | 51 | | SECTION 8. This Act takes effect September 1, 2023. |
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