Texas 2023 - 88th Regular

Texas House Bill HB4548 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R12155 PRL-F
2	2	By: Toth H.B. No. 4548
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the disposition of certain election records.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 65.013(b), Election Code, is amended to
10	10	read as follows:
11	11	(b) The register must state:
12	12	(1) the total number of ballots received for
13	13	conducting voting at the polling place;
14	14	(2) the number of defectively printed ballots
15	15	received;
16	16	(3) the number of ballots provided to voters as
17	17	indicated by the number of voters on the poll list;
18	18	(4) the number of spoiled ballots returned by voters;
19	19	[and]
20	20	(5) the number of unused ballots that are not
21	21	accounted for as defectively printed ballots;
22	22	(6) the range of serial numbers of the ballots
23	23	received for conducting voting at the polling place;
24	24	(7) the range of serial numbers of the ballots
25	25	provided to voters; and
26	26	(8) the serial numbers of the spoiled ballots.
27	27	SECTION 2. Section 65.055(b), Election Code, is amended to
28	28	read as follows:
29	29	(b) The board shall place the ballot in a separate envelope
30	30	for provisional ballots in the [a] ballot box containing all the
31	31	provisional ballots accepted for voting in the same precinct [the
32	32	election].
33	33	SECTION 3. Sections 65.056(b) and (d), Election Code, are
34	34	amended to read as follows:
35	35	(b) The early voting ballot board shall place the envelopes
36	36	containing rejected provisional ballots in envelopes segregated
37	37	and marked by precinct [an envelope] and shall seal each [the]
38	38	envelope. More than one envelope for each precinct may be used if
39	39	necessary.
40	40	(d) A board member shall deliver the envelopes [envelope]
41	41	containing the rejected provisional ballots to the general
42	42	custodian of election records to be preserved for the period for
43	43	preserving the precinct election records. The envelopes [envelope]
44	44	may not be placed in the box containing the accepted provisional
45	45	ballots or any other election records.
46	46	SECTION 4. Section 66.002, Election Code, is amended to
47	47	read as follows:
48	48	Sec. 66.002. PRECINCT ELECTION RECORDS. In this chapter,
49	49	"precinct election records" means the precinct election returns,
50	50	voted ballots, and other records of an election that are assembled
51	51	and distributed under this chapter, and includes election data, as
52	52	defined by Section 279.001, associated with the precinct.
53	53	SECTION 5. Section 66.0021(b), Election Code, is amended to
54	54	read as follows:
55	55	(b) The general custodian of election records for a primary
56	56	election or the general election for state and county officers
57	57	shall maintain a list that states the total number of votes cast in
58	58	each precinct by personal appearance during the [on] election
59	59	period [day] that is available for public inspection not later than
60	60	the day after election day.
61	61	SECTION 6. Section 66.058, Election Code, is amended by
62	62	amending Subsections (a), (b), (b-1), (c), and (g), and adding
63	63	Subsections (b-2) and (g-1) to read as follows:
64	64	(a) Except as otherwise provided by this code, the precinct
65	65	election records shall be preserved by the authority to whom they
66	66	are distributed for at least 36 [22] months after election day.
67	67	(b) For a period of at least 60 days after the date of the
68	68	election, the voted ballots shall be preserved securely in a locked
69	69	room in the locked ballot box in which they are delivered to the
70	70	general custodian of election records. On the 61st day after
71	71	election day, the general custodian of election records shall
72	72	[may]:
73	73	(1) require a person who has possession of a key that
74	74	operates the lock on a ballot box containing voted ballots to return
75	75	the key to the custodian; [and]
76	76	(2) unlock the ballot box and transfer the voted
77	77	ballots to another secure container, segregated and marked by
78	78	precinct, for the remainder of the preservation period; and
79	79	(3) create and maintain an index of voted ballots and
80	80	ballot numbers assigned to each precinct, categorized by precinct
81	81	location and polling place location, and make the index available
82	82	to the public on the county election Internet website, if the county
83	83	maintains a website.
84	84	(b-1) Except as permitted by this code, a ballot box or
85	85	other secure container containing voted ballots may not be opened
86	86	during the first 60 days of the preservation period.
87	87	(b-2) A secure container that ballots or other precinct
88	88	election records are transferred to under this section must be
89	89	sealed with a uniquely numbered seal, and the number shall be logged
90	90	to ensure chain of custody during the preservation period.
91	91	(c) If during the preservation period an authorized entry is
92	92	made into a ballot box or other secure container containing voted
93	93	ballots, when the purpose for the entry is fulfilled, the box or
94	94	container shall be relocked or resecured and resealed with a
95	95	uniquely numbered, logged seal, and the box and key or secure
96	96	container returned to the custodian.
97	97	(g) Electronic records created under any other provision of
98	98	this code [Chapter 129] shall be preserved in a secure container,
99	99	segregated and marked by precinct.
100	100	(g-1) If ballots are imaged during the election process, the
101	101	general custodian of election records shall post the ballot images,
102	102	including the serial number assigned to the ballot and indexed by
103	103	precinct, on the county's Internet website or the secretary of
104	104	state's Internet website not later than five days after the
105	105	election.
106	106	SECTION 7. Section 66.059(c), Election Code, is amended to
107	107	read as follows:
108	108	(c) Any interested person may observe the opening of the
109	109	box, and the opening of the box must be witnessed by two witnesses
110	110	who shall sign a sworn statement that confirms that the erroneously
111	111	placed election record was removed and where it was placed. The
112	112	sworn statement shall be preserved with the other precinct election
113	113	records.
114	114	SECTION 8. Section 66.060(c), Election Code, is amended to
115	115	read as follows:
116	116	(c) The custodian of the key to ballot box no. 3 shall keep
117	117	the key in a secure, locked place for the period for preserving the
118	118	precinct election records except for the time the key is
119	119	temporarily out of the custodian's custody in accordance with this
120	120	code.
121	121	SECTION 9. Section 66.025(b), Election Code, is repealed.
122	122	SECTION 10. This Act takes effect September 1, 2023.