By: DeAyala H.B. No. 4697
A BILL TO BE ENTITLED
AN ACT
relating to the audit of an election in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 127.201, Election Code, is amended as
follows:
Sec. 127.201. PARTIAL COUNT OF ELECTRONIC VOTING SYSTEM
BALLOTS BY GENERAL CUSTODIAN. (a) To ensure the accuracy of the
tabulation of electronic voting system results, the general
custodian of election records shall conduct a manual count of all
the races in at least one percent of the election precincts or in
three precincts, whichever is greater, in which the electronic
voting system was used. In precinct-based election systems, the
The custodian shall select the precincts at random and shall begin
the count not later than 72 hours after the polls close. The count
shall be completed not later than the 21st day after election day.
Subsection (b)(c) supersedes this subsection to the extent of a
conflict.
(b) Counties participating in the Countywide Polling Place
program under Sec. 43.007 may conduct the manual count on one
percent of the county's polling locations for both Early Voting
in-person and Election Day in-person.
(c)(b)In a general election for state and county officers,
primary election, or election on a proposed amendment to the state
constitution or other statewide measure submitted by the
legislature, the secretary of state shall select, in accordance
with rules adopted by the secretary, the precincts or countywide
polling locations to be counted under Subsection (a). The
secretary shall designate not more than three offices and not more
than three propositions to be counted in the selected precincts.
The secretary shall notify the general custodian of election
records of the precincts, offices, and propositions selected under
this subsection not earlier than the day after election day.
(d) (c) On selection or notification, as applicable, of the
precincts or countywide polling locations to be counted, the
general custodian of election records shall post in the custodian's
office a notice of the date, hour, and place of the count.
(e) (d) Each candidate in the election is entitled to be
present at the count and is entitled to have a representative
present. A representative must deliver a certificate of
appointment to the general custodian at the time the representative
reports for service. The certificate must be in writing and must
include:
(1) the printed name and signature of the
representative;
(2) the election subject to the count; and
(3) the printed name and signature of the candidate
making the appointment.
(f)(e) Not later than the third day after the date the count
is completed, the general custodian of election records shall
deliver a written report of the results of the count to the
secretary of state.
(g) (f) The secretary of state at any time may waive or
reinstate the requirements of this section for a particular
political subdivision.
(h) (g) This section does not apply to the tabulation of
electronic voting system results for a voting system that uses
direct recording electronic voting machines.
SECTION 2. This Act takes effect September 1, 2023.