88R1642 MLH-D
By: Tinderholt H.B. No. 5231
A BILL TO BE ENTITLED
AN ACT
relating to elimination of the countywide polling place program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 31.014(a) and (c), Election Code, are
amended to read as follows:
(a) The secretary of state shall prescribe specific
requirements and standards, consistent with this code, for the
certification of an electronic device used to accept voters under
Chapter 63 that require the device to:
(1) produce an electronic copy of the list of voters
who were accepted to vote for delivery to the election judge after
the polls close;
(2) display the voter's original signature in
accordance with Section 63.002;
(3) accept a voter for voting even when the device is
off-line;
(4) provide the full list of voters registered in the
county with an indication of the jurisdictional or distinguishing
number for each territorial unit in which each voter resides;
(5) time-stamp when each voter is accepted at a
polling place, including the voter's unique identifier;
(6) if the county [participates in the countywide
polling place program under Section 43.007 or] has more than one
early voting polling place, transmit a time stamp when each voter is
accepted, including the voter's unique identifier, to all polling
place locations;
(7) time-stamp the receipt of a transmission under
Subdivision (6); and
(8) produce in an electronic format compatible with
the statewide voter registration list under Section 18.061 data for
retention and transfer that includes:
(A) the polling location in which the device was
used;
(B) the dated time stamp under Subdivision (5);
and
(C) the dated time stamp under Subdivision (7).
(c) The secretary of state shall adopt rules that require a
device described by this section used during the early voting
period [or under the countywide polling place program under Section
43.007] to update data in real time. If a county uses a device that
does not comply with the rule in two consecutive general elections
for state and county officers, the secretary of state shall assess a
noncompliance fee. The noncompliance fee shall be set at an amount
determined by secretary of state rule.
SECTION 2. Section 32.0511(d), Election Code, is amended to
read as follows:
(d) Not more than two student election clerks may serve at a
polling place[, except that not more than four student election
clerks may serve at any countywide polling place].
SECTION 3. The following provisions of the Election Code
are repealed:
(1) Section 32.002(c-1);
(2) Section 43.004(c);
(3) Section 43.007; and
(4) Section 85.062(f-1).
SECTION 4. This Act takes effect September 1, 2023.