88R13148 MLH-D
By: Middleton S.B. No. 1875
A BILL TO BE ENTITLED
AN ACT
relating to the use of electronic devices to accept voters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.014, Election Code, is amended to
read as follows:
Sec. 31.014. CERTIFICATION OF ELECTRONIC DEVICES TO ACCEPT
VOTERS. (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 capable of
updating in real time and 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).
(b) A device described by this section must be certified
annually by the secretary of state. The secretary of state may not
certify a device that does not meet each requirement listed in
Subsection (a).
(c) The secretary of state shall adopt rules that:
(1) 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 not less than
every 10 minutes; and
(2) require a county that uses a device described by
this section to use each device function described by Subsection
(a) [in real time].
(d) If a county uses a device that does not comply with a
[the] rule adopted under this section 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. This Act applies only to an election ordered on
or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2023.