| 1 | 1 | | 88R13148 MLH-D |
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| 2 | 2 | | By: Middleton S.B. No. 1875 |
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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 electronic devices to accept voters. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 31.014, Election Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | Sec. 31.014. CERTIFICATION OF ELECTRONIC DEVICES TO ACCEPT |
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| 12 | 12 | | VOTERS. (a) The secretary of state shall prescribe specific |
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| 13 | 13 | | requirements and standards, consistent with this code, for the |
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| 14 | 14 | | certification of an electronic device used to accept voters under |
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| 15 | 15 | | Chapter 63 that require the device to: |
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| 16 | 16 | | (1) produce an electronic copy of the list of voters |
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| 17 | 17 | | who were accepted to vote for delivery to the election judge after |
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| 18 | 18 | | the polls close; |
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| 19 | 19 | | (2) display the voter's original signature in |
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| 20 | 20 | | accordance with Section 63.002; |
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| 21 | 21 | | (3) accept a voter for voting even when the device is |
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| 22 | 22 | | off-line; |
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| 23 | 23 | | (4) provide the full list of voters registered in the |
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| 24 | 24 | | county with an indication of the jurisdictional or distinguishing |
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| 25 | 25 | | number for each territorial unit in which each voter resides; |
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| 26 | 26 | | (5) time-stamp when each voter is accepted at a |
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| 27 | 27 | | polling place, including the voter's unique identifier; |
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| 28 | 28 | | (6) if the county participates in the countywide |
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| 29 | 29 | | polling place program under Section 43.007 or has more than one |
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| 30 | 30 | | early voting polling place, transmit a time stamp when each voter is |
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| 31 | 31 | | accepted, including the voter's unique identifier, to all polling |
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| 32 | 32 | | place locations; |
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| 33 | 33 | | (7) time-stamp the receipt of a transmission under |
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| 34 | 34 | | Subdivision (6); and |
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| 35 | 35 | | (8) produce in an electronic format capable of |
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| 36 | 36 | | updating in real time and compatible with the statewide voter |
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| 37 | 37 | | registration list under Section 18.061 data for retention and |
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| 38 | 38 | | transfer that includes: |
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| 39 | 39 | | (A) the polling location in which the device was |
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| 40 | 40 | | used; |
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| 41 | 41 | | (B) the dated time stamp under Subdivision (5); |
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| 42 | 42 | | and |
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| 43 | 43 | | (C) the dated time stamp under Subdivision (7). |
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| 44 | 44 | | (b) A device described by this section must be certified |
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| 45 | 45 | | annually by the secretary of state. The secretary of state may not |
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| 46 | 46 | | certify a device that does not meet each requirement listed in |
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| 47 | 47 | | Subsection (a). |
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| 48 | 48 | | (c) The secretary of state shall adopt rules that: |
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| 49 | 49 | | (1) require a device described by this section used |
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| 50 | 50 | | during the early voting period or under the countywide polling |
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| 51 | 51 | | place program under Section 43.007 to update data not less than |
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| 52 | 52 | | every 10 minutes; and |
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| 53 | 53 | | (2) require a county that uses a device described by |
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| 54 | 54 | | this section to use each device function described by Subsection |
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| 55 | 55 | | (a) [in real time]. |
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| 56 | 56 | | (d) If a county uses a device that does not comply with a |
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| 57 | 57 | | [the] rule adopted under this section in two consecutive general |
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| 58 | 58 | | elections for state and county officers, the secretary of state |
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| 59 | 59 | | shall assess a noncompliance fee. The noncompliance fee shall be |
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| 60 | 60 | | set at an amount determined by secretary of state rule. |
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| 61 | 61 | | SECTION 2. This Act applies only to an election ordered on |
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| 62 | 62 | | or after the effective date of this Act. |
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| 63 | 63 | | SECTION 3. This Act takes effect September 1, 2023. |
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