| 1 | 1 | | 88R8139 PRL-D |
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| 2 | 2 | | By: Middleton S.B. No. 1995 |
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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 requiring a general custodian of election records to |
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| 8 | 8 | | adopt procedures for public inspection of voted ballots. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter C, Chapter 66, Election Code, is |
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| 11 | 11 | | amended by adding Section 66.0571 to read as follows: |
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| 12 | 12 | | Sec. 66.0571. PROCEDURES FOR PUBLIC INSPECTION OF CERTAIN |
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| 13 | 13 | | ELECTION RECORDS. (a) A general custodian of election records |
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| 14 | 14 | | shall adopt a written policy establishing procedures for providing |
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| 15 | 15 | | access to voted ballots for public inspection. |
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| 16 | 16 | | (b) At a minimum, a policy adopted under this section shall |
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| 17 | 17 | | include: |
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| 18 | 18 | | (1) procedures to ensure the redaction of any |
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| 19 | 19 | | personally identifiable information of the voter contained on a |
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| 20 | 20 | | ballot before making the ballot available for public inspection; |
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| 21 | 21 | | (2) a defined time period for public inspection |
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| 22 | 22 | | consistent with Chapter 552, Government Code; |
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| 23 | 23 | | (3) a log containing the name of any person who |
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| 24 | 24 | | accesses the voted ballots during the defined time period; |
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| 25 | 25 | | (4) general regulations regarding access to the |
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| 26 | 26 | | ballots, including: |
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| 27 | 27 | | (A) requiring at least one member of the general |
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| 28 | 28 | | custodian's staff to be present at all times in the room containing |
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| 29 | 29 | | the voted ballots while public inspection takes place; |
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| 30 | 30 | | (B) prohibiting pens, pencils, and other marking |
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| 31 | 31 | | devices from being brought into the room containing the voted |
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| 32 | 32 | | ballots; |
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| 33 | 33 | | (C) prohibiting food and beverages in the room |
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| 34 | 34 | | containing the voted ballots; |
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| 35 | 35 | | (D) requiring voted ballots to be kept in the |
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| 36 | 36 | | same stacks, containers, or boxes, as applicable, while public |
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| 37 | 37 | | inspection takes place; |
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| 38 | 38 | | (E) prohibiting the removal of voted ballots from |
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| 39 | 39 | | the room in which public inspection takes place; and |
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| 40 | 40 | | (F) permitting the use of imaging devices for the |
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| 41 | 41 | | purpose of taking a photo or making a copy of a voted ballot; |
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| 42 | 42 | | (5) the use of video surveillance, if available, to |
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| 43 | 43 | | monitor all activities in the inspection room during the time that |
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| 44 | 44 | | the voted ballots are made available for public inspection; |
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| 45 | 45 | | (6) the use of other security measures necessary to |
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| 46 | 46 | | ensure no alteration of the ballots is possible; and |
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| 47 | 47 | | (7) procedures to ensure that all other materials |
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| 48 | 48 | | unrelated to the ballot inspection request are removed from the |
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| 49 | 49 | | room in which the public inspection takes place. |
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| 50 | 50 | | (c) If a county maintains an electronic copy of the voted |
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| 51 | 51 | | ballot in addition to the voted paper ballot, a copy of the |
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| 52 | 52 | | electronic voted ballot shall be made available upon request for |
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| 53 | 53 | | public inspection in the same manner as the voted paper ballot. |
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| 54 | 54 | | (d) A county may image or scan voted ballots before they are |
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| 55 | 55 | | made available for public inspection to ensure there is an |
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| 56 | 56 | | electronic record of the voted ballot before public inspection |
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| 57 | 57 | | takes place. |
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| 58 | 58 | | SECTION 2. This Act takes effect September 1, 2023. |
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