88R8139 PRL-D
By: Middleton S.B. No. 1995
A BILL TO BE ENTITLED
AN ACT
relating to requiring a general custodian of election records to
adopt procedures for public inspection of voted ballots.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 66, Election Code, is
amended by adding Section 66.0571 to read as follows:
Sec. 66.0571. PROCEDURES FOR PUBLIC INSPECTION OF CERTAIN
ELECTION RECORDS. (a) A general custodian of election records
shall adopt a written policy establishing procedures for providing
access to voted ballots for public inspection.
(b) At a minimum, a policy adopted under this section shall
include:
(1) procedures to ensure the redaction of any
personally identifiable information of the voter contained on a
ballot before making the ballot available for public inspection;
(2) a defined time period for public inspection
consistent with Chapter 552, Government Code;
(3) a log containing the name of any person who
accesses the voted ballots during the defined time period;
(4) general regulations regarding access to the
ballots, including:
(A) requiring at least one member of the general
custodian's staff to be present at all times in the room containing
the voted ballots while public inspection takes place;
(B) prohibiting pens, pencils, and other marking
devices from being brought into the room containing the voted
ballots;
(C) prohibiting food and beverages in the room
containing the voted ballots;
(D) requiring voted ballots to be kept in the
same stacks, containers, or boxes, as applicable, while public
inspection takes place;
(E) prohibiting the removal of voted ballots from
the room in which public inspection takes place; and
(F) permitting the use of imaging devices for the
purpose of taking a photo or making a copy of a voted ballot;
(5) the use of video surveillance, if available, to
monitor all activities in the inspection room during the time that
the voted ballots are made available for public inspection;
(6) the use of other security measures necessary to
ensure no alteration of the ballots is possible; and
(7) procedures to ensure that all other materials
unrelated to the ballot inspection request are removed from the
room in which the public inspection takes place.
(c) If a county maintains an electronic copy of the voted
ballot in addition to the voted paper ballot, a copy of the
electronic voted ballot shall be made available upon request for
public inspection in the same manner as the voted paper ballot.
(d) A county may image or scan voted ballots before they are
made available for public inspection to ensure there is an
electronic record of the voted ballot before public inspection
takes place.
SECTION 2. This Act takes effect September 1, 2023.