Texas 2023 - 88th Regular

Texas Senate Bill SB2003 Compare Versions

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1	1	88R13145 MPF-F
2	2	By: Hall S.B. No. 2003
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to counting certain voted ballots by hand; creating a
8	8	criminal penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 65, Election Code, is amended by adding
11	11	Subchapter C to read as follows:
12	12	SUBCHAPTER C. COUNTING CERTAIN VOTES BY HAND
13	13	Sec. 65.101. DEFINITION. In this subchapter, "county
14	14	election officer" means the county elections administrator in
15	15	counties having that position, the county tax assessor-collector in
16	16	counties in which the county clerk's election duties and functions
17	17	have been transferred to the tax assessor-collector, and the county
18	18	clerk in other counties.
19	19	Sec. 65.102. PARTIAL HAND COUNT REQUIRED. (a)
20	20	Notwithstanding any other provision of this code, before any report
21	21	is run from any voting machine in a polling place, each presiding
22	22	judge shall conduct by hand a partial count of voted ballots for a
23	23	selected number of races according to the counting procedures set
24	24	forth in this subchapter.
25	25	(b) A county using direct recording electronic voting
26	26	machines under Chapter 129 is exempt from the requirements of this
27	27	subchapter until September 1, 2026.
28	28	Sec. 65.103. COUNTING OFFICERS FOR PARTIAL HAND COUNT. (a)
29	29	At each voting location, the partial count shall be conducted by
30	30	bipartisan counting teams assigned by the presiding judge or the
31	31	county election officer.
32	32	(b) Each counting team must consist of two election
33	33	officers.
34	34	(c) The presiding judge or county election officer shall
35	35	assign a sufficient number of counting teams, based on the
36	36	anticipated turnout in each polling place, to reasonably have the
37	37	selected races or measures tallied, totaled, recorded, and posted
38	38	within one hour after polls close on election day.
39	39	(d) The county election officer shall provide online
40	40	training for counting teams as to counting method, including how to
41	41	conduct the partial count without seeing votes for another race on
42	42	the ballot. The county election officer may also provide in-person
43	43	training for counting teams.
44	44	(e) Counting teams may serve on a volunteer basis or may be
45	45	paid by the authority holding the election for their services.
46	46	Sec. 65.104. TIME AND LOCATION FOR PARTIAL HAND COUNT. (a)
47	47	The presiding judge may direct the counting of ballots to begin any
48	48	time after at least 10 voted ballots are in a ballot box on the last
49	49	day of the early voting period and on election day.
50	50	(b) Ballots may not be moved from the polling place until
51	51	the conclusion of the partial count.
52	52	(c) The counting tables must be in an open area, viewable at
53	53	all times by the presiding judge and alternate presiding judge, and
54	54	may not be draped or have other means of obscuring items under or
55	55	around the tables.
56	56	(d) Counting teams may not have bags or cell phones at or
57	57	near the counting tables.
58	58	(e) Poll watchers may observe all counting activities,
59	59	including removal of ballots from the ballot boxes and placement of
60	60	ballots into ballot box no. 3.
61	61	(f) The counting of ballots shall be conducted continuously
62	62	until all the ballots are counted.
63	63	(g) Ballot boxes must be rotated in accordance with Section
64	64	65.003.
65	65	Sec. 65.105. TALLY LISTS FOR PARTIAL HAND COUNT. (a) Tally
66	66	lists shall be distributed based on the anticipated turnout at each
67	67	polling place.
68	68	(b) Each tally list shall have a designated place for
69	69	counting team number, counting team member name, counting team
70	70	member's lot number, ballot stack number, number of ballots in the
71	71	stack, and serial number of the voting machine.
72	72	Sec. 65.106. DETERMINING RACES AND MEASURES FOR PARTIAL
73	73	HAND COUNT. (a) On the last day of early voting by personal
74	74	appearance and on election day the election officials present at
75	75	each voting location shall, in the presence of one another and any
76	76	poll watchers, randomly select by lot a minimum of one race or
77	77	measure from each of the contested races or measures in a federal,
78	78	state, county, or local election. A presiding judge may elect to
79	79	hand count additional races if time and resources permit.
80	80	(b) The presiding judge, alternate presiding judge, and any
81	81	poll watcher present must ensure that all eligible races are
82	82	included in the races from which the lots are drawn.
83	83	(c) In a presidential election year, the office of president
84	84	shall be counted under this subchapter in addition to those chosen
85	85	by lot.
86	86	Sec. 65.107. PARTIAL HAND COUNT PROCEDURE. (a) At the time
87	87	directed by the presiding judge for counting under Section
88	88	65.104(a), the presiding judge shall deliver all ballots then voted
89	89	to the counting teams.
90	90	(b) The counting teams shall separate the ballots into
91	91	stacks of 100 ballots, plus any additional stack of fewer than 100,
92	92	as applicable, and keep record of the total number of ballots
93	93	delivered each time a delivery is made.
94	94	(c) The stacks of ballots must be distributed as evenly as
95	95	possible among the counting teams.
96	96	(d) The totals for each stack of 100 ballots, and any
97	97	partial stack, as applicable, must be assigned a separate tally
98	98	sheet.
99	99	(e) The presiding judge may deliver additional ballots to
100	100	the counting teams each time more than 10 ballots are deposited in a
101	101	ballot box.
102	102	(f) If a polling location has more than one voting machine,
103	103	ballots associated with each device shall be stacked, counted,
104	104	totaled, and reported separately.
105	105	(g) The members of each counting team shall examine each
106	106	ballot and record on their tally list the votes for each candidate
107	107	or for or against a measure.
108	108	(h) The counting team shall total and compare the tally
109	109	lists on completion of each stack of 100 ballots to determine
110	110	whether discrepancies exist between them. If a discrepancy is
111	111	discovered, the ballots shall be recounted by the same team. If the
112	112	original team is unable to reconcile the discrepancy, the counting
113	113	team shall pass the entire stack of 100 ballots to a different
114	114	counting team for recounting.
115	115	(i) After each team's tally lists are verified to match one
116	116	another, each member of the counting team shall sign all tally lists
117	117	compiled by the counting team. Once signed, the tally lists from
118	118	one member of the counting team shall be attached to the associated
119	119	counted ballots, and the ballots and tally sheets shall be placed
120	120	into ballot box no. 3 in accordance with Section 65.012. The tally
121	121	lists of the other member of the counting team shall be set aside in
122	122	a secure location until the final totals are recorded on completion
123	123	of all counting under this subchapter.
124	124	Sec. 65.108. BREAKS AND REPLACING MEMBER OF PARTIAL HAND
125	125	COUNT COUNTING TEAM. A member of a counting team may not be
126	126	replaced nor take a break until completion of the current stack of
127	127	100 ballots unless the presiding judge or alternate presiding judge
128	128	allows the counting team member to leave in case of an emergency.
129	129	In the event of an emergency, the tally sheets for both team members
130	130	for the current stack of ballots shall be voided and the stack shall
131	131	be secured until the counting member returns or is replaced, at
132	132	which time the stack of ballots shall be counted.
133	133	Sec. 65.109. DETERMINING VOTER INTENT. (a) If a member of
134	134	a counting team is unsure of a voter's intent, taking into
135	135	consideration Sections 65.009 and 65.011, the counting team member
136	136	shall consult their team member to see if an agreement can be
137	137	reached as to the voter's intent. If they are unable to agree on the
138	138	voter's intent, they shall consult with the presiding judge and
139	139	alternate presiding judge. If no consensus on the voter's intent
140	140	can be reached, the vote for the race on the ballot on which no
141	141	consensus can be reached shall not be counted.
142	142	(b) Votes not counted shall be recorded on a voter's intent
143	143	unknown list. The voter's intent unknown list must state why the
144	144	intent could not be determined and must note the race and candidate
145	145	for which the intent could not be determined. The voter's intent
146	146	unknown list shall be kept in a secure place and made available to
147	147	the presiding judge for reconciliation of results after all ballots
148	148	are counted under this subchapter.
149	149	Sec. 65.110. BALLOTS NOT COUNTED FOR PARTIAL HAND COUNT. A
150	150	provisional ballot or a ballot marked by hand may not be counted
151	151	under this subchapter.
152	152	Sec. 65.111. TOTALING FINAL RESULTS OF PARTIAL HAND COUNT.
153	153	(a) On completion of all counting under this subchapter, a counting
154	154	team member from each team shall record the verified tallies on two
155	155	final total sheets to determine the final results of each race or
156	156	measure. The other counting team member shall verify that the
157	157	totals are recorded correctly. Any poll watcher present may also
158	158	verify the correct recording of the totals.
159	159	(b) After all totals have been entered on the final total
160	160	sheets, a counting team shall calculate the final total for each
161	161	race or measure. Each counting team member shall independently
162	162	total the results and then verify the totals match. If the totals
163	163	do not match, they shall each calculate the results again. If there
164	164	is still no match, the two counting team members that calculated the
165	165	final total shall be replaced by a different bipartisan counting
166	166	team to repeat the process. Each counting team member and any poll
167	167	watchers present shall sign the final total sheets on completion
168	168	and verification.
169	169	Sec. 65.112. VERIFYING ACCURACY OF VOTING MACHINES. (a)
170	170	After the partial hand count is completed and verified under
171	171	Section 65.111, the presiding judge shall print the results tape
172	172	from each voting machine, in the presence of the alternate
173	173	presiding judge, the counting teams, and all other present election
174	174	officers and poll watchers.
175	175	(b) The presiding judge, alternate presiding judge, and
176	176	poll watchers shall compare the results tapes to the partial count
177	177	total sheets and determine if the totals from the races or measures
178	178	counted by hand match the results tape.
179	179	Sec. 65.113. ACCURACY VERIFICATION REGISTER FOR PARTIAL
180	180	HAND COUNT. (a) Each presiding judge shall prepare an accuracy
181	181	verification register.
182	182	(b) The accuracy verification register must state:
183	183	(1) the total number of voters accepted to vote at the
184	184	polling place;
185	185	(2) the total number of ballots voted;
186	186	(3) the total number of ballots voted on a voting
187	187	machine at the polling place as indicated by the results tape;
188	188	(4) the total votes for each candidate or for or
189	189	against each measure counted under this subchapter;
190	190	(5) the voted ballot total votes from each voting
191	191	machine for each candidate or for or against each measure randomly
192	192	chosen for the partial count; and
193	193	(6) the number of votes from the voter's intent unknown
194	194	list, aggregated by race.
195	195	(c) The accuracy verification register shall be prepared as
196	196	an original and four copies. On completing the register, the
197	197	presiding judge, the alternate presiding judge, the counting teams,
198	198	and the poll watchers shall sign each one to certify its accuracy.
199	199	(d) Not later than the 10th day after election day, the
200	200	accuracy verification register shall be posted on the Internet
201	201	website of the county in which the election was held.
202	202	(e) The original accuracy verification register shall be
203	203	placed with the precinct election returns. One copy of the accuracy
204	204	verification register shall be placed in ballot box no. 3 with all
205	205	voted and counted ballots, and the presiding judge and alternate
206	206	presiding judge shall each receive a copy.
207	207	Sec. 65.114. POST-PARTIAL HAND COUNT PROCEDURES. (a) If
208	208	the totals from the races or measures counted by hand match the
209	209	voting machine results tape, the presiding judge shall state that
210	210	the totals match on the accuracy verification register and the
211	211	precinct election returns and close the polling place as provided
212	212	under Section 61.002.
213	213	(b) If the totals from the races or measures counted by hand
214	214	do not match the voting machine results tape, the presiding judge
215	215	and alternate presiding judge shall review the voter's intent
216	216	unknown list to determine if any entries on the list are the cause
217	217	of any discrepancy. If the discrepancy is identified, the
218	218	presiding judge shall note the discrepancy on the final precinct
219	219	election returns, and the polling place shall be closed as provided
220	220	under Section 61.002.
221	221	(c) If the partial count does not match the voting machine
222	222	results tape, and votes recorded on the voter's intent unknown list
223	223	are not determined to be the cause of the discrepancy, the presiding
224	224	judge shall post the voting location returns using the hand-counted
225	225	totals where applicable, with the word "PRELIMINARY" printed or
226	226	typed at the top, close the voting location, and prepare the
227	227	precinct election returns, with the word "PRELIMINARY" printed or
228	228	typed at the top.
229	229	(d) If ballots are counted by automatic tabulating
230	230	equipment at a central counting station, the races and measures
231	231	selected for the hand count under this subchapter must be tabulated
232	232	at the central counting station in the presence of the presiding
233	233	judge of the polling place, the presiding judge of the central
234	234	counting station, and any present poll watcher. A report shall be
235	235	printed containing the results of the tabulation, which must be
236	236	dated, time-stamped, and signed by all present election officers.
237	237	(e) If the tabulation at a central counting station does not
238	238	match a race or measure hand-counted under this subchapter, or if
239	239	there is any discrepancy between the electronically tabulated
240	240	results of any race or measure from that polling place and the
241	241	hand-counted results, all ballots from that polling place must be
242	242	hand-counted by bipartisan counting teams in the manner provided by
243	243	this subchapter.
244	244	(f) The result of a hand count under Subsection (e)
245	245	constitutes the official election result.
246	246	(g) After completion of the tabulation, a final precinct
247	247	election return document, with the word "FINAL" printed or typed at
248	248	the top, shall be created by the presiding judge of the central
249	249	counting station to reflect the verified results, and copies of the
250	250	final precinct election returns shall be distributed as required
251	251	under Section 65.113(e).
252	252	Sec. 65.115. INACCURATE VOTING MACHINES. (a) The voting
253	253	machines of any polling place that produce results that do not match
254	254	any count by hand or the tabulation at the central counting station
255	255	shall be segregated and marked for forensic analysis and repair or
256	256	replacement.
257	257	(b) The tabulation equipment at a central counting station
258	258	shall be marked for forensic analysis and repair or replacement if
259	259	the results do not match any count by hand.
260	260	Sec. 65.116. OFFENSE. (a) A counting team member or poll
261	261	watcher observing the partial count commits an offense by
262	262	intentionally or knowingly disclosing any vote totals outside the
263	263	counting process until after the polls are closed.
264	264	(b) An offense under this section is a Class A misdemeanor.
265	265	Sec. 65.117. ACTION BY SECRETARY OF STATE. (a) The
266	266	secretary of state shall conduct a statewide effort to:
267	267	(1) recruit voters to serve as volunteer counting team
268	268	members; and
269	269	(2) educate the public on new processes designed to
270	270	promote accuracy, transparency, and accountability in elections in
271	271	the state.
272	272	(b) The secretary of state may adopt rules for the
273	273	implementation of this subchapter.
274	274	SECTION 2. This Act takes effect September 1, 2023.