Texas 2023 - 88th Regular

Texas Senate Bill SB2464 Compare Versions

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1	1	By: Hall S.B. No. 2464
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to elections.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subchapter A, Chapter 43, Election Code, is
9	9	amended by adding Section 43.008 to read as follows:
10	10	Sec. 43.008. POLLING PLACES DURING ELECTION PERIOD. (a)
11	11	Notwithstanding any other law, the county clerk or commissioners
12	12	court, as applicable, shall determine the number of polling places
13	13	needed during an election period and cause that number of polling
14	14	places to be open during the election period.
15	15	SECTION 2. Section 51.005(a), Election Code, is amended to
16	16	read as follows:
17	17	(a) The authority responsible for procuring the election
18	18	supplies for an election shall provide for each election precinct a
19	19	number of secure paper ballots equal to at least the
20	20	number[percentage] of qualified voters [who voted] in that precinct
21	21	[in the most recent corresponding election] plus 10 [25] percent of
22	22	that number[, except that the number of ballots provided may not
23	23	exceed the total number of registered voters in the precinct].
24	24	SECTION 3. Section 61.002(c), Election Code, is amended to
25	25	read as follows:
26	26	(c) Immediately after closing the polls for voting [on
27	27	election day], the presiding election judge or alternate election
28	28	judge shall print the tape to show the number of votes cast for each
29	29	candidate or ballot measure for each voting machine.
30	30	SECTION 4. Section 62.008(b), Election Code, is amended to
31	31	read as follows:
32	32	(b) The judge shall sign each ballot [or an election
33	33	officer shall stamp a facesmile of the judge's signature on each
34	34	ballot].
35	35	(c) The signing of a ballotsneed not be completed
36	36	before the polls open shall occur for each voter when a voter is
37	37	handed a ballot[,-]. [but a] An unsigned ballot may not be made
38	38	available for selection by the voters.
39	39	SECTION 5. Section 63.002(d), Election Code, is amended to
40	40	read as follows:
41	41	(d) A [The] signature roster [may be] in the form of an
42	42	electronic device may not be used in an election [approved by the
43	43	secretary of state that is capable of capturing a voter's signature
44	44	next to the voter's name on the device. The secretary of state shall
45	45	adopt rules governing the processing of electronic signatures
46	46	captured under this subsection].
47	47	SECTION 6. Section 63.003, Election Code, is amended by
48	48	amending (d) and adding subsection (e) to read as follows:
49	49	(d) A [Thc] poll list [may be] in the form of an electronic
50	50	device may not be used in an election [approved by the secretary of
51	51	state. The secretary of state shall adopt rules governing the use of
52	52	electronic poll list].
53	53	(e) A paper poll list for each precinct shall be printed 30
54	54	days prior to the start of voting by personal appearance. The
55	55	secretary of state shall prescribe special instructions for
56	56	maintaining a secure chain-of-custody of the poll list.
57	57	SECTION 7. Section 63.004(e), Election Code, is amended to
58	58	read as follows:
59	59	(e) A combination form [may be] in the form of an electronic
60	60	device may not be used in an election [approved by the secretary of
61	61	state. The secretary of statc shall adopt rulcs governing the
62	62	minimum requirements and approval of an electronic device used for
63	63	any form used in connection with the acceptance of voters at a
64	64	polling place].
65	65	SECTION 8. Section 64.009, Election Code, is amended by
66	66	amending Subsection (d) and adding Subsection (d-1) to read as
67	67	follows:
68	68	(d) On the voter's request for assistance in marking the
69	69	ballot, two election officers aligned with different political
70	70	parties shall provide assistance in marking the ballot in the
71	71	manner prescribed by Section 64.032 [a person accompanying the
72	72	voter shall be permitted to select the voter's ballot and deposit
73	73	the ballot in the ballot box].
74	74	(d-1) Any non-disabled person accompanying the voter shall
75	75	exit the vehicle and remain outside of the vehicle unless the person
76	76	is selected by the voter under Section 64.032(c).
77	77	SECTION 9. Chapter 65, Election Code, is amended by adding
78	78	Section 65.101 to read as follows:
79	79	Section 65.101. PARTIAL HAND COUNT REQUIRED. (a)
80	80	Notwithstanding any other provision of this code, immediately after
81	81	closing the polls for voting, each presiding precinct judge shall
82	82	conduct by hand a partial count of voted ballots for a selected
83	83	number of races according to the counting procedures set forth in
84	84	this Section.
85	85	(b) The secretary of state shall prescribe a process for
86	86	conducting a partial count that must include a selection of at least
87	87	two ballot races and 10 percent of the precincts in the county.
88	88	(c) The secretary of state shall provide training for
89	89	election officers to carry out this Section.
90	90	SECTION 10. Section 66.052, Election Code, is amended to
91	91	read as follows:
92	92	Sec. 66.052. DELIVERY BY ELECTION CLERK; CHAIN OF CUSTODY.
93	93	(a) A delivery of election records or supplies that is to be
94	94	performed by the presiding judge may be performed by an election
95	95	clerk designated by the presiding judge.
96	96	(b) If the presiding judge of a polling place designates a
97	97	clerk to deliver election supplies, the presiding judge shall
98	98	attest to the designation, and the clerk shall attest to the clerk's
99	99	acceptance of the responsibility. The secretary of state shall
100	100	create and promulgate a form to facilitate compliance with this
101	101	section.
102	102	SECTION 11. Section 66.058(f), Election Code, is amended to
103	103	read as follows:
104	104	(f) Except for unused ballots, the [The] records in ballot
105	105	box no. 4 may be preserved in that box or by any other method chosen
106	106	by the custodian. If the records are removed from the box, they may
107	107	not be commingled with any other election records kept by the
108	108	custodian. Immediately after closing the polls for voting, the
109	109	custodian shall spoil any unused ballots in ballot box no. 4 and
110	110	document the number of spoiled, unused ballots on the
111	111	reconciliation form.
112	112	SECTION 12. Section 67.004(d), Election Code, is amended to
113	113	read as follows:
114	114	(d) The canvassing authority shall [may] compare the
115	115	precinct returns with the corresponding tally list. If a
116	116	discrepancy is discovered between the vote totals shown on the
117	117	returns and those shown on the tally list for a precinct, the
118	118	presiding judge of the precinct shall examine the returns and tally
119	119	list and make the necessary corrections on the returns. The county
120	120	canvassing authority shall verify that the precinct returns are
121	121	accurately and truly reflected in the county returns.
122	122	SECTION 13. Section 67.007(d) is amended to read as
123	123	follows: Not later than 24 hours after completion of the local
124	124	canvass, the county clerk shall deliver to the secretary of state,
125	125	in the manner directed by the secretary, the county returns. The
126	126	secretary of state shall post the preliminary county returns on a
127	127	precinct-by-precinct basis on the secretary of state's Internet
128	128	website. Not later than 24 hours after the secretary of state posts
129	129	the county returns, the county clerk shall verify that the county
130	130	returns are accurately and truly reflected on the secretary of
131	131	state's website.
132	132	SECTION 14. Section 67.013, Election Code, is amended by
133	133	adding Subsection (b-1) to read as follows:
134	134	(b-1) The secretary of state shall compare the county
135	135	returns with the corresponding local election register. If a
136	136	discrepancy is discovered between the vote totals shown on the
137	137	returns and those shown in the register, the secretary of state
138	138	shall examine the returns and register and make the necessary
139	139	corrections on the returns.
140	140	SECTION 15. Subchapter A, Chapter 68, Election Code, is
141	141	amended by adding Section 68.0061 to read as follows:
142	142	Sec. 68.0061. PAPER COPY OF REPORTS. The secretary of state
143	143	shall create and maintain a paper copy of any of the reports
144	144	prepared under this subchapter to be stored with the other election
145	145	records for the preservation period.
146	146	SECTION 16. Section 68.007(b), Election Code, is amended to
147	147	read as follows:
148	148	(b) Not later than 48 hours after receiving the vote totals
149	149	of each county, the [The] secretary of state shall [may] post for
150	150	public inspection on the secretary of state's Internet website any
151	151	of the reports prepared under this subchapter. Where applicable,
152	152	such reports shall be posted on a precinct-by-precinct basis.
153	153	SECTION 17. Section 68.008, Election Code, is amended to
154	154	read as follows:
155	155	Sec. 68.008. BACKUP SYSTEM. The secretary of state shall
156	156	provide a secure backup system for the tabulation of the results
157	157	that satisfies the requirements of the rules adopted by the
158	158	secretary of state under Section 279.002.
159	159	SECTION 18. Section 68.034, Election Code, is amended by
160	160	amending Subsection (a) and adding Subsection (a-1) to read as
161	161	follows:
162	162	(a) The county clerk shall contact [transmit periodically],
163	163	by telephone or other secure electronic means, [to] the secretary
164	164	of state to provide the results for the races being tabulated by the
165	165	secretary. The results shall be transmitted continuously until
166	166	complete.
167	167	(a-1) The precinct totals for each contested race or measure
168	168	shall be posted on the county clerk's Internet website. The
169	169	secretary of state shall adopt rules and implement procedures
170	170	necessary to investigate any discrepancy in the precinct totals
171	171	reported on a county clerk's Internet website and the secretary of
172	172	state's Internet website.
173	173	SECTION 19. Subchapter C, Chapter 68, Election Code, is
174	174	amended by adding Section 68.0551 to read as follows:
175	175	Sec. 68.0551. POSTING OF REPORT. Not later than 48 hours
176	176	after receiving a written report prepared under this subchapter,
177	177	the secretary of state shall post the report on the secretary of
178	178	state's Internet website.
179	179	SECTION 20. Section 125.003, Election Code, is amended to
180	180	read as follows:
181	181	Sec. 125.003. DELIVERY OF EQUIPMENT TO POLLING PLACES. (a)
182	182	The secretary of state shall prescribe procedures governing
183	183	delivery of voting system equipment to polling places to protect
184	184	the equipment from tampering and damage.
185	185	(b) The procedures prescribed by the secretary of state
186	186	under this section may allow voting system equipment to be
187	187	delivered on a day before early voting begins and for additional
188	188	voting system equipment to be delivered after early voting begins.
189	189	The procedures may not allow for voting system equipment or ballot
190	190	bins or boxes to be collected until all voting is completed and the
191	191	results tapes are printed.
192	192	SECTION 21. Subchapter A, Chapter 125, Election Code, is
193	193	amended by adding Section 125.0071 to read as follows:
194	194	Sec. 125.0071. PROVISION OF PAPER BALLOT. A ballot printed
195	195	on secure paper shall be provided to each voter. A paper ballot
196	196	provided under this section, after being voted by the voter, must be
197	197	scanned at the polling place with a non-software-programmable
198	198	optical scanner. The secretary of state shall prescribe
199	199	specifications for a secure ballot and an optical scanner that
200	200	meets the requirements of this section.
201	201	SECTION 22. Subchapter A, Chapter 125, Election Code, is
202	202	amended by adding Section 125.011 to read as follows:
203	203	Sec. 125.011. USE OF BALLOT MARKING DEVICE. A voting system
204	204	that consists of a ballot marking device may not be used in an
205	205	election.
206	206	SECTION 23. Chapter 279, Election Code, is amended by
207	207	adding Section 279.004 to read as follows:
208	208	Sec. 279.004. TRANSMISSION BETWEEN SECRETARY OF STATE AND
209	209	COUNTY ELECTION OFFICERS. (a) In this section, "asymmetric
210	210	cryptography" means a system of cryptography that employs a pair of
211	211	keys, one known to county election officers, the other only known to
212	212	the secretary of state, to encrypt and decrypt the transmission of
213	213	election data.
214	214	(b) Any transmission of election data that occurs between
215	215	the secretary of state and a county election officer must be done
216	216	through:
217	217	(1) a secure virtual private network; or
218	218	(2) a landline link that employs asymmetric
219	219	cryptography.
220	220	SECTION 24. The following provisions of the Election Code
221	221	are repealed:
222	222	(1) Section 31.014;
223	223	(2) Section 43.004 (c);
224	224	(3) Section 43.007;
225	225	(4) Section 63.004 (e);
226	226	(5) Section 63.002 (d);
227	227	(6) Sections 64.009 (f), (f-1), (g), and (h);
228	228	(7) Section 82.003;
229	229	(8) Section 84.0111 (c);
230	230	(9) Sections 85.001 (b) and (e); and
231	231	(10) Section 85.062 (f-1).
232	232	SECTION 25. The changes in law made by this Act apply only
233	233	to an election held on or after the effective date of this Act. An
234	234	election held before the effective date of this Act is governed by
235	235	the law in effect when the election was held, and that law is
236	236	continued in effect for that purpose.
237	237	SECTION 26. This Act takes effect immediately if it
238	238	receives a vote of two-thirds of all the members elected to each
239	239	house, as provided by Section 39, Article III, Texas Constitution.
240	240	If this Act does not receive the vote necessary for immediate
241	241	effect, this Act takes effect September 1, 2023.