By: Toth H.B. No. 1002
A BILL TO BE ENTITLED
AN ACT
relating to the disposition of certain election records.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 65.013(b), Election Code, is amended to
read as follows:
(b) The register must state:
(1) the total number of ballots received for
conducting voting at the polling place;
(2) the number of defectively printed ballots
received;
(3) the number of ballots provided to voters as
indicated by the number of voters on the poll list;
(4) the number of spoiled ballots returned by voters;
[and]
(5) the number of unused ballots that are not
accounted for as defectively printed ballots;
(6) the range of serial numbers of the ballots
received for conducting voting at the polling place;
(7) the range of serial numbers of the ballots
provided to voters; and
(8) the serial numbers of the spoiled ballots.
SECTION 2. Section 65.055(b), Election Code, is amended to
read as follows:
(b) The board shall place the ballot in a separate envelope
for provisional ballots in the [a] ballot box containing all the
provisional ballots accepted for voting in the same precinct [the
election].
SECTION 3. Sections 65.056(b) and (d), Election Code, are
amended to read as follows:
(b) The early voting ballot board shall place the envelopes
containing rejected provisional ballots in envelopes segregated
and marked by precinct [an envelope] and shall seal each [the]
envelope. More than one envelope for each precinct may be used if
necessary.
(d) A board member shall deliver the envelopes [envelope]
containing the rejected provisional ballots to the general
custodian of election records to be preserved for the period for
preserving the precinct election records. The envelopes [envelope]
may not be placed in the box containing the accepted provisional
ballots or any other election records.
SECTION 4. Section 66.002, Election Code, is amended to
read as follows:
Sec. 66.002. PRECINCT ELECTION RECORDS. In this chapter,
"precinct election records" means the precinct election returns,
voted ballots, and other records of an election that are assembled
and distributed under this chapter, and includes election data, as
defined by Section 279.001, associated with the precinct.
SECTION 5. Section 66.0021(b), Election Code, is amended to
read as follows:
(b) The general custodian of election records for a primary
election or the general election for state and county officers
shall maintain a list that states the total number of votes cast in
each precinct by personal appearance during the [on] election
period [day] that is available for public inspection not later than
the day after election day.
SECTION 6. Section 66.058, Election Code, is amended by
amending Subsections (a), (b), (b-1), (c), and (g), and adding
Subsections (b-2) and (g-1) to read as follows:
(a) Except as otherwise provided by this code, the precinct
election records shall be preserved by the authority to whom they
are distributed for at least 36 [22] months after election day.
(b) For a period of at least 60 days after the date of the
election, the voted ballots shall be preserved securely in a locked
room in the locked ballot box in which they are delivered to the
general custodian of election records. On the 61st day after
election day, the general custodian of election records shall
[may]:
(1) require a person who has possession of a key that
operates the lock on a ballot box containing voted ballots to return
the key to the custodian; [and]
(2) unlock the ballot box and transfer the voted
ballots to another secure container, segregated and marked by
precinct, for the remainder of the preservation period; and
(3) create and maintain an index of voted ballots and
ballot numbers assigned to each precinct, categorized by precinct
location and polling place location, and make the index available
to the public on the county election Internet website, if the county
maintains a website.
(b-1) Except as permitted by this code, a ballot box or
other secure container containing voted ballots may not be opened
during the first 60 days of the preservation period.
(b-2) A secure container that ballots or other precinct
election records are transferred to under this section must be
sealed with a uniquely numbered seal, and the number shall be logged
to ensure chain of custody during the preservation period.
(c) If during the preservation period an authorized entry is
made into a ballot box or other secure container containing voted
ballots, when the purpose for the entry is fulfilled, the box or
container shall be relocked or resecured and resealed with a
uniquely numbered, logged seal, and the box and key or secure
container returned to the custodian.
(g) Electronic records created under any other provision of
this code [Chapter 129] shall be preserved in a secure container,
segregated and marked by precinct.
(g-1) If ballots are imaged during the election process, the
general custodian of election records shall post the ballot images,
including the serial number assigned to the ballot and indexed by
precinct, on the county's Internet website or the secretary of
state's Internet website not later than five days after the
election.
SECTION 7. Section 66.059(c), Election Code, is amended to
read as follows:
(c) Any interested person may observe the opening of the
box, and the opening of the box must be witnessed by two witnesses
who shall sign a sworn statement that confirms that the erroneously
placed election record was removed and where it was placed. The
sworn statement shall be preserved with the other precinct election
records.
SECTION 8. Section 66.060(c), Election Code, is amended to
read as follows:
(c) The custodian of the key to ballot box no. 3 shall keep
the key in a secure, locked place for the period for preserving the
precinct election records except for the time the key is
temporarily out of the custodian's custody in accordance with this
code.
SECTION 9. Section 66.025(b), Election Code, is repealed.
SECTION 10. This Act takes effect September 1, 2025.