Texas 2025 - 89th Regular

Texas House Bill HB1002 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Toth H.B. No. 1002
2	2
3	3
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the disposition of certain election records.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 65.013(b), Election Code, is amended to
11	11	read as follows:
12	12	(b) The register must state:
13	13	(1) the total number of ballots received for
14	14	conducting voting at the polling place;
15	15	(2) the number of defectively printed ballots
16	16	received;
17	17	(3) the number of ballots provided to voters as
18	18	indicated by the number of voters on the poll list;
19	19	(4) the number of spoiled ballots returned by voters;
20	20	[and]
21	21	(5) the number of unused ballots that are not
22	22	accounted for as defectively printed ballots;
23	23	(6) the range of serial numbers of the ballots
24	24	received for conducting voting at the polling place;
25	25	(7) the range of serial numbers of the ballots
26	26	provided to voters; and
27	27	(8) the serial numbers of the spoiled ballots.
28	28	SECTION 2. Section 65.055(b), Election Code, is amended to
29	29	read as follows:
30	30	(b) The board shall place the ballot in a separate envelope
31	31	for provisional ballots in the [a] ballot box containing all the
32	32	provisional ballots accepted for voting in the same precinct [the
33	33	election].
34	34	SECTION 3. Sections 65.056(b) and (d), Election Code, are
35	35	amended to read as follows:
36	36	(b) The early voting ballot board shall place the envelopes
37	37	containing rejected provisional ballots in envelopes segregated
38	38	and marked by precinct [an envelope] and shall seal each [the]
39	39	envelope. More than one envelope for each precinct may be used if
40	40	necessary.
41	41	(d) A board member shall deliver the envelopes [envelope]
42	42	containing the rejected provisional ballots to the general
43	43	custodian of election records to be preserved for the period for
44	44	preserving the precinct election records. The envelopes [envelope]
45	45	may not be placed in the box containing the accepted provisional
46	46	ballots or any other election records.
47	47	SECTION 4. Section 66.002, Election Code, is amended to
48	48	read as follows:
49	49	Sec. 66.002. PRECINCT ELECTION RECORDS. In this chapter,
50	50	"precinct election records" means the precinct election returns,
51	51	voted ballots, and other records of an election that are assembled
52	52	and distributed under this chapter, and includes election data, as
53	53	defined by Section 279.001, associated with the precinct.
54	54	SECTION 5. Section 66.0021(b), Election Code, is amended to
55	55	read as follows:
56	56	(b) The general custodian of election records for a primary
57	57	election or the general election for state and county officers
58	58	shall maintain a list that states the total number of votes cast in
59	59	each precinct by personal appearance during the [on] election
60	60	period [day] that is available for public inspection not later than
61	61	the day after election day.
62	62	SECTION 6. Section 66.058, Election Code, is amended by
63	63	amending Subsections (a), (b), (b-1), (c), and (g), and adding
64	64	Subsections (b-2) and (g-1) to read as follows:
65	65	(a) Except as otherwise provided by this code, the precinct
66	66	election records shall be preserved by the authority to whom they
67	67	are distributed for at least 36 [22] months after election day.
68	68	(b) For a period of at least 60 days after the date of the
69	69	election, the voted ballots shall be preserved securely in a locked
70	70	room in the locked ballot box in which they are delivered to the
71	71	general custodian of election records. On the 61st day after
72	72	election day, the general custodian of election records shall
73	73	[may]:
74	74	(1) require a person who has possession of a key that
75	75	operates the lock on a ballot box containing voted ballots to return
76	76	the key to the custodian; [and]
77	77	(2) unlock the ballot box and transfer the voted
78	78	ballots to another secure container, segregated and marked by
79	79	precinct, for the remainder of the preservation period; and
80	80	(3) create and maintain an index of voted ballots and
81	81	ballot numbers assigned to each precinct, categorized by precinct
82	82	location and polling place location, and make the index available
83	83	to the public on the county election Internet website, if the county
84	84	maintains a website.
85	85	(b-1) Except as permitted by this code, a ballot box or
86	86	other secure container containing voted ballots may not be opened
87	87	during the first 60 days of the preservation period.
88	88	(b-2) A secure container that ballots or other precinct
89	89	election records are transferred to under this section must be
90	90	sealed with a uniquely numbered seal, and the number shall be logged
91	91	to ensure chain of custody during the preservation period.
92	92	(c) If during the preservation period an authorized entry is
93	93	made into a ballot box or other secure container containing voted
94	94	ballots, when the purpose for the entry is fulfilled, the box or
95	95	container shall be relocked or resecured and resealed with a
96	96	uniquely numbered, logged seal, and the box and key or secure
97	97	container returned to the custodian.
98	98	(g) Electronic records created under any other provision of
99	99	this code [Chapter 129] shall be preserved in a secure container,
100	100	segregated and marked by precinct.
101	101	(g-1) If ballots are imaged during the election process, the
102	102	general custodian of election records shall post the ballot images,
103	103	including the serial number assigned to the ballot and indexed by
104	104	precinct, on the county's Internet website or the secretary of
105	105	state's Internet website not later than five days after the
106	106	election.
107	107	SECTION 7. Section 66.059(c), Election Code, is amended to
108	108	read as follows:
109	109	(c) Any interested person may observe the opening of the
110	110	box, and the opening of the box must be witnessed by two witnesses
111	111	who shall sign a sworn statement that confirms that the erroneously
112	112	placed election record was removed and where it was placed. The
113	113	sworn statement shall be preserved with the other precinct election
114	114	records.
115	115	SECTION 8. Section 66.060(c), Election Code, is amended to
116	116	read as follows:
117	117	(c) The custodian of the key to ballot box no. 3 shall keep
118	118	the key in a secure, locked place for the period for preserving the
119	119	precinct election records except for the time the key is
120	120	temporarily out of the custodian's custody in accordance with this
121	121	code.
122	122	SECTION 9. Section 66.025(b), Election Code, is repealed.
123	123	SECTION 10. This Act takes effect September 1, 2025.