89R10871 JDK-F
By: DeAyala H.B. No. 3709
A BILL TO BE ENTITLED
AN ACT
relating to the partial count of electronic voting system ballots.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 127.201, Election Code, is amended by
amending Subsections (a), (b), and (c) and adding Subsection (a-1)
to read as follows:
(a) To ensure the accuracy of the tabulation of electronic
voting system results, the general custodian of election records
shall conduct a manual count of all the races in:
(1) at least one percent of the election precincts or
in three precincts, whichever is greater, in which the electronic
voting system was used; or
(2) at least one percent of polling places
participating in the countywide polling place program under Section
43.007 or in three countywide polling places, whichever is greater,
in which the electronic voting system was used on election day and
during early voting by personal appearance.
(a-1) The custodian shall select the precincts or
countywide polling places for a manual count under Subsection (a)
at random and shall begin the count not later than 72 hours after
the polls close. The count shall be completed not later than the
21st day after election day. Subsection (b) supersedes this
subsection to the extent of a conflict.
(b) In a general election for state and county officers,
primary election, or election on a proposed amendment to the state
constitution or other statewide measure submitted by the
legislature, the secretary of state shall select, in accordance
with rules adopted by the secretary, the precincts or countywide
polling places to be counted under Subsection (a). The secretary
shall designate not more than three offices and not more than three
propositions to be counted in the selected precincts or countywide
polling places. The secretary shall notify the general custodian
of election records of the precincts or countywide polling places,
offices, and propositions selected under this subsection not
earlier than the day after election day.
(c) On selection or notification, as applicable, of the
precincts or countywide polling places to be counted, the general
custodian of election records shall post on the county's Internet
website home page [in the custodian's office] a notice of the date,
hour, and place of the count.
SECTION 2. This Act takes effect September 1, 2025.