| 1 | 1 | | 89R14956 MPF-F |
|---|
| 2 | 2 | | By: Gerdes H.B. No. 4985 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to the procedures for a public test of logic and accuracy |
|---|
| 10 | 10 | | of a voting system for certain elections. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Section 129.023, Election Code, is amended by |
|---|
| 13 | 13 | | amending Subsection (c) and adding Subsection (c-2) to read as |
|---|
| 14 | 14 | | follows: |
|---|
| 15 | 15 | | (c) The general custodian of election records shall adopt |
|---|
| 16 | 16 | | procedures for testing that: |
|---|
| 17 | 17 | | (1) direct the testing board to cast votes; |
|---|
| 18 | 18 | | (2) verify that each contest position, as well as each |
|---|
| 19 | 19 | | precinct and ballot style, on the ballot can be voted and is |
|---|
| 20 | 20 | | accurately counted; |
|---|
| 21 | 21 | | (3) include overvotes and undervotes for each race, if |
|---|
| 22 | 22 | | applicable to the system being tested; |
|---|
| 23 | 23 | | (4) include write-in votes, when applicable to the |
|---|
| 24 | 24 | | election; |
|---|
| 25 | 25 | | (5) include provisional votes, if applicable to the |
|---|
| 26 | 26 | | system being tested; |
|---|
| 27 | 27 | | (6) calculate the expected results from the test |
|---|
| 28 | 28 | | ballots; |
|---|
| 29 | 29 | | (7) ensure that each voting machine has any public |
|---|
| 30 | 30 | | counter reset to zero and presented to the testing board for |
|---|
| 31 | 31 | | verification before testing; |
|---|
| 32 | 32 | | (8) require that, for each feature of the system that |
|---|
| 33 | 33 | | allows disabled voters to cast a ballot, at least one vote be cast |
|---|
| 34 | 34 | | and verified by a two-person testing board team using that feature; |
|---|
| 35 | 35 | | [and] |
|---|
| 36 | 36 | | (9) require that, when all votes are cast, the general |
|---|
| 37 | 37 | | custodian of election records and the testing board observe the |
|---|
| 38 | 38 | | tabulation of all ballots and compare the actual results to the |
|---|
| 39 | 39 | | expected results; and |
|---|
| 40 | 40 | | (10) verify that, for an election in which a poll list |
|---|
| 41 | 41 | | in the form of an electronic device is used, the precinct and ballot |
|---|
| 42 | 42 | | style associated with each voter on the poll list matches the |
|---|
| 43 | 43 | | precinct and ballot style that will be provided to the voter on a |
|---|
| 44 | 44 | | voting machine. |
|---|
| 45 | 45 | | (c-2) A test conducted under this section for a runoff |
|---|
| 46 | 46 | | primary election must also require the general custodian of |
|---|
| 47 | 47 | | election records to verify that a poll list in the form of an |
|---|
| 48 | 48 | | electronic device has the correct political party affiliation |
|---|
| 49 | 49 | | information for each voter. |
|---|
| 50 | 50 | | SECTION 2. The changes in law made by this Act apply only to |
|---|
| 51 | 51 | | an election ordered on or after the effective date of this Act. |
|---|
| 52 | 52 | | SECTION 3. This Act takes effect September 1, 2025. |
|---|