89R15115 MPF-D
By: Lowe H.B. No. 5029
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) and (b) and adding Subsections (a-1) and
(a-2) 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 contested races and propositions in
a federal, state, county, and local election on the ballot, as
applicable, [all the races] in at least 10 [one] percent of the
election precincts or in 10 [three] precincts, whichever is
greater, in which the electronic voting system was used. The
custodian shall select at least one contested race or proposition
in a federal, state, county, and local election on the ballot, as
applicable, and the precincts 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.]
(a-1) The general custodian of election records shall, not
later than the 48th hour before the custodian selects the races,
propositions, and precincts under Subsection (a), post in the
custodian's office and on the county's Internet website or, if the
county does not maintain an Internet website, on the bulletin board
used for posting notices of the meetings of the commissioners court
notice of the date, hour, and location of the selection.
(a-2) The selection of races, propositions, and precincts
under Subsection (a) shall be open to the public and streamed with
live video and audio on the county's Internet website, if the county
maintains an Internet website. The general custodian of election
records shall encourage the public to observe or participate in the
selection process.
(b) In addition to the selection by the general custodian of
election records under Subsection (a) [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, at least 10
contested races and 10 propositions on the ballot in a federal or
state election to be manually counted at the precincts selected
under Subsection (a). If there are fewer than 10 contested races or
10 propositions on the ballot, the secretary of state shall select
all of the races or propositions, as applicable [the precincts 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]. The secretary shall notify the
general custodian of election records of the [precincts,]
offices[,] and propositions selected under this subsection not
later [earlier] than 5 p.m. of the day after election day.
SECTION 2. Section 127.201(c), Election Code, is repealed.
SECTION 3. The changes in law made by this Act apply only to
an election ordered on or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2025.