Texas 2025 - 89th Regular

Texas Senate Bill SB107 Compare Versions

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

Old	New	Differences
1	1	89R2492 PRL-F
2	2	By: Hall S.B. No. 107
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the disposition of certain election records.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 65.013(b), Election Code, is amended to
12	12	read as follows:
13	13	(b) The register must state:
14	14	(1) the total number of ballots received for
15	15	conducting voting at the polling place;
16	16	(2) the number of defectively printed ballots
17	17	received;
18	18	(3) the number of ballots provided to voters as
19	19	indicated by the number of voters on the poll list;
20	20	(4) the number of spoiled ballots returned by voters;
21	21	[and]
22	22	(5) the number of unused ballots that are not
23	23	accounted for as defectively printed ballots;
24	24	(6) the range of serial numbers of the ballots
25	25	received for conducting voting at the polling place;
26	26	(7) the range of serial numbers of the ballots
27	27	provided to voters; and
28	28	(8) the serial numbers of the spoiled ballots.
29	29	SECTION 2. Section 65.055(b), Election Code, is amended to
30	30	read as follows:
31	31	(b) The board shall place the ballot in a separate envelope
32	32	for provisional ballots in the [a] ballot box containing all the
33	33	provisional ballots accepted for voting in the same precinct [the
34	34	election].
35	35	SECTION 3. Sections 65.056(b) and (d), Election Code, are
36	36	amended to read as follows:
37	37	(b) The early voting ballot board shall place the envelopes
38	38	containing rejected provisional ballots in envelopes segregated
39	39	and marked by precinct [an envelope] and shall seal each [the]
40	40	envelope. More than one envelope for each precinct may be used if
41	41	necessary.
42	42	(d) A board member shall deliver the envelopes [envelope]
43	43	containing the rejected provisional ballots to the general
44	44	custodian of election records to be preserved for the period for
45	45	preserving the precinct election records. The envelopes [envelope]
46	46	may not be placed in the box containing the accepted provisional
47	47	ballots or any other election records.
48	48	SECTION 4. Section 66.002, Election Code, is amended to
49	49	read as follows:
50	50	Sec. 66.002. PRECINCT ELECTION RECORDS. In this chapter,
51	51	"precinct election records" means the precinct election returns,
52	52	voted ballots, and other records of an election that are assembled
53	53	and distributed under this chapter, and includes election data, as
54	54	defined by Section 279.001, associated with the precinct.
55	55	SECTION 5. Section 66.0021(b), Election Code, is amended to
56	56	read as follows:
57	57	(b) The general custodian of election records for a primary
58	58	election or the general election for state and county officers
59	59	shall maintain a list that states the total number of votes cast in
60	60	each precinct by personal appearance during the [on] election
61	61	period [day] that is available for public inspection not later than
62	62	the day after election day.
63	63	SECTION 6. Section 66.058, Election Code, is amended by
64	64	amending Subsections (a), (b), (b-1), (c), and (g) and adding
65	65	Subsections (b-2) and (g-1) to read as follows:
66	66	(a) Except as otherwise provided by this code, the precinct
67	67	election records shall be preserved by the authority to whom they
68	68	are distributed for at least 36 [22] months after election day.
69	69	(b) For a period of at least 60 days after the date of the
70	70	election, the voted ballots shall be preserved securely in a locked
71	71	room in the locked ballot box in which they are delivered to the
72	72	general custodian of election records. On the 61st day after
73	73	election day, the general custodian of election records shall
74	74	[may]:
75	75	(1) require a person who has possession of a key that
76	76	operates the lock on a ballot box containing voted ballots to return
77	77	the key to the custodian; [and]
78	78	(2) unlock the ballot box and transfer the voted
79	79	ballots to another secure container, segregated and marked by
80	80	precinct, for the remainder of the preservation period; and
81	81	(3) create and maintain an index of voted ballots and
82	82	ballot numbers assigned to each precinct, categorized by precinct
83	83	location and polling place location, and make the index available
84	84	to the public on the county election Internet website, if the county
85	85	maintains a website.
86	86	(b-1) Except as permitted by this code, a ballot box or
87	87	other secure container containing voted ballots may not be opened
88	88	during the first 60 days of the preservation period.
89	89	(b-2) A secure container that ballots or other precinct
90	90	election records are transferred to under this section must be
91	91	sealed with a uniquely numbered seal, and the number shall be logged
92	92	to ensure chain of custody during the preservation period.
93	93	(c) If during the preservation period an authorized entry is
94	94	made into a ballot box or other secure container containing voted
95	95	ballots, when the purpose for the entry is fulfilled, the box or
96	96	container shall be relocked or resecured and resealed with a
97	97	uniquely numbered, logged seal, and the box and key or secure
98	98	container returned to the custodian.
99	99	(g) Electronic records created under any other provision of
100	100	this code [Chapter 129] shall be preserved in a secure container,
101	101	segregated and marked by precinct.
102	102	(g-1) If ballots are imaged during the election process, the
103	103	general custodian of election records shall post the ballot images,
104	104	including the serial number assigned to the ballot and indexed by
105	105	precinct, on the county's Internet website or the secretary of
106	106	state's Internet website not later than five days after the
107	107	election.
108	108	SECTION 7. Section 66.059(c), Election Code, is amended to
109	109	read as follows:
110	110	(c) Any interested person may observe the opening of the
111	111	box, and the opening of the box must be witnessed by two witnesses
112	112	who shall sign a sworn statement that confirms that the erroneously
113	113	placed election record was removed and where it was placed. The
114	114	sworn statement shall be preserved with the other precinct election
115	115	records.
116	116	SECTION 8. Section 66.060(c), Election Code, is amended to
117	117	read as follows:
118	118	(c) The custodian of the key to ballot box no. 3 shall keep
119	119	the key in a secure, locked place for the period for preserving the
120	120	precinct election records except for the time the key is
121	121	temporarily out of the custodian's custody in accordance with this
122	122	code.
123	123	SECTION 9. Section 66.025(b), Election Code, is repealed.
124	124	SECTION 10. This Act takes effect September 1, 2025.