By: Parker S.B. No. 2166
A BILL TO BE ENTITLED
AN ACT
relating to testing of voting tabulation equipment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 127.091, 127.092, and 127.093, Election
Code, are amended to read as follows:
Sec. 127.091. TEST OF TABULATING EQUIPMENT REQUIRED. The
automatic tabulating equipment used for counting ballots in an
election [at a central counting station] shall be tested as
provided by this subchapter.
Sec. 127.092. TESTING AUTHORITIES. (a) The general
custodian of election records and the testing board for the public
test of logic and accuracy conducted under Section 129.023 shall
prepare and conduct the first test of automatic tabulating
equipment used at a central counting station and the test of
automatic tabulating equipment used at a polling place.
(b) The programmer, tabulation supervisor, counting station
manager, and presiding judge of the central counting station shall
jointly prepare and conduct subsequent tests of the automatic
tabulating equipment used at the station [the test jointly].
Sec. 127.093. TIMES FOR CONDUCTING TEST. (a) The automatic
tabulating equipment used in a central counting station [test]
shall be tested [conducted three times] for each election as
provided by this subchapter.
(b) The first test of automatic tabulating equipment used in
a central counting station and the test of automatic tabulating
equipment used at a polling place shall be conducted in conjunction
with the public test of logic and accuracy conducted under Section
129.023 [at least 48 hours before the automatic tabulating
equipment is used to count ballots voted in the election].
(c) The automatic tabulating equipment used in a central
counting station [second test] shall be tested [conducted]
immediately before each time the counting of ballots with the
equipment begins.
(d) The automatic tabulating equipment used in a central
counting station [third test] shall be tested [conducted]
immediately after each time the counting of ballots with the
equipment is completed.
SECTION 2. Section 127.094(b), Election Code, is amended to
read as follows:
(b) A group of test ballots shall be counted with the
equipment using the program prepared for processing the ballots
voted in the election. The test ballots must be printed on the same
stock as the official ballots for the election. The test ballots
used for the first test of automatic tabulating equipment used in a
central counting station and the test of automatic tabulating
equipment used at a polling place must be the test ballots generated
during the public test of logic and accuracy conducted under
Section 129.023. The test materials for subsequent tests of the
equipment used in a central counting station must be the electronic
media produced during the testing of automatic tabulating equipment
conducted in conjunction with the public test of logic and
accuracy.
SECTION 3. Section 127.096(a), Election Code, is amended to
read as follows:
(a) The general custodian of election records [the
automatic tabulating equipment] shall conduct the first test of
automatic tabulating equipment used in a central counting station
and the test of automatic tabulating equipment used at a polling
place in conjunction with the test of logic and accuracy conducted
under Section 129.023 and shall provide [publish] notice of the
date, hour, and place of the test in the same manner as required for
the public test of logic and accuracy [conducted under Section
127.093(b) in a newspaper, as provided by general law for official
publications by political subdivisions, at least 48 hours before
the date of the test].
SECTION 4. Section 127.099, Election Code, is amended by
amending Subsections (a) and (c) and adding Subsections (a-1),
(a-2), and (d) to read as follows:
(a) On completing the first [each] test of automatic
tabulating equipment used in a central counting station and the
test of automatic tabulating equipment used at a polling place, the
general custodian of election records [presiding judge] shall place
the test ballots and other test materials in a container provided
for that purpose and seal the container so it cannot be opened
without breaking the seal. The testing board [manager, tabulation
supervisor, presiding judge,] and not more than two watchers, if
one or more watchers are present, shall sign the seal. The watchers
must be of opposing interests if such watchers are present.
(a-1) The general custodian of election records shall
provide the test materials to the presiding judge of the central
counting station before subsequent tests of the automatic
tabulating equipment used at the central counting station are
conducted under Sections 127.093(c) and (d).
(a-2) On completing subsequent tests of the automatic
tabulating equipment used at the central counting station under
Sections 127.093(c) and (d), the presiding judge shall place the
test ballots and other test materials in a container provided for
that purpose and seal the container so it cannot be opened without
breaking the seal. The manager, tabulation supervisor, presiding
judge, and not more than two watchers, if one or more watchers are
present, shall sign the seal. The watchers must be of opposing
interests if such watchers are present.
(c) The container may not be unsealed unless the contents
are necessary to conduct a test under this subchapter, a criminal
investigation, an election contest, a request for public inspection
under Subsection (d), or any other official proceeding under this
code. If the container is unsealed, the authority in charge of the
proceeding shall reseal the contents when not in use.
(d) The test materials may not be made available for public
inspection until the first day after the final canvass of the
election is completed. The sealed container containing the test
materials may be unsealed to allow for public inspection of the
records and shall be resealed after the inspection of those records
is completed.
SECTION 5. Section 127.100(a), Election Code, is amended to
read as follows:
(a) The general custodian of election records is the
custodian of the test materials following the completion of the
first test of automatic tabulating equipment used in a central
counting station and the test of automatic tabulating equipment
used at a polling place. After the test materials are delivered to
the presiding judge in accordance with Section 127.099(a-1), the
presiding judge is the custodian of the test materials until they
are delivered under Subsection (b).
SECTION 6. Section 129.021, Election Code, is amended to
read as follows:
Sec. 129.021. ACCEPTANCE TESTING. (a) In this section,
"hash validation" means a mathematical function that, when applied
to a file, creates a unique string of letters and numbers that may
be used to confirm that a voting system and its source code have not
been altered.
(b) Immediately after receiving a voting system from a
vendor, the general custodian of election records shall:
(1) verify that the system delivered is certified by
the secretary of state;
(2) perform a hardware diagnostic test on the system
as provided by Section 129.022(b);
(3) perform a public test of logic and accuracy on the
system as provided by Section 129.023; [and]
(4) perform a hash validation on each ballot marking
device, each unit of automatic tabulating equipment, and each
tabulation computer to verify that the source code of the equipment
has not been altered; and
(5) perform any additional test that the secretary of
state may prescribe.
SECTION 7. Section 129.023, Election Code, is amended by
amending Subsections (b), (c), and (c-1) and adding Subsections
(b-3), (c-2), and (f-1) to read as follows:
(b) Not later than the 48th day before election day [48
hours before voting begins on a voting system], the general
custodian of election records shall conduct a logic and accuracy
test. Public notice of the test must be published on the political
subdivision's [county's] Internet website, if the political
subdivision [county] maintains an Internet website, or on the
bulletin board used for posting notice of meetings of the political
subdivision's governing body [commissioners court] if the
political subdivision [county] does not maintain an Internet
website, at least 48 hours before the test begins, and the test must
be open to the public.
(b-3) If the test cannot be conducted before the 48th day
before election day, then the general custodian shall conduct the
test as soon as practicable after that date and must notify the
secretary of state within 24 hours of the determination that the
deadline cannot be met.
(c) The general custodian of election records shall adopt
procedures for testing that:
(1) direct the testing board to cast votes;
(2) verify that each contest position, as well as each
precinct and ballot style, on the ballot can be voted and is
accurately counted;
(3) include overvotes and undervotes for each race, if
applicable to the system being tested;
(4) include write-in votes, when applicable to the
election;
(5) include provisional votes, if applicable to the
system being tested;
(6) calculate the expected results from the test
ballots;
(7) ensure that each voting machine has any public
counter reset to zero and presented to the testing board for
verification before testing;
(8) require that, for each feature of the system that
allows disabled voters to cast a ballot, at least one vote be cast
and verified by a two-person testing board team using that feature;
[and]
(9) require that, when all votes are cast, the general
custodian of election records and the testing board observe the
tabulation of all ballots and compare the actual results to the
expected results;
(10) ensure that each type of automatic tabulating
equipment, ballot marking device, and direct recording electronic
voting device used in the election is tested;
(11) include each type of ballot used in the election,
including mail ballot stock and ballots marked from ballot marking
devices, if any;
(12) require that tested ballots are marked and
labeled to ensure they are not used in an upcoming election; and
(13) require that, if the testing board determines
that the test is unsuccessful, the general custodian of election
records:
(A) identify the cause of the unsuccessful test
and prepare a written explanation;
(B) publish the written explanation online;
(C) retain the materials used in the unsuccessful
test; and
(D) conduct a retest that is open to the public
following the unsuccessful test.
(c-1) A test conducted under this section must also require
the general custodian of election records to demonstrate, using a
representative sample of each type of voting system equipment used
in the election, that the source code of the equipment has not been
altered.
(c-2) For purposes of this section, "representative sample"
means ten of each type of voting device or five percent of each type
of voting device to be used in the election, whichever number is
fewer.
(f-1) The secretary of state shall prescribe procedures and
training materials for the conduct of the test under this section.
SECTION 8. Subchapter B, Chapter 129, Election Code, is
amended by adding Section 129.0231 to read as follows:
Sec. 129.0231. TEST OF LOGIC AND ACCURACY FOR ELECTRONIC
POLLBOOK SYSTEM. (a) Not later than 48 hours before voting begins
in an election, the general custodian of election records shall
conduct a test of logic and accuracy of the electronic pollbook
system used in the election.
(b) Notice of the test must be published on the political
subdivision's Internet website, if the political subdivision
maintains an Internet website, or on the bulletin board used for
posting notice of meetings of the political subdivision's governing
body if the political subdivision does not maintain an Internet
website, at least 48 hours before the test begins.
(c) The general custodian of election records shall adopt
procedures for testing that verify that:
(1) the database of voters is correctly loaded onto
the system and devices;
(2) peripheral devices used with the system are
functioning correctly;
(3) ballot styles have been correctly assigned to
voters; and
(4) any ballots issued by the system and any
peripheral devices used with the system are correctly read by any
voting system used in the election.
(d) The secretary of state shall prescribe procedures and
training materials for the conduct of the test under this section.
SECTION 9. Section 129.024, Election Code, is amended by
amending Subsection (c) and adding Subsection (d) to read as
follows:
(c) The container may not be unsealed unless the contents
are necessary to conduct a test under this subchapter or a criminal
investigation, an election contest, a request for public inspection
under Subsection (d), or any other official proceeding under this
code. If the container is unsealed, the authority in charge of the
proceeding shall reseal the contents when not in use.
(d) The test materials are not available for public
inspection until the first day after the final canvass of the
election is completed. The sealed container containing the test
materials may be unsealed to allow for public inspection of the
records and shall be resealed after the inspection of those records
is completed.
SECTION 10. Section 127.096(a-1), Election Code, is
repealed.
SECTION 11. This Act takes effect September 1, 2025.