Texas 2025 - 89th Regular

Texas Senate Bill SB2166 Compare Versions

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1	1	By: Parker S.B. No. 2166
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to testing of voting tabulation equipment.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 127.091, 127.092, and 127.093, Election
11	11	Code, are amended to read as follows:
12	12	Sec. 127.091. TEST OF TABULATING EQUIPMENT REQUIRED. The
13	13	automatic tabulating equipment used for counting ballots in an
14	14	election [at a central counting station] shall be tested as
15	15	provided by this subchapter.
16	16	Sec. 127.092. TESTING AUTHORITIES. (a) The general
17	17	custodian of election records and the testing board for the public
18	18	test of logic and accuracy conducted under Section 129.023 shall
19	19	prepare and conduct the first test of automatic tabulating
20	20	equipment used at a central counting station and the test of
21	21	automatic tabulating equipment used at a polling place.
22	22	(b) The programmer, tabulation supervisor, counting station
23	23	manager, and presiding judge of the central counting station shall
24	24	jointly prepare and conduct subsequent tests of the automatic
25	25	tabulating equipment used at the station [the test jointly].
26	26	Sec. 127.093. TIMES FOR CONDUCTING TEST. (a) The automatic
27	27	tabulating equipment used in a central counting station [test]
28	28	shall be tested [conducted three times] for each election as
29	29	provided by this subchapter.
30	30	(b) The first test of automatic tabulating equipment used in
31	31	a central counting station and the test of automatic tabulating
32	32	equipment used at a polling place shall be conducted in conjunction
33	33	with the public test of logic and accuracy conducted under Section
34	34	129.023 [at least 48 hours before the automatic tabulating
35	35	equipment is used to count ballots voted in the election].
36	36	(c) The automatic tabulating equipment used in a central
37	37	counting station [second test] shall be tested [conducted]
38	38	immediately before each time the counting of ballots with the
39	39	equipment begins.
40	40	(d) The automatic tabulating equipment used in a central
41	41	counting station [third test] shall be tested [conducted]
42	42	immediately after each time the counting of ballots with the
43	43	equipment is completed.
44	44	SECTION 2. Section 127.094(b), Election Code, is amended to
45	45	read as follows:
46	46	(b) A group of test ballots shall be counted with the
47	47	equipment using the program prepared for processing the ballots
48	48	voted in the election. The test ballots must be printed on the same
49	49	stock as the official ballots for the election. The test ballots
50	50	used for the first test of automatic tabulating equipment used in a
51	51	central counting station and the test of automatic tabulating
52	52	equipment used at a polling place must be the test ballots generated
53	53	during the public test of logic and accuracy conducted under
54	54	Section 129.023. The test materials for subsequent tests of the
55	55	equipment used in a central counting station must be the electronic
56	56	media produced during the testing of automatic tabulating equipment
57	57	conducted in conjunction with the public test of logic and
58	58	accuracy.
59	59	SECTION 3. Section 127.096(a), Election Code, is amended to
60	60	read as follows:
61	61	(a) The general custodian of election records [the
62	62	automatic tabulating equipment] shall conduct the first test of
63	63	automatic tabulating equipment used in a central counting station
64	64	and the test of automatic tabulating equipment used at a polling
65	65	place in conjunction with the test of logic and accuracy conducted
66	66	under Section 129.023 and shall provide [publish] notice of the
67	67	date, hour, and place of the test in the same manner as required for
68	68	the public test of logic and accuracy [conducted under Section
69	69	127.093(b) in a newspaper, as provided by general law for official
70	70	publications by political subdivisions, at least 48 hours before
71	71	the date of the test].
72	72	SECTION 4. Section 127.099, Election Code, is amended by
73	73	amending Subsections (a) and (c) and adding Subsections (a-1),
74	74	(a-2), and (d) to read as follows:
75	75	(a) On completing the first [each] test of automatic
76	76	tabulating equipment used in a central counting station and the
77	77	test of automatic tabulating equipment used at a polling place, the
78	78	general custodian of election records [presiding judge] shall place
79	79	the test ballots and other test materials in a container provided
80	80	for that purpose and seal the container so it cannot be opened
81	81	without breaking the seal. The testing board [manager, tabulation
82	82	supervisor, presiding judge,] and not more than two watchers, if
83	83	one or more watchers are present, shall sign the seal. The watchers
84	84	must be of opposing interests if such watchers are present.
85	85	(a-1) The general custodian of election records shall
86	86	provide the test materials to the presiding judge of the central
87	87	counting station before subsequent tests of the automatic
88	88	tabulating equipment used at the central counting station are
89	89	conducted under Sections 127.093(c) and (d).
90	90	(a-2) On completing subsequent tests of the automatic
91	91	tabulating equipment used at the central counting station under
92	92	Sections 127.093(c) and (d), the presiding judge shall place the
93	93	test ballots and other test materials in a container provided for
94	94	that purpose and seal the container so it cannot be opened without
95	95	breaking the seal. The manager, tabulation supervisor, presiding
96	96	judge, and not more than two watchers, if one or more watchers are
97	97	present, shall sign the seal. The watchers must be of opposing
98	98	interests if such watchers are present.
99	99	(c) The container may not be unsealed unless the contents
100	100	are necessary to conduct a test under this subchapter, a criminal
101	101	investigation, an election contest, a request for public inspection
102	102	under Subsection (d), or any other official proceeding under this
103	103	code. If the container is unsealed, the authority in charge of the
104	104	proceeding shall reseal the contents when not in use.
105	105	(d) The test materials may not be made available for public
106	106	inspection until the first day after the final canvass of the
107	107	election is completed. The sealed container containing the test
108	108	materials may be unsealed to allow for public inspection of the
109	109	records and shall be resealed after the inspection of those records
110	110	is completed.
111	111	SECTION 5. Section 127.100(a), Election Code, is amended to
112	112	read as follows:
113	113	(a) The general custodian of election records is the
114	114	custodian of the test materials following the completion of the
115	115	first test of automatic tabulating equipment used in a central
116	116	counting station and the test of automatic tabulating equipment
117	117	used at a polling place. After the test materials are delivered to
118	118	the presiding judge in accordance with Section 127.099(a-1), the
119	119	presiding judge is the custodian of the test materials until they
120	120	are delivered under Subsection (b).
121	121	SECTION 6. Section 129.021, Election Code, is amended to
122	122	read as follows:
123	123	Sec. 129.021. ACCEPTANCE TESTING. (a) In this section,
124	124	"hash validation" means a mathematical function that, when applied
125	125	to a file, creates a unique string of letters and numbers that may
126	126	be used to confirm that a voting system and its source code have not
127	127	been altered.
128	128	(b) Immediately after receiving a voting system from a
129	129	vendor, the general custodian of election records shall:
130	130	(1) verify that the system delivered is certified by
131	131	the secretary of state;
132	132	(2) perform a hardware diagnostic test on the system
133	133	as provided by Section 129.022(b);
134	134	(3) perform a public test of logic and accuracy on the
135	135	system as provided by Section 129.023; [and]
136	136	(4) perform a hash validation on each ballot marking
137	137	device, each unit of automatic tabulating equipment, and each
138	138	tabulation computer to verify that the source code of the equipment
139	139	has not been altered; and
140	140	(5) perform any additional test that the secretary of
141	141	state may prescribe.
142	142	SECTION 7. Section 129.023, Election Code, is amended by
143	143	amending Subsections (b), (c), and (c-1) and adding Subsections
144	144	(b-3), (c-2), and (f-1) to read as follows:
145	145	(b) Not later than the 48th day before election day [48
146	146	hours before voting begins on a voting system], the general
147	147	custodian of election records shall conduct a logic and accuracy
148	148	test. Public notice of the test must be published on the political
149	149	subdivision's [county's] Internet website, if the political
150	150	subdivision [county] maintains an Internet website, or on the
151	151	bulletin board used for posting notice of meetings of the political
152	152	subdivision's governing body [commissioners court] if the
153	153	political subdivision [county] does not maintain an Internet
154	154	website, at least 48 hours before the test begins, and the test must
155	155	be open to the public.
156	156	(b-3) If the test cannot be conducted before the 48th day
157	157	before election day, then the general custodian shall conduct the
158	158	test as soon as practicable after that date and must notify the
159	159	secretary of state within 24 hours of the determination that the
160	160	deadline cannot be met.
161	161	(c) The general custodian of election records shall adopt
162	162	procedures for testing that:
163	163	(1) direct the testing board to cast votes;
164	164	(2) verify that each contest position, as well as each
165	165	precinct and ballot style, on the ballot can be voted and is
166	166	accurately counted;
167	167	(3) include overvotes and undervotes for each race, if
168	168	applicable to the system being tested;
169	169	(4) include write-in votes, when applicable to the
170	170	election;
171	171	(5) include provisional votes, if applicable to the
172	172	system being tested;
173	173	(6) calculate the expected results from the test
174	174	ballots;
175	175	(7) ensure that each voting machine has any public
176	176	counter reset to zero and presented to the testing board for
177	177	verification before testing;
178	178	(8) require that, for each feature of the system that
179	179	allows disabled voters to cast a ballot, at least one vote be cast
180	180	and verified by a two-person testing board team using that feature;
181	181	[and]
182	182	(9) require that, when all votes are cast, the general
183	183	custodian of election records and the testing board observe the
184	184	tabulation of all ballots and compare the actual results to the
185	185	expected results;
186	186	(10) ensure that each type of automatic tabulating
187	187	equipment, ballot marking device, and direct recording electronic
188	188	voting device used in the election is tested;
189	189	(11) include each type of ballot used in the election,
190	190	including mail ballot stock and ballots marked from ballot marking
191	191	devices, if any;
192	192	(12) require that tested ballots are marked and
193	193	labeled to ensure they are not used in an upcoming election; and
194	194	(13) require that, if the testing board determines
195	195	that the test is unsuccessful, the general custodian of election
196	196	records:
197	197	(A) identify the cause of the unsuccessful test
198	198	and prepare a written explanation;
199	199	(B) publish the written explanation online;
200	200	(C) retain the materials used in the unsuccessful
201	201	test; and
202	202	(D) conduct a retest that is open to the public
203	203	following the unsuccessful test.
204	204	(c-1) A test conducted under this section must also require
205	205	the general custodian of election records to demonstrate, using a
206	206	representative sample of each type of voting system equipment used
207	207	in the election, that the source code of the equipment has not been
208	208	altered.
209	209	(c-2) For purposes of this section, "representative sample"
210	210	means ten of each type of voting device or five percent of each type
211	211	of voting device to be used in the election, whichever number is
212	212	fewer.
213	213	(f-1) The secretary of state shall prescribe procedures and
214	214	training materials for the conduct of the test under this section.
215	215	SECTION 8. Subchapter B, Chapter 129, Election Code, is
216	216	amended by adding Section 129.0231 to read as follows:
217	217	Sec. 129.0231. TEST OF LOGIC AND ACCURACY FOR ELECTRONIC
218	218	POLLBOOK SYSTEM. (a) Not later than 48 hours before voting begins
219	219	in an election, the general custodian of election records shall
220	220	conduct a test of logic and accuracy of the electronic pollbook
221	221	system used in the election.
222	222	(b) Notice of the test must be published on the political
223	223	subdivision's Internet website, if the political subdivision
224	224	maintains an Internet website, or on the bulletin board used for
225	225	posting notice of meetings of the political subdivision's governing
226	226	body if the political subdivision does not maintain an Internet
227	227	website, at least 48 hours before the test begins.
228	228	(c) The general custodian of election records shall adopt
229	229	procedures for testing that verify that:
230	230	(1) the database of voters is correctly loaded onto
231	231	the system and devices;
232	232	(2) peripheral devices used with the system are
233	233	functioning correctly;
234	234	(3) ballot styles have been correctly assigned to
235	235	voters; and
236	236	(4) any ballots issued by the system and any
237	237	peripheral devices used with the system are correctly read by any
238	238	voting system used in the election.
239	239	(d) The secretary of state shall prescribe procedures and
240	240	training materials for the conduct of the test under this section.
241	241	SECTION 9. Section 129.024, Election Code, is amended by
242	242	amending Subsection (c) and adding Subsection (d) to read as
243	243	follows:
244	244	(c) The container may not be unsealed unless the contents
245	245	are necessary to conduct a test under this subchapter or a criminal
246	246	investigation, an election contest, a request for public inspection
247	247	under Subsection (d), or any other official proceeding under this
248	248	code. If the container is unsealed, the authority in charge of the
249	249	proceeding shall reseal the contents when not in use.
250	250	(d) The test materials are not available for public
251	251	inspection until the first day after the final canvass of the
252	252	election is completed. The sealed container containing the test
253	253	materials may be unsealed to allow for public inspection of the
254	254	records and shall be resealed after the inspection of those records
255	255	is completed.
256	256	SECTION 10. Section 127.096(a-1), Election Code, is
257	257	repealed.
258	258	SECTION 11. This Act takes effect September 1, 2025.