Texas 2025 - 89th Regular

Texas Senate Bill SB2208 Compare Versions

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

Old	New	Differences
1	1	89R5308 MPF-D
2	2	By: Hall S.B. No. 2208
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the procedures for the testing of voting system
10	10	equipment.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 127.094(b), Election Code, is amended to
13	13	read as follows:
14	14	(b) A group of test ballots, including ballots by mail,
15	15	shall be counted with the equipment using the program prepared for
16	16	processing the ballots voted in the election. The test ballots must
17	17	be printed on the same stock as the official ballots for the
18	18	election.
19	19	SECTION 2. Section 129.023, Election Code, is amended by
20	20	amending Subsection (c) and adding Subsection (c-2) to read as
21	21	follows:
22	22	(c) The general custodian of election records shall adopt
23	23	procedures for testing that:
24	24	(1) direct the testing board to cast votes;
25	25	(2) verify that each contest position, as well as each
26	26	precinct and ballot style, on the ballot can be voted and is
27	27	accurately counted;
28	28	(3) include overvotes and undervotes for each race, if
29	29	applicable to the system being tested;
30	30	(4) include write-in votes, when applicable to the
31	31	election;
32	32	(5) include provisional votes, if applicable to the
33	33	system being tested;
34	34	(6) calculate the expected results from the test
35	35	ballots;
36	36	(7) ensure that each voting machine has any public
37	37	counter reset to zero and presented to the testing board for
38	38	verification before testing;
39	39	(8) require that, for each feature of the system that
40	40	allows disabled voters to cast a ballot, at least one vote be cast
41	41	and verified by a two-person testing board team using that feature;
42	42	[and]
43	43	(9) require that, when all votes are cast, the general
44	44	custodian of election records and the testing board observe the
45	45	tabulation of all ballots and compare the actual results to the
46	46	expected results;
47	47	(10) include the testing of optical scanners and
48	48	ballot marking devices, if applicable to the system being tested;
49	49	(11) require that each test ballot is marked and
50	50	labeled as a test ballot to ensure that it is not used to cast votes
51	51	in an election;
52	52	(12) require that, for a test ballot marked by hand,
53	53	the votes are cast and verified by a two-person testing board team;
54	54	and
55	55	(13) require that, if the general custodian of
56	56	election records discovers a discrepancy in the actual and expected
57	57	results under Subdivision (9), the general custodian of election
58	58	records must:
59	59	(A) reconcile or verify the discrepancy;
60	60	(B) provide a written explanation for the
61	61	discrepancy;
62	62	(C) publish the written explanation described by
63	63	Paragraph (B) on the county's Internet website; and
64	64	(D) immediately following the completion of the
65	65	test, conduct another test open to the public in accordance with the
66	66	procedures provided by this section.
67	67	(c-2) For purposes of Subsection (c-1), a representative
68	68	sample of voting system equipment consists of the lesser of 10 units
69	69	of voting system equipment or five percent of the total number of
70	70	units of voting system equipment to be used by the county in an
71	71	election.
72	72	SECTION 3. The changes in law made by this Act apply only to
73	73	an election that is ordered on or after the effective date of this
74	74	Act.
75	75	SECTION 4. This Act takes effect immediately if it receives
76	76	a vote of two-thirds of all the members elected to each house, as
77	77	provided by Section 39, Article III, Texas Constitution. If this
78	78	Act does not receive the vote necessary for immediate effect, this
79	79	Act takes effect September 1, 2025.