Texas 2025 - 89th Regular

Texas Senate Bill SB2209 Compare Versions

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

Old	New	Differences
1	1	89R10898 JDK-D
2	2	By: Hall S.B. No. 2209
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the required use of hand-marked paper ballots for all
10	10	elections.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 32.091(b), Election Code, is amended to
13	13	read as follows:
14	14	(b) A judge or clerk may not be paid for more than two hours
15	15	of work before the polls open, except for payment made for work
16	16	under Section 62.014(c). [In a precinct in which voting machines
17	17	are used, a judge or clerk may not be paid for more than two hours of
18	18	work after the time for closing the polls or after the last voter
19	19	has voted, whichever is later.]
20	20	SECTION 2. Section 33.054(b), Election Code, is amended to
21	21	read as follows:
22	22	(b) A watcher serving at the meeting place of an early
23	23	voting ballot board may not leave during voting hours on election
24	24	day without the presiding judge's permission if the board has
25	25	[recorded any votes cast on voting machines or] counted any
26	26	ballots, unless the board has completed its duties and has been
27	27	dismissed by the presiding judge.
28	28	SECTION 3. Section 43.007(d), Election Code, is amended to
29	29	read as follows:
30	30	(d) The secretary of state shall select to participate in
31	31	the program each county that:
32	32	(1) has held a public hearing under Subsection (b);
33	33	(2) has submitted documentation listing the steps
34	34	taken to solicit input on participating in the program by
35	35	organizations or persons who represent the interests of voters;
36	36	(3) has implemented a computerized voter registration
37	37	list that allows an election officer at the polling place to verify
38	38	that a voter has not previously voted in the election;
39	39	(4) uses [direct recording electronic voting
40	40	machines, ballot marking devices, or] hand-marked scannable paper
41	41	ballots that are printed and scanned at the polling place or any
42	42	other type of voting system equipment that the secretary of state
43	43	determines is capable of processing votes for each type of ballot to
44	44	be voted in the county; and
45	45	(5) is determined by the secretary of state to have the
46	46	appropriate technological capabilities.
47	47	SECTION 4. Section 52.075, Election Code, is amended to
48	48	read as follows:
49	49	Sec. 52.075. MODIFICATION OF BALLOT FORM FOR CERTAIN VOTING
50	50	SYSTEMS. (a) The secretary of state may prescribe the form and
51	51	content of a ballot for an election using a voting system, including
52	52	an electronic voting system [or a voting system that uses direct
53	53	recording electronic voting machines or ballot marking devices], to
54	54	conform to the formatting requirements of the system.
55	55	(b) In this section, ["ballot marking device," "direct
56	56	recording electronic voting machine,"] "electronic voting
57	57	system[,]" and "voting system" have the meanings assigned by
58	58	Section 121.003.
59	59	SECTION 5. Section 68.032(a), Election Code, is amended to
60	60	read as follows:
61	61	(a) In precincts using paper ballots [, voting machines,] or
62	62	electronic voting system ballot counters, the copy of the returns
63	63	required to be delivered to the county clerk shall be delivered not
64	64	later than two hours, or as soon thereafter as practicable, after
65	65	the closing of the polls or after the last person voted, whichever
66	66	is later.
67	67	SECTION 6. Sections 85.071(a) and (b), Election Code, are
68	68	amended to read as follows:
69	69	(a) During the period for early voting by personal
70	70	appearance, the ballots voted at a branch polling place [, other
71	71	than those cast on a voting machine,] shall be:
72	72	(1) retained securely at the branch polling place in a
73	73	locked room accessible only to election officers; or
74	74	(2) delivered by an election officer or designated law
75	75	enforcement officer to the main early voting polling place at the
76	76	close of voting each day.
77	77	(b) The unvoted ballots at the branch polling place [, other
78	78	than voting machine ballots,] shall be retained or delivered with
79	79	the voted ballots but in a separate locked container.
80	80	SECTION 7. Section 87.022, Election Code, is amended to
81	81	read as follows:
82	82	Sec. 87.022. TIME OF DELIVERY: GENERAL RULE. Except as
83	83	provided by Section 87.0221, 87.0222, or 87.023, [or 87.024,] the
84	84	materials shall be delivered to the early voting ballot board under
85	85	this subchapter during the time the polls are open on election day,
86	86	or as soon after the polls close as practicable, at the time or
87	87	times specified by the presiding judge of the board.
88	88	SECTION 8. Subchapter A, Chapter 123, Election Code, is
89	89	amended by adding Section 123.010 to read as follows:
90	90	Sec. 123.010. CERTAIN ELECTRONIC VOTING SYSTEMS
91	91	PROHIBITED. An authority holding elections in this state may only
92	92	adopt a voting system that requires hand-marked paper ballots for
93	93	all elections.
94	94	SECTION 9. Section 125.001, Election Code, is amended to
95	95	read as follows:
96	96	Sec. 125.001. ALLOCATION OF EQUIPMENT AMONG POLLING
97	97	PLACES. The authority responsible for allocating election
98	98	supplies among the polling places for an election shall determine
99	99	the number of [voting machines or] units of [other] voting system
100	100	equipment to be installed at each polling place based on:
101	101	(1) the number of votes cast at the polling place in
102	102	previous, similar elections;
103	103	(2) the number of registered voters eligible to vote
104	104	at a polling place;
105	105	(3) the number of units of equipment available; and
106	106	(4) any other factors the authority determines are
107	107	relevant.
108	108	SECTION 10. Section 145.098(a), Election Code, is amended
109	109	to read as follows:
110	110	(a) If a candidate files a withdrawal request after the
111	111	deadline prescribed by Section 145.092, and the candidate complies
112	112	with each requirement under Section 145.001 except that the
113	113	candidate's filing to withdraw is untimely, the authority
114	114	responsible for preparing the ballots may choose to omit the
115	115	candidate from the ballot if at the time the candidate files the
116	116	withdrawal request[:
117	117	[(1)] the ballots have not been prepared[; and
118	118	[(2) if using a voting system to which Chapter 129
119	119	applies, public notice of the test of logic and accuracy has not
120	120	been published].
121	121	SECTION 11. Section 213.007(a), Election Code, is amended
122	122	to read as follows:
123	123	(a) On presentation by a recount committee chair of a
124	124	written order signed by the recount supervisor, the custodian of
125	125	voted ballots [, voting machines] or test materials or programs
126	126	used in counting electronic voting system ballots shall make the
127	127	ballots [, machines,] or materials or programs, including the
128	128	records from which the operation of the voting system may be
129	129	audited, available to the committee.
130	130	SECTION 12. Section 221.008, Election Code, is amended to
131	131	read as follows:
132	132	Sec. 221.008. EXAMINATION OF SECURED BALLOTS AND
133	133	EQUIPMENT. A tribunal hearing an election contest may cause
134	134	secured ballot boxes [, voting machines,] or other equipment used
135	135	in the election to be unsecured to determine the correct vote count
136	136	or any other fact that the tribunal considers pertinent to a fair
137	137	and just disposition of the contest.
138	138	SECTION 13. Section 292.001(a), Local Government Code, is
139	139	amended to read as follows:
140	140	(a) The commissioners court of a county may purchase,
141	141	construct, or provide by other means, including a lease or a lease
142	142	with an option to purchase, or may reconstruct, improve, or equip a
143	143	building or rooms, other than the courthouse, for the housing of
144	144	county or district offices, county or district courts, justice of
145	145	the peace courts, county records or equipment [(including voting
146	146	machines)], or county jail facilities, or for the conducting of
147	147	other public business, if the commissioners court determines that
148	148	the additional building or rooms are necessary. The commissioners
149	149	court may purchase and improve the necessary site for the building
150	150	or rooms.
151	151	SECTION 14. (a) The following provisions of the Election
152	152	Code are repealed:
153	153	(1) Sections 61.002(a), (c), and (d);
154	154	(2) Section 66.058(g);
155	155	(3) Section 85.033;
156	156	(4) Section 87.024;
157	157	(5) Chapter 104;
158	158	(6) Section 112.009;
159	159	(7) Section 112.010;
160	160	(8) Sections 121.003(3), (6), (7), (8), (12), and
161	161	(13);
162	162	(9) Section 122.033;
163	163	(10) Section 125.007;
164	164	(11) Section 127.201(g);
165	165	(12) Chapter 129;
166	166	(13) Section 212.134(b); and
167	167	(14) Section 213.016.
168	168	(b) Section 33.05, Penal Code, is repealed.
169	169	SECTION 15. (a) The change in law made by this Act to
170	170	Section 221.008, Election Code, applies only to an election contest
171	171	filed on or after the effective date of this Act. An election
172	172	contest filed before the effective date of this Act is governed by
173	173	the law as it existed immediately before the effective date of this
174	174	Act, and that law is continued in effect for that purpose.
175	175	(b) The change in law made by this Act in repealing Section
176	176	33.05, Penal Code, applies only to an offense committed on or after
177	177	the effective date of this Act. An offense committed before the
178	178	effective date of this Act is governed by the law in effect when the
179	179	offense was committed, and the former law is continued in effect for
180	180	that purpose. For purposes of this section, an offense was
181	181	committed before the effective date of this Act if any element of
182	182	the offense occurred before that date.
183	183	SECTION 16. This Act takes effect September 1, 2025.