By: Hughes S.B. No. 2309
(In the Senate - Filed March 11, 2025; March 25, 2025, read
first time and referred to Committee on State Affairs;
April 7, 2025, reported favorably by the following vote: Yeas 9,
Nays 0; April 7, 2025, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to election integrity and security of ballot boxes,
including by preventing fraud in the conduct of elections in this
state; authorizing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. GENERAL PROVISIONS
SECTION 1.01. SHORT TITLE. This Act may be cited as the
Ballot Box Election Security, Transparency, and Accountability
Act.
SECTION 1.02. Chapter 33, Texas Election Code, is amended
to read as follows:
Sec. 33.0605. OBSERVING DATA STORAGE SEALING AND TRANSFER.
(a) A watcher appointed to serve at a polling place in an election
who is available at the time of the action may observe all election
activities relating to the opening and closing of the polling
place, including starting up and closing voting system equipment,
printing of all types of voting system tapes, inspecting of ballot
boxes, the sealing and transfer of a memory card, flash drive, hard
drive, data storage device, or other medium now existing or later
developed used by the voting system equipment.
(b) Notwithstanding any other provision of this code, a
watcher duly accepted for service at a polling location is entitled
to follow the transfer and delivery of election materials,
including ballot boxes, from the polling place at which the watcher
was accepted to a regional tabulating center, the central counting
station, the main early voting site, the early voting clerk's
office, a secured storage location, or any other location
designated to receive, store, and process election materials. The
authority responsible for administering a regional tabulating
center or another location where election materials are delivered,
processed, and stored must accept duly appointed watchers for
service in the same manner a watcher is accepted for service under
Section 33.051 and must accept the same number of watchers that may
serve under Section 33.007(a).
SECTION 1.03. Chapter 127, Section 127.1232, Election Code,
is amended to read as follows:
Sec. 127.1232. SECURITY OF VOTED BALLOTS. (b) The general
custodian of election records in a county with a population of
100,000 or more shall implement a video surveillance system that
retains a record of all areas containing voted ballots, including
but not limited to all doorways, halls, and offices:
(1) from the time the voted ballots during early
voting and on election day are delivered to the early voting ballot
board, the early voting clerk, regional tabulating center, and the
central counting station, or any other location designated for
delivery, until the final canvass of precinct election returns; and
(2) from the time the absentee voted ballots are
delivered to the elections office, signature verification
committee or early voting ballot board until the final canvass of
precinct election returns.
(c) A video from a system implemented under Subsection (b)
shall be made available to the public by a livestream and must
include a large analog clock visible in each area under
surveillance.
(e) A person that violates this section commits an offense.
An offense under this section is a Class A misdemeanor for the first
offense. Multiple offenses thereafter are felonies of the third
degree.
SECTION 1.04. Chapter 127, Section 127.201, Texas Election
Code, shall be amended as follows:
Sec. 127.201. PARTIAL COUNT OF ELECTRONIC VOTING SYSTEM
BALLOTS BY GENERAL CUSTODIAN. (d) Each candidate in the election is
entitled to be present for the retrieving of ballot boxes, opening
of ballot box seals, ballot sorting, counting of ballots, and
resealing of ballot boxes for the partial count. Each candidate,
and treasurer of a specific-purpose political action committee that
was involved in the election [at the count and] is entitled to have
a watcher and representative present to monitor all activities
associated with the partial count. A representative must deliver a
certificate of appointment to the general custodian at the time the
representative reports for service. The certificate must be in
writing and must include:
(1) the printed name and signature of the
representative;
(2) the election subject to the count; and
(3) the printed name and signature of the candidate
making the appointment.
SECTION 1.05. This Act takes effect September 1, 2025.
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