| 7 | 5 | | |
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| 8 | 6 | | |
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| 9 | 7 | | A BILL TO BE ENTITLED |
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| 10 | 8 | | AN ACT |
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| 11 | 9 | | relating to election integrity and security of ballot boxes, |
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| 12 | 10 | | including by preventing fraud in the conduct of elections in this |
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| 13 | 11 | | state; authorizing a penalty. |
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| 14 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 13 | | ARTICLE 1. GENERAL PROVISIONS |
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| 16 | 14 | | SECTION 1.01. SHORT TITLE. This Act may be cited as the |
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| 17 | 15 | | Ballot Box Election Security, Transparency, and Accountability |
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| 18 | 16 | | Act. |
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| 19 | 17 | | SECTION 1.02. Chapter 33, Texas Election Code, is amended |
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| 20 | 18 | | to read as follows: |
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| 21 | 19 | | Sec. 33.0605. OBSERVING DATA STORAGE SEALING AND TRANSFER. |
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| 22 | 20 | | (a) A watcher appointed to serve at a polling place in an election |
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| 23 | 21 | | who is available at the time of the action may observe all election |
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| 24 | 22 | | activities relating to the opening and closing of the polling |
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| 25 | 23 | | place, including starting up and closing voting system equipment, |
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| 26 | 24 | | printing of all types of voting system tapes, inspecting of ballot |
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| 27 | 25 | | boxes, the sealing and transfer of a memory card, flash drive, hard |
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| 28 | 26 | | drive, data storage device, or other medium now existing or later |
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| 29 | 27 | | developed used by the voting system equipment. |
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| 30 | 28 | | (b) Notwithstanding any other provision of this code, a |
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| 31 | 29 | | watcher duly accepted for service at a polling location is entitled |
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| 32 | 30 | | to follow the transfer and delivery of election materials, |
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| 33 | 31 | | including ballot boxes, from the polling place at which the watcher |
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| 34 | 32 | | was accepted to a regional tabulating center, the central counting |
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| 35 | 33 | | station, the main early voting site, the early voting clerk's |
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| 36 | 34 | | office, a secured storage location, or any other location |
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| 37 | 35 | | designated to receive, store, and process election materials. The |
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| 38 | 36 | | authority responsible for administering a regional tabulating |
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| 39 | 37 | | center or another location where election materials are delivered, |
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| 40 | 38 | | processed, and stored must accept duly appointed watchers for |
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| 41 | 39 | | service in the same manner a watcher is accepted for service under |
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| 42 | 40 | | Section 33.051 and must accept the same number of watchers that may |
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| 43 | 41 | | serve under Section 33.007(a). |
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| 44 | 42 | | SECTION 1.03. Chapter 127, Section 127.1232, Election Code, |
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| 45 | 43 | | is amended to read as follows: |
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| 46 | 44 | | Sec. 127.1232. SECURITY OF VOTED BALLOTS. (b) The general |
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| 47 | 45 | | custodian of election records in a county with a population of |
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| 48 | 46 | | 100,000 or more shall implement a video surveillance system that |
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| 49 | 47 | | retains a record of all areas containing voted ballots, including |
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| 50 | 48 | | but not limited to all doorways, halls, and offices: |
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| 51 | 49 | | (1) from the time the voted ballots during early |
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| 52 | 50 | | voting and on election day are delivered to the early voting ballot |
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| 53 | 51 | | board, the early voting clerk, regional tabulating center, and the |
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| 54 | 52 | | central counting station, or any other location designated for |
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| 55 | 53 | | delivery, until the final canvass of precinct election returns; and |
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| 56 | 54 | | (2) from the time the absentee voted ballots are |
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| 57 | 55 | | delivered to the elections office, signature verification |
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| 58 | 56 | | committee or early voting ballot board until the final canvass of |
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| 59 | 57 | | precinct election returns. |
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| 60 | 58 | | (c) A video from a system implemented under Subsection (b) |
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| 61 | 59 | | shall be made available to the public by a livestream and must |
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| 62 | 60 | | include a large analog clock visible in each area under |
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| 63 | 61 | | surveillance. |
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| 64 | 62 | | (e) A person that violates this section commits an offense. |
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| 65 | 63 | | An offense under this section is a Class A misdemeanor for the first |
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| 66 | 64 | | offense. Multiple offenses thereafter are felonies of the third |
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| 67 | 65 | | degree. |
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| 68 | 66 | | SECTION 1.04. Chapter 127, Section 127.201, Texas Election |
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| 69 | 67 | | Code, shall be amended as follows: |
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| 70 | 68 | | Sec. 127.201. PARTIAL COUNT OF ELECTRONIC VOTING SYSTEM |
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| 71 | 69 | | BALLOTS BY GENERAL CUSTODIAN. (d) Each candidate in the election is |
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| 72 | 70 | | entitled to be present for the retrieving of ballot boxes, opening |
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| 73 | 71 | | of ballot box seals, ballot sorting, counting of ballots, and |
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| 74 | 72 | | resealing of ballot boxes for the partial count. Each candidate, |
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| 75 | 73 | | and treasurer of a specific-purpose political action committee that |
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| 76 | 74 | | was involved in the election [at the count and] is entitled to have |
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| 77 | 75 | | a watcher and representative present to monitor all activities |
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| 78 | 76 | | associated with the partial count. A representative must deliver a |
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| 79 | 77 | | certificate of appointment to the general custodian at the time the |
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| 80 | 78 | | representative reports for service. The certificate must be in |
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| 81 | 79 | | writing and must include: |
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| 82 | 80 | | (1) the printed name and signature of the |
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| 83 | 81 | | representative; |
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| 84 | 82 | | (2) the election subject to the count; and |
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| 85 | 83 | | (3) the printed name and signature of the candidate |
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| 86 | 84 | | making the appointment. |
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