BILL ANALYSIS Senate Research Center S.B. 76 89R2483 MLH-D By: Hall State Affairs 3/17/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT In 2005, the countywide polling place pilot program was established to permit counties to conduct elections at countywide voting locations instead of by precinct. Early on, participation was limited to counties that exclusively used electronic voting systems and maintained computerized and linked registration lists at polling places. However, the program has since expanded each year and now includes over 90 counties. To participate in the program, a county first must hold a public hearing and solicit input. Computers and software have increased the opportunities and frequency of error and fraud in elections in ways never before contemplated and at a level more difficult to detect than ever before. Some election workers have expressed concern that countywide voting creates unique vulnerabilities in election security and, importantly, frustrates chain-of-custody measures. Additionally, countywide polling locations are frequently farther from people's homes than were previous polling places under precinct-only voting. Preserving precinct-based voting ensures there are accessible polling places near one's home and increases security and trust in the election process. Repeal Section 43.007 of the Election Code that establishes the countywide polling place program and conform the remaining statutes by repealing subsections that require judges of countywide polling places to be appointed from a list of persons submitted by the county chair, specify locations that could be used in a runoff election, and specify the methodology used to determine the location of countywide polling places to be used to determine temporary branch polling places. As proposed, S.B. 76 amends current law relating to elimination of the countywide polling place program. RULEMAKING AUTHORITY Rulemaking authority previously granted to the secretary of state is modified in SECTION 1 (Section 31.014, Election Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 31.014(a) and (c), Election Code, as follows: (a) Requires the secretary of state (SOS) to prescribe specific requirements and standards, consistent with the Election Code, for the certification of an electronic device used to accept voters under Chapter 63 (Accepting Voter) that require the device to perform certain actions, including, if the county has more than one early voting polling place, rather than if the county participates in the countywide polling place program under Section 43.007 (Countywide Polling Place Program) or has more than one early voting polling place, transmitting a time stamp when each vote is accepted, including the voter's unique identifier, to all polling place locations. (c) Deletes existing text requiring SOS to adopt rules that require a device described by Section 31.014 (Certification of Electronic Devices to Accept Voters) used under the countywide polling place program under Section 43.007 to update data in real time. SECTION 2. Amends Section 32.0511(d), Election Code, to delete existing text providing that not more than four student election clerks are authorized to serve at any countywide polling place. SECTION 3. Repealers: Sections 32.002(c-1) (relating to a list of names of persons eligible for appointment as election judges) and 43.004(c) (relating to limiting the designation of polling place for any required runoff election to only the polling places in or near the territory where eligible voters reside), Election Code. Repealer: Section 43.007 (Countywide Polling Place Program), Election Code. Repealer: Section 85.062(f-1) (relating to methodologies used to determine the location of countywide and temporary branch polling places), Election Code. SECTION 4. Provides that nothing in this Act is authorized to be construed to impact polling locations used for early voting by personal appearance or prevent a voter from casting a ballot at any branch polling place in the territory served by the early voting clerk as provided by Section 85.066 (Voters Served by Branch Polling Place), Election Code. SECTION 5. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 76
89R2483 MLH-D By: Hall
State Affairs
3/17/2025
As Filed
Senate Research Center
S.B. 76
89R2483 MLH-D
By: Hall
State Affairs
3/17/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
In 2005, the countywide polling place pilot program was established to permit counties to conduct elections at countywide voting locations instead of by precinct. Early on, participation was limited to counties that exclusively used electronic voting systems and maintained computerized and linked registration lists at polling places. However, the program has since expanded each year and now includes over 90 counties. To participate in the program, a county first must hold a public hearing and solicit input.
Computers and software have increased the opportunities and frequency of error and fraud in elections in ways never before contemplated and at a level more difficult to detect than ever before. Some election workers have expressed concern that countywide voting creates unique vulnerabilities in election security and, importantly, frustrates chain-of-custody measures. Additionally, countywide polling locations are frequently farther from people's homes than were previous polling places under precinct-only voting. Preserving precinct-based voting ensures there are accessible polling places near one's home and increases security and trust in the election process.
As proposed, S.B. 76 amends current law relating to elimination of the countywide polling place program.
RULEMAKING AUTHORITY
Rulemaking authority previously granted to the secretary of state is modified in SECTION 1 (Section 31.014, Election Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Sections 31.014(a) and (c), Election Code, as follows:
(a) Requires the secretary of state (SOS) to prescribe specific requirements and standards, consistent with the Election Code, for the certification of an electronic device used to accept voters under Chapter 63 (Accepting Voter) that require the device to perform certain actions, including, if the county has more than one early voting polling place, rather than if the county participates in the countywide polling place program under Section 43.007 (Countywide Polling Place Program) or has more than one early voting polling place, transmitting a time stamp when each vote is accepted, including the voter's unique identifier, to all polling place locations.
(c) Deletes existing text requiring SOS to adopt rules that require a device described by Section 31.014 (Certification of Electronic Devices to Accept Voters) used under the countywide polling place program under Section 43.007 to update data in real time.
SECTION 2. Amends Section 32.0511(d), Election Code, to delete existing text providing that not more than four student election clerks are authorized to serve at any countywide polling place.
SECTION 3. Repealers: Sections 32.002(c-1) (relating to a list of names of persons eligible for appointment as election judges) and 43.004(c) (relating to limiting the designation of polling place for any required runoff election to only the polling places in or near the territory where eligible voters reside), Election Code.
Repealer: Section 43.007 (Countywide Polling Place Program), Election Code.
Repealer: Section 85.062(f-1) (relating to methodologies used to determine the location of countywide and temporary branch polling places), Election Code.
SECTION 4. Provides that nothing in this Act is authorized to be construed to impact polling locations used for early voting by personal appearance or prevent a voter from casting a ballot at any branch polling place in the territory served by the early voting clerk as provided by Section 85.066 (Voters Served by Branch Polling Place), Election Code.
SECTION 5. Effective date: September 1, 2025.