If enacted, SB78 would significantly alter existing election security laws, mandating state-level oversight and best practices for cybersecurity. The legislation requires county election officers to ensure their systems comply with the new regulations, which include biennial cybersecurity assessments. Additionally, any breaches would require immediate notification of key state officials and initiating investigations to address the threat. This creates a more structured response framework for potential cyber incidents and enhances accountability among election officials and personnel.
Summary
Senate Bill 78 (SB78) focuses on enhancing the security of election systems across Texas by amending the Election Code. It aims to define protected election data and establish best practices to minimize risks associated with the electronic use, storage, and transmission of such data. The bill outlines specific responsibilities for the Secretary of State, including the appointment of a dedicated cybersecurity expert responsible for implementing and overseeing these security measures. This involves regular training for personnel accessing sensitive election data and ensuring proper protocols are followed in case of cyberattacks or breaches.
Contention
Although the bill aims to strengthen election integrity, it may spark debate among lawmakers regarding the balance between state control and local authority. Proponents highlight the necessity of uniform cybersecurity standards to protect elections from increasingly sophisticated cyber threats. However, critics may argue that centralized control could limit local entities' ability to address specific threats or vulnerabilities unique to their jurisdictions. The bill's implementation could also hinge on state funding for necessary cybersecurity measures, which may raise questions about resource allocation and support for local election offices.
Texas Constitutional Statutes Affected
Election Code
Chapter 279. Cybersecurity Of Election Systems
Section: 002
Section: 003
Section: New Section
Chapter 123. Adoption And Acquisition Of Voting System
Relating to homeland security, including the creation of the Texas Homeland Security Division in the Department of Public Safety, the operations of the Homeland Security Council, the creation of a homeland security fusion center, and the duties of state agencies and local governments in preparing for, reporting, and responding to cybersecurity breaches; providing administrative penalties; creating criminal offenses.
Relating to the protection of minors from harmful, deceptive, or unfair trade practices in connection with the use of certain digital services and electronic devices, including the use and transfer of electronic devices to students by a public school.
Relating to election integrity and security, including by preventing fraud in the conduct of elections in this state; authorizing a penalty, increasing a penalty.
Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing the Texas Homeland Security Division and the Border Security Advisory Council, and to compensate persons affected by those threats.
Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Homeland Security Division, and to compensate persons affected by those threats.
In organization of departmental administrative boards and commissions and of advisory boards and commissions, providing for Cybersecurity Coordination Board.