By: Parker S.B. No. 827
(In the Senate - Filed January 16, 2025; February 13, 2025,
read first time and referred to Committee on State Affairs;
March 26, 2025, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 10, Nays 0; March 26, 2025,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 827 By: Parker
A BILL TO BE ENTITLED
AN ACT
relating to the audit of an election using an electronic voting
system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 127.201, Election Code, is amended to
read as follows:
Sec. 127.201. HAND [PARTIAL] COUNT ELECTION AUDIT [OF
ELECTRONIC VOTING SYSTEM BALLOTS BY GENERAL CUSTODIAN]. (a) To
ensure the accuracy of the tabulation of electronic voting system
results, the general custodian of election records shall conduct a
manual count of all the races in at least one percent of the
election day polling locations and one percent of the early voting
locations [precincts] or in three election day polling locations
and three early voting locations [precincts], whichever is greater,
in which the electronic voting system was used. The general
custodian shall conduct a manual count of all the races contained on
the ballots by mail in at least one percent of the precincts in
which a ballot by mail was cast and in which the ballots were
counted using automatic tabulating equipment, or in three precincts
in which a ballot by mail was cast and in which the ballots were
counted using automatic tabulating equipment, whichever is
greater. The custodian shall select the polling locations and
precincts at random and shall begin the count not later than 72
hours after the polls close. The count shall be completed not later
than the 21st day after election day. Subsections [Subsection]
(b), (b-1), (b-2), and (b-3) supersede [supersedes] this subsection
to the extent of a conflict.
(b) In a general election for state and county officers,
primary election, or election on a proposed amendment to the state
constitution or other statewide measure submitted by the
legislature, the secretary of state shall select, in accordance
with rules adopted by the secretary, the polling locations and
precincts to be counted under Subsection (a). The secretary shall
designate not more than three offices and not more than three
propositions to be counted in the selected polling locations and
precincts. The secretary shall notify the general custodian of
election records of the polling locations, precincts, offices, and
propositions selected under this subsection not earlier than the
day after election day.
(b-1) The general custodian of election records shall
designate the members of the early voting ballot board for the
election to perform the manual count under this section at the
direction of the custodian. If one or more members of the early
voting ballot board are unable to serve, then additional members
may be appointed using the appointment procedures under Section
87.002.
(b-2) In an election in which a statewide risk-limiting
audit is performed under Subchapter I, the manual count under this
section shall begin the count not later than the first business day
after the secretary of state has certified the completion of the
risk-limiting audit, and the count must be completed not later than
the 30th day after election day or by the deadline designated by the
secretary of state for completion of the count, whichever is later.
(b-3) The general custodian of election records, in
accordance with procedures prescribed by the secretary of state,
may select additional precincts and polling places to be counted
under this section.
(c) On selection or notification, as applicable, of the
polling locations and precincts to be counted, the general
custodian of election records shall post in the custodian's office
a notice of the date, hour, and place of the count.
(d) Each person entitled to appoint watchers [candidate] in
the election is entitled to be present at the count and is entitled
to have a watcher [representative] present. A watcher appointed to
the count [representative] must satisfy the same eligibility
requirements as a watcher under Chapter 33 and must be appointed in
the same manner as a watcher under Chapter 33. The watcher must
deliver their certificates [a certificate of appointment] to the
presiding judge of the early voting ballot board [general
custodian] at the time the watcher [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.]
(e) Not later than the third day after the date the count is
completed, the general custodian of election records shall:
(1) deliver a written report of the results of the
count to the secretary of state; and
(2) post the results of the count on the county's
Internet website in the same location that the county provides
information on election returns and election results.
(g) This section does not apply to the tabulation of
electronic voting system results for a voting system that uses
direct recording electronic voting machines.
SECTION 2. Section 127.302, Election Code, is amended by
amending Subsections (a), (b), and (c) and adding Subsection (a-1)
to read as follows:
(a) The [Not later than 24 hours after all ballots have been
counted in an election, the] general custodian of election records
shall participate in [conduct] a risk-limiting audit for one or
more [a] selected statewide races [race] or measures [measure].
The custodian shall begin the audit on a date prescribed by the
secretary of state.
(a-1) All counties holding an election subject to this
subchapter must participate in the risk-limiting audit on the
selected statewide races or measures as provided by this section,
regardless of the method of counting voted ballots used by the
county.
(b) The secretary of state shall select, in accordance with
rules adopted by the secretary, the precincts to be counted and the
offices [office] or propositions [proposition] to be counted.
(c) The general custodian of election records shall
complete the audit on the date prescribed by the secretary of state
[not later than 24 hours before the time for conducting the canvass
of the election].
SECTION 3. This Act takes effect September 1, 2025.
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