bill keeps precinct records 36 months instead of 22

The text as introduced · 1,038 words

By: Toth
H.B. No. 1002

A BILL TO BE ENTITLED

AN ACT

relating to the disposition of certain election records.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 65.013(b), Election Code, is amended to

read as follows:

(b) The register must state:

(1) the total number of ballots received for

conducting voting at the polling place;

(2) the number of defectively printed ballots

received;

(3) the number of ballots provided to voters as

indicated by the number of voters on the poll list;

(4) the number of spoiled ballots returned by voters;

[ and ]

(5) the number of unused ballots that are not

accounted for as defectively printed ballots ;

(6) the range of serial numbers of the ballots

received for conducting voting at the polling place;

(7) the range of serial numbers of the ballots

provided to voters; and

(8) the serial numbers of the spoiled ballots .

SECTION 2. Section 65.055(b), Election Code, is amended to

read as follows:

(b) The board shall place the ballot in a separate envelope

for provisional ballots in the [ a ] ballot box containing all the

provisional ballots accepted for voting in the same precinct [ the

election ].

SECTION 3. Sections 65.056(b) and (d), Election Code, are

amended to read as follows:

(b) The early voting ballot board shall place the envelopes

containing rejected provisional ballots in envelopes segregated

and marked by precinct [ an envelope ] and shall seal each [ the ]

envelope. More than one envelope for each precinct may be used if

necessary.

(d) A board member shall deliver the envelopes [ envelope ]

containing the rejected provisional ballots to the general

custodian of election records to be preserved for the period for

preserving the precinct election records. The envelopes [ envelope ]

may not be placed in the box containing the accepted provisional

ballots or any other election records .

SECTION 4. Section 66.002, Election Code, is amended to

read as follows:

Sec. 66.002. PRECINCT ELECTION RECORDS. In this chapter,

"precinct election records" means the precinct election returns,

voted ballots, and other records of an election that are assembled

and distributed under this chapter , and includes election data, as

defined by Section 279.001, associated with the precinct .

SECTION 5. Section 66.0021(b), Election Code, is amended to

read as follows:

(b) The general custodian of election records for a primary

election or the general election for state and county officers

shall maintain a list that states the total number of votes cast in

each precinct by personal appearance during the [ on ] election

period [ day ] that is available for public inspection not later than

the day after election day.

SECTION 6. Section 66.058, Election Code, is amended by

amending Subsections (a), (b), (b-1), (c), and (g), and adding

Subsections (b-2) and (g-1) to read as follows:

(a) Except as otherwise provided by this code, the precinct

election records shall be preserved by the authority to whom they

are distributed for at least 36 [ 22 ] months after election day.

(b) For a period of at least 60 days after the date of the

election, the voted ballots shall be preserved securely in a locked

room in the locked ballot box in which they are delivered to the

general custodian of election records. On the 61st day after

election day, the general custodian of election records shall

[ may ]:

(1) require a person who has possession of a key that

operates the lock on a ballot box containing voted ballots to return

the key to the custodian; [ and ]

(2) unlock the ballot box and transfer the voted

ballots to another secure container , segregated and marked by

precinct, for the remainder of the preservation period ; and

(3) create and maintain an index of voted ballots and

ballot numbers assigned to each precinct, categorized by precinct

location and polling place location, and make the index available

to the public on the county election Internet website, if the county

maintains a website .

(b-1) Except as permitted by this code, a ballot box or

other secure container containing voted ballots may not be opened

during the first 60 days of the preservation period.

(b-2) A secure container that ballots or other precinct

election records are transferred to under this section must be

sealed with a uniquely numbered seal, and the number shall be logged

to ensure chain of custody during the preservation period.

(c) If during the preservation period an authorized entry is

made into a ballot box or other secure container containing voted

ballots, when the purpose for the entry is fulfilled, the box or

container shall be relocked or resecured and resealed with a

uniquely numbered, logged seal , and the box and key or secure

container returned to the custodian.

(g) Electronic records created under any other provision of

this code [ Chapter 129 ] shall be preserved in a secure container ,

segregated and marked by precinct .

(g-1) If ballots are imaged during the election process, the

general custodian of election records shall post the ballot images,

including the serial number assigned to the ballot and indexed by

precinct, on the county's Internet website or the secretary of

state's Internet website not later than five days after the

election.

SECTION 7. Section 66.059(c), Election Code, is amended to

read as follows:

(c) Any interested person may observe the opening of the

box , and the opening of the box must be witnessed by two witnesses

who shall sign a sworn statement that confirms that the erroneously

placed election record was removed and where it was placed. The

sworn statement shall be preserved with the other precinct election

records .

SECTION 8. Section 66.060(c), Election Code, is amended to

read as follows:

(c) The custodian of the key to ballot box no. 3 shall keep

the key in a secure, locked place for the period for preserving the

precinct election records except for the time the key is

temporarily out of the custodian's custody in accordance with this

code.

SECTION 9. Section 66.025(b), Election Code, is repealed.

SECTION 10. This Act takes effect September 1, 2025.