bill allowing an electronic system for mail ballots

The text as introduced · 929 words

89R3240 PRL-D

By: Leach
H.B. No. 3162

A BILL TO BE ENTITLED

AN ACT

relating to the use of an accessible absentee mail system by certain

voters.

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

SECTION 1. Chapter 81, Election Code, is amended by adding

Sections 81.006 and 81.007 to read as follows:

Sec. 81.006. ACCESSIBLE ABSENTEE BALLOT SYSTEM. (a) A

person eligible for early voting by mail under Section 82.002 may

receive and cast a ballot using an accessible absentee mail system

approved by the secretary of state under Section 81.007.

(b) An accessible absentee mail system must be an electronic

system, including software, used for the sole purpose of enabling a

voter who has a disability and needs assistive technology for

marking or reading the ballot, to mark the voter's ballot and print

and submit the ballot in the manner required by Chapter 86 for a

ballot marked by the voter.

(c) The secretary of state shall adopt rules and prescribe

procedures for the implementation of this section.

Sec. 81.007. ACCESSIBLE ABSENTEE BALLOT SYSTEM STANDARDS.

(a) An accessible absentee ballot system described by Section

81.006 may not be used in an election unless the system is approved

by the secretary of state in accordance with this section.

(b) The secretary of state shall adopt standards for the

approval of an accessible absentee ballot system. At a minimum, the

standards adopted shall require an accessible absentee ballot

system to:

(1) preserve the secrecy of the ballot;

(2) authenticate the voter prior to delivery of a

ballot using:

(A) all information required under Sections

84.002(a)(1) and (1-a); and

(B) any other information the secretary of state

determines to be necessary for the positive identification of the

person accessing the ballot as the voter;

(3) operate safely, efficiently, and accurately;

(4) be equipped with security measures necessary to

prevent fraudulent or unauthorized manipulation;

(5) secure the screen and audio output of the device on

which the ballot is displayed during voting so that, other than the

voter's own notes, political advertising or a campaign

communication, as those terms are defined by Section 251.001, is

not displayed or audibly available to the voter while the ballot is

being marked;

(6) securely print the voter's marked ballot with a

unique serial number and transmit the ballot to the early voting

clerk without information identifying the voter;

(7) use a method of verification that a ballot was

issued to an eligible voter;

(8) require the voter, prior to accessing the ballot,

to swear or affirm that the voter is the person to whom the ballot is

issued, and affirmatively indicate the statement, "I have a

sickness or physical condition that prevents me from appearing at

the polling place on election day without a likelihood of needing

personal assistance or injuring my health," as prescribed by

Section 82.002(a), is true and correct;

(9) require the voter, after printing the voted

ballot, to:

(A) place the voted ballot in the official ballot

envelope and seal the ballot envelope;

(B) place the ballot envelope in the official

carrier envelope and seal the carrier envelope; and

(C) sign the certificate on the sealed carrier

envelope;

(10) prevent any image or record of a voter's ballot

choices, other than the original ballot printed, from being saved,

printed, transmitted, or stored on the voter's device;

(11) be incapable of transmitting voted ballot images

or records via the Internet; and

(12) be capable of providing records, including

Internet protocol addresses of the devices displaying a voter's

ballot, from which the operation of the accessible absentee ballot

system may be audited.

(c) For the purposes of Subsection (b)(9)(A), a voter's

failure to use the official ballot envelope does not affect the

validity of the ballot and the voter must complete the official

carrier envelope as provided by Section 86.006.

(d) The secretary of state by rule may prescribe additional

standards for accessible absentee ballot systems consistent with

this title. The standards adopted under this subsection may apply

to:

(1) particular kinds of accessible absentee ballot

systems;

(2) particular elements comprising an accessible

absentee ballot system, including operation procedures; or

(3) accessible absentee ballot systems generally.

(e) The secretary of state by rule shall prescribe and

implement, to the extent applicable:

(1) a certification process for approval of an

accessible absentee ballot system using the process prescribed by

Subchapter B, Chapter 122;

(2) a process for approval of modification in design

of approved systems prescribed by Subchapter C, Chapter 122; and

(3) a process for reexamination of approved systems

prescribed by Subchapter D, Chapter 122.

SECTION 2. Section 86.002, Election Code, is amended by

adding Subsection (a-1) to read as follows:

(a-1) The early voting clerk shall provide to a voter using

an accessible absentee ballot system under Section 81.006:

(1) the balloting materials required under this

section; and

(2) instructions prescribed by the secretary of state

for accessing the accessible absentee ballot system.

SECTION 3. Section 86.003(a), Election Code, is amended to

read as follows:

(a) The balloting materials for voting by mail shall be

provided to the voter by mail. Except for a ballot voted under

Section 81.006, a [ A ] ballot provided by any other method may not be

counted.

SECTION 4. Section 86.009, Election Code, is amended by

adding Subsection (g) to read as follows:

(g) The secretary of state by rule shall modify the

procedures required under this section if an accessible absentee

ballot system is used to deliver a ballot to a voter.

SECTION 5. This Act takes effect September 1, 2025.