two new checks for the voting machine accuracy test

The text as introduced · 377 words

89R14956 MPF-F

By: Gerdes
H.B. No. 4985

A BILL TO BE ENTITLED

AN ACT

relating to the procedures for a public test of logic and accuracy

of a voting system for certain elections.

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

SECTION 1. Section 129.023, Election Code, is amended by

amending Subsection (c) and adding Subsection (c-2) to read as

follows:

(c) The general custodian of election records shall adopt

procedures for testing that:

(1) direct the testing board to cast votes;

(2) verify that each contest position, as well as each

precinct and ballot style, on the ballot can be voted and is

accurately counted;

(3) include overvotes and undervotes for each race, if

applicable to the system being tested;

(4) include write-in votes, when applicable to the

election;

(5) include provisional votes, if applicable to the

system being tested;

(6) calculate the expected results from the test

ballots;

(7) ensure that each voting machine has any public

counter reset to zero and presented to the testing board for

verification before testing;

(8) require that, for each feature of the system that

allows disabled voters to cast a ballot, at least one vote be cast

and verified by a two-person testing board team using that feature;

[ and ]

(9) require that, when all votes are cast, the general

custodian of election records and the testing board observe the

tabulation of all ballots and compare the actual results to the

expected results ; and

(10) verify that, for an election in which a poll list

in the form of an electronic device is used, the precinct and ballot

style associated with each voter on the poll list matches the

precinct and ballot style that will be provided to the voter on a

voting machine .

(c-2) A test conducted under this section for a runoff

primary election must also require the general custodian of

election records to verify that a poll list in the form of an

electronic device has the correct political party affiliation

information for each voter.

SECTION 2. The changes in law made by this Act apply only to

an election ordered on or after the effective date of this Act.

SECTION 3. This Act takes effect September 1, 2025.