hand counts jump from 1 percent to 10 percent

The text as introduced · 560 words

89R15115 MPF-D

By: Lowe
H.B. No. 5029

A BILL TO BE ENTITLED

AN ACT

relating to the partial count of electronic voting system ballots.

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

SECTION 1. Section 127.201, Election Code, is amended by

amending Subsections (a) and (b) and adding Subsections (a-1) and

(a-2) to read as follows:

(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 contested races and propositions in

a federal, state, county, and local election on the ballot, as

applicable, [ all the races ] in at least 10 [ one ] percent of the

election precincts or in 10 [ three ] precincts, whichever is

greater, in which the electronic voting system was used. The

custodian shall select at least one contested race or proposition

in a federal, state, county, and local election on the ballot, as

applicable, and the 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.

[ Subsection (b) supersedes this subsection to the extent of a

conflict. ]

(a-1) The general custodian of election records shall, not

later than the 48th hour before the custodian selects the races,

propositions, and precincts under Subsection (a), post in the

custodian's office and on the county's Internet website or, if the

county does not maintain an Internet website, on the bulletin board

used for posting notices of the meetings of the commissioners court

notice of the date, hour, and location of the selection.

(a-2) The selection of races, propositions, and precincts

under Subsection (a) shall be open to the public and streamed with

live video and audio on the county's Internet website, if the county

maintains an Internet website. The general custodian of election

records shall encourage the public to observe or participate in the

selection process.

(b) In addition to the selection by the general custodian of

election records under Subsection (a) [ 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, at least 10

contested races and 10 propositions on the ballot in a federal or

state election to be manually counted at the precincts selected

under Subsection (a). If there are fewer than 10 contested races or

10 propositions on the ballot, the secretary of state shall select

all of the races or propositions, as applicable [ the 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 precincts ]. The secretary shall notify the

general custodian of election records of the [ precincts, ]

offices[ , ] and propositions selected under this subsection not

later [ earlier ] than 5 p.m. of the day after election day.

SECTION 2. Section 127.201(c), Election Code, is repealed.

SECTION 3. The changes in law made by this Act apply only to

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

SECTION 4. This Act takes effect September 1, 2025.