bill tightens voting machine testing

The text as introduced · 571 words

89R5308 MPF-D

By: Hall
S.B. No. 2208

A BILL TO BE ENTITLED

AN ACT

relating to the procedures for the testing of voting system

equipment.

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

SECTION 1. Section 127.094(b), Election Code, is amended to

read as follows:

(b) A group of test ballots , including ballots by mail,

shall be counted with the equipment using the program prepared for

processing the ballots voted in the election. The test ballots must

be printed on the same stock as the official ballots for the

election.

SECTION 2. 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 ;

(10) include the testing of optical scanners and

ballot marking devices, if applicable to the system being tested;

(11) require that each test ballot is marked and

labeled as a test ballot to ensure that it is not used to cast votes

in an election;

(12) require that, for a test ballot marked by hand,

the votes are cast and verified by a two-person testing board team;

and

(13) require that, if the general custodian of

election records discovers a discrepancy in the actual and expected

results under Subdivision (9), the general custodian of election

records must:

(A) reconcile or verify the discrepancy;

(B) provide a written explanation for the

discrepancy;

(C) publish the written explanation described by

Paragraph (B) on the county's Internet website; and

(D) immediately following the completion of the

test, conduct another test open to the public in accordance with the

procedures provided by this section .

(c-2) For purposes of Subsection (c-1), a representative

sample of voting system equipment consists of the lesser of 10 units

of voting system equipment or five percent of the total number of

units of voting system equipment to be used by the county in an

election.

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

an election that is ordered on or after the effective date of this

Act.

SECTION 4. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.