bill banning electronic poll books and ballot marking devices

The text as introduced · 537 words

89R2491 MPF-D

By: Hall
S.B. No. 77

A BILL TO BE ENTITLED

AN ACT

relating to the use of paper ballots and certain electronic devices

in conducting an election.

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

SECTION 1. Section 52.075, Election Code, is amended to

read as follows:

Sec. 52.075. MODIFICATION OF BALLOT FORM FOR CERTAIN VOTING

SYSTEMS. (a) The secretary of state may prescribe the form and

content of a ballot for an election using a voting system, including

an electronic voting system or a voting system that uses direct

recording electronic voting machines [ or ballot marking devices ],

to conform to the formatting requirements of the system.

(b) In this section, [ "ballot marking device," ] "direct

recording electronic voting machine," "electronic voting system,"

and "voting system" have the meanings assigned by Section 121.003.

SECTION 2. Section 63.002(d), Election Code, is amended to

read as follows:

(d) A [ The ] signature roster [ may be ] in the form of an

electronic device may not be used in an election [ approved by the

secretary of state that is capable of capturing a voter's signature

next to the voter's name on the device. The secretary of state shall

adopt rules governing the processing of electronic signatures

captured under this subsection ].

SECTION 3. Section 63.003(d), Election Code, is amended to

read as follows:

(d) A [ The ] poll list [ may be ] in the form of an electronic

device may not be used in an election [ approved by the secretary of

state. The secretary of state shall adopt rules governing the use

of electronic poll lists ].

SECTION 4. Section 63.004(e), Election Code, is amended to

read as follows:

(e) A combination form [ may be ] in the form of an electronic

device may not be used in an election [ approved by the secretary of

state. The secretary of state shall adopt rules governing the

minimum requirements and approval of an electronic device used for

any form used in connection with the acceptance of voters at a

polling place ].

SECTION 5. Subchapter A, Chapter 125, Election Code, is

amended by adding Sections 125.0071 and 125.011 to read as follows:

Sec. 125.0071. PROVISION OF PAPER BALLOT. An election

officer at a polling place where an electronic voting system is used

must provide a paper ballot to each voter who requests one. A paper

ballot provided under this section must be printed at the time the

request is made and, after being voted by the voter, must be scanned

at the polling place with an optical scanner.

Sec. 125.011. USE OF BALLOT MARKING DEVICE. A voting system

that consists of a ballot marking device may not be used in an

election.

SECTION 6. Section 31.014, Election Code, is repealed.

SECTION 7. The changes in law made by this Act apply only to

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

election held before the effective date of this Act is governed by

the law in effect when the election was held, and that law is

continued in effect for that purpose.

SECTION 8. This Act takes effect September 1, 2025.