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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of direct recording electronic voting machines. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 129, Election Code, is amended by adding |
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Sections 129.002 and 129.003 to read as follows: |
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Sec. 129.002. PAPER AUDIT TRAIL REQUIRED. (a) Except as |
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provided by Subsection (e), a voting system that consists of direct |
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recording electronic voting machines may not be used in an election |
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unless the system: |
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(1) has: |
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(A) been certified or otherwise approved by means |
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of qualification testing by a nationally recognized test |
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laboratory; and |
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(B) met or exceeded the minimum requirements |
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contained in "Performance and Test Standards for Punch Card, Mark |
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Sense, and Direct Recording Electronic Voting Systems" or a |
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successor voluntary standards document developed and adopted by the |
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Federal Election Commission, the Election Assistance Commission, |
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or the National Institute of Standards and Technology; and |
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(2) creates a contemporaneous auditable paper record |
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copy of each electronic ballot that allows a voter to confirm the |
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choices the voter made through both a visual and a nonvisual method, |
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such as through an audio component, before the voter casts the |
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ballot. |
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(b) A voter must be allowed to privately and independently |
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view the paper record copy required under Subsection (a)(2) without |
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being allowed to handle the copy. Once the voter has confirmed that |
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the paper record copy corresponds to the vote the voter has |
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indicated electronically, the vote may be recorded electronically |
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and the paper record copy must be deposited in a secure storage |
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container. If the voter finds that the paper record copy does not |
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correspond to the voter's choices indicated electronically, the |
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system must: |
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(1) invalidate or otherwise spoil the paper record |
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copy; |
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(2) allow the voter to review the choices the voter |
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made electronically; and |
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(3) generate a new paper record copy for the voter to |
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review as provided by this subsection. |
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(c) The paper record copy must: |
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(1) indicate the voter's choice on each office or |
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measure for which the voter cast a vote and indicate the offices and |
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measures for which the voter did not cast a vote; |
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(2) be printed in the same language that the voter used |
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to cast the voter's electronic vote; and |
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(3) be designed to be read electronically. |
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(d) Except for a recount under Title 13, the electronic vote |
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is the official record of the ballot. For a recount of ballots cast |
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on a system involving direct recording electronic voting machines, |
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the paper record copy is the official record of the vote cast. |
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(e) A system involving direct recording electronic voting |
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machines that was acquired before January 1, 2008, may be used in an |
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election without meeting the requirements of this section only if: |
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(1) a voter has the option of casting a paper ballot |
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instead of using the machine; |
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(2) a permanent record of each ballot is created at the |
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time the ballot is cast or during the local canvass of the votes; |
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(3) the system is subject to parallel monitoring; and |
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(4) at least 46 days before the date the system is to |
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be used for voting, the authority responsible for holding the |
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election submits a technical security plan for the system to the |
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secretary of state. |
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(f) The record created under Subsection (e)(2) may be in a |
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paper format or be an electronically recorded image. |
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Sec. 129.003. REQUIREMENTS FOR SYSTEM USING DIRECT |
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RECORDING ELECTRONIC VOTING MACHINES. (a) On request of the |
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secretary of state, the authority adopting a system that uses |
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direct recording electronic voting machines must provide: |
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(1) the source code for any software and firmware used |
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as part of the system; |
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(2) all documents relating to the federal |
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qualification process; and |
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(3) complete documentation of all hardware, software, |
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and firmware components, including detailed change logs, and |
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documentation regarding the development process. |
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(b) Not later than the 90th day before the date a system |
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using direct recording electronic voting machines will be used in |
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an election, the authority responsible for holding the election |
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shall submit to the secretary of state a physical security plan for |
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the system. |
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(c) Not later than the 46th day before the date a system |
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using direct recording electronic voting machines will be used in |
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an election, the authority responsible for holding the election |
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shall submit to the secretary of state: |
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(1) all changes or modifications to the system that |
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might impair the accuracy and efficiency of the system, unless the |
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secretary of state specifically provides otherwise; |
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(2) a training plan for election officers at each |
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polling place; and |
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(3) a communication plan explaining the manner in |
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which election officers at each polling place will communicate on |
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election day. |
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(d) A component of a system that uses direct recording |
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electronic voting machines may not: |
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(1) transmit or receive official election results |
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through an exterior communication network; |
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(2) permit wireless communication to be transmitted or |
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received; or |
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(3) be connected to the Internet. |
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(e) A provisional vote may not be cast on a direct recording |
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electronic voting machine. |
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(f) A disability access device must be connected to a direct |
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recording electronic voting machine before the machine is used for |
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voting. |
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(g) At each polling place at which a direct recording |
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electronic voting machine is used for voting, postings must |
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indicate the penalties for tampering with the machines in each |
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language used at that polling place for the ballot. |
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SECTION 2. This Act takes effect January 1, 2008. |