By: West, Garcia	S.B. No. 506

	A BILL TO BE ENTITLED
	AN ACT
	relating to certain voting systems.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Sections 43.007(c) and (d), Election Code, are
	amended to read as follows:
	(c)  In conducting the program, the secretary of state shall
	provide for an audit of the voting system [direct recording
	electronic voting] units used, including any type of voting system
	unit described by Subsection (d)(4), before and after the election,
	and during the election to the extent such an audit is practicable.
	(d)  The secretary of state shall select to participate in
	the program each county that:
	(1)  has held a public hearing under Subsection (b);
	(2)  has submitted documentation listing the steps
	taken to solicit input on participating in the program by
	organizations or persons who represent the interests of voters;
	(3)  has implemented a computerized voter registration
	list that allows an election officer at the polling place to verify
	that a voter has not previously voted in the election;
	(4)  uses either direct recording electronic voting
	machines or a voting system capable of printing all available
	ballot styles of that polling place; and
	(5)  is determined by the secretary of state to have the
	appropriate technological capabilities.
	SECTION 2.  Section 121.003, Election Code, is amended by
	adding Subdivisions (13) and (14) to read as follows:
	(13)  "Precinct ballot counter" means a voting system
	under which paper ballots are deposited into a ballot scanner
	attached to a secure ballot box.
	(14)  "Central accumulator" means a part of a voting
	system that tabulates and consolidates the vote totals for multiple
	precincts.
	SECTION 3.  Section 122.001, Election Code, is amended by
	adding Subsection (f) to read as follows:
	(f)  A voting system that uses a central accumulator may not
	be used in an election unless the central accumulator creates in
	real time an audit log including a date and time stamp of each
	significant election event as determined by the secretary of state.
	SECTION 4.  Chapter 125, Election Code, is amended by adding
	Subchapter D to read as follows:
	SUBCHAPTER D. VOTING SYSTEM USING PRECINCT BALLOT COUNTER
	Sec. 125.101.  VOTING SYSTEM USING PRECINCT BALLOT COUNTER.
	(a)  A voting system that uses a precinct ballot counter must
	comply with the requirements of this subchapter in addition to
	other applicable procedures prescribed by this code.
	(b)  To the extent not in conflict with this subchapter, a
	provision of this code applicable to an electronic voting system is
	applicable to a voting system that uses a precinct ballot counter.
	Sec. 125.102.  PRECINCT BALLOT COUNTER USED DURING EARLY
	VOTING BY PERSONAL APPEARANCE. (a)  This section applies only to
	voting during the period for early voting by personal appearance.
	(b)  A precinct ballot counter must be properly secured to
	prevent tampering or the unauthorized deposit of ballots.
	(c)  The early voting clerk or deputy early voting clerk must
	inspect a precinct ballot counter before voting begins on each day
	to ensure that the precinct ballot counter:
	(1)  is properly locked with two locks, each with a
	different key;
	(2)  is properly sealed to detect an unauthorized
	opening of the box; and
	(3)  registers that no votes have been cast on that day.
	(d)  At the conclusion of voting on each day, the presiding
	judge shall:
	(1)  print a report from the precinct ballot counter
	showing the number of ballots cast on that day; and
	(2)  ensure that the precinct ballot counter is
	properly locked, sealed, and powered off to prevent tampering or
	the unauthorized deposit of ballots.
	(e)  If a precinct ballot counter is not able to print the
	report described by Subsection (d)(1), an election officer shall
	complete a daily ballot count manually and generate a report. A
	report described by this subsection must be signed by at least two
	election officers each time an entry is made and may be signed by
	any poll watchers present.
	(f)  The secretary of state shall prescribe the form of the
	report described by Subsection (d)(1).
	(g)  The early voting clerk or deputy early voting clerk may
	not print a results tape from a precinct ballot counter.
	Sec. 125.103.  PROCEDURES BEFORE VOTING BEGINS ON ELECTION
	DAY. The presiding election judge must inspect a precinct ballot
	counter before voting begins on election day to ensure that the
	precinct ballot counter:
	(1)  is properly locked and sealed; and
	(2)  registers that no votes have been cast.
	Sec. 125.104.  ACCEPTING BALLOT. (a)  A precinct ballot
	counter must be designed to accept or reject a voter's ballot
	according to programmed instructions. The programmed instructions
	shall reject and return to the voter a ballot that is blank or
	overvoted.
	(b)  A voter whose ballot is rejected by a precinct ballot
	counter may:
	(1)  attempt to correct the ballot;
	(2)  return the ballot to an election officer as a
	spoiled ballot and request a replacement ballot, except as provided
	by Subsection (c); or
	(3)  request that an election officer override the
	rejection and instruct the precinct ballot counter to accept the
	ballot as voted.
	(c)  A voter may not be given a replacement ballot under
	Subsection (b)(2) if the voter has already been provided with two
	replacement ballots under that subsection for the election.  A
	voter who has reached the limit for replacement ballots must follow
	the procedure provided by Subsection (b)(3).
	SECTION 5.  Chapter 127, Election Code, is amended by adding
	Subchapter I to read as follows:
	SUBCHAPTER I. PROCESSING RESULTS OF VOTING SYSTEM USING PRECINCT
	BALLOT COUNTER
	Sec. 127.251.  PRECINCT BALLOT COUNTER. (a)  This
	subchapter applies to the processing of election results in a
	voting system using a precinct ballot counter.
	(b)  The secretary of state shall prescribe any necessary
	procedures, in addition to those prescribed by this subchapter, for
	processing the election results.
	Sec. 127.252.  PROCEDURES AFTER VOTING COMPLETED.
	(a)  After the last voter has voted on election day, the presiding
	judge must secure a precinct ballot counter to ensure that no
	additional votes can be cast.
	(b)  If the votes cast on a precinct ballot counter are not to
	be counted at a central counting station, the presiding judge shall
	print three copies of the tape containing the ballot tabulation
	from the precinct ballot counter for purposes of checking for a
	discrepancy under Section 127.156. If a discrepancy is found as
	provided by that section, the official tabulation shall be
	conducted in the manner provided by Section 127.157.
	Sec. 127.253.  PROCESSING RESULTS AT CENTRAL COUNTING
	STATION. If votes cast on a precinct ballot counter are to be
	counted at a central counting station, the procedures established
	for counting votes under Subchapters C and E must be followed.
	Sec. 127.254.  EARLY VOTING BALLOTS COUNTED BY EARLY VOTING
	BALLOT BOARD. (a)  At the time tabulation is to begin, the
	presiding judge of the early voting ballot board shall inspect the
	precinct ballot counter to determine whether the seals are intact
	and that they match the serial numbers listed on the ballot and seal
	certificate. If the seals are not intact, the ballots must be
	counted with another tabulation device.
	(b)  If the seals are intact, the presiding judge shall print
	a report from the precinct ballot counter to verify that no
	unauthorized ballots have been cast since the conclusion of early
	voting by personal appearance.
	(c)  If the report printed under Subsection (b) shows that no
	unauthorized ballots were cast on the precinct ballot counter, the
	presiding judge shall print three copies of the tape containing the
	ballot tabulation from the precinct ballot counter for purposes of
	checking for a discrepancy under Section 127.156.
	(d)  If no discrepancy under Section 127.156 requires the
	official tabulation of ballots to be conducted at a central
	counting station as provided by Section 127.157, the presiding
	judge shall use the printed results tapes, and any tally sheets used
	for the manual counting of write-in votes, to prepare the early
	voting precinct returns.
	Sec. 127.255.  EARLY VOTING BALLOTS COUNTED AT CENTRAL
	COUNTING STATION. If early voting ballots cast on a precinct ballot
	counter are to be counted at a central counting station, the
	procedures established for counting votes under Subchapters C and E
	must be followed.
	Sec. 127.256.  COUNTING OF EARLY VOTING BALLOTS VOTED BY
	MAIL. (a)  A precinct ballot counter may be used to count early
	voting ballots voted by mail.
	(b)  A precinct ballot counter used during early voting by
	personal appearance may be used to count early voting ballots voted
	by mail if:
	(1)  all appropriate documentation, including rosters
	and voting history, are maintained separately for early ballots
	cast by mail and by personal appearance;
	(2)  the authority counting the ballots prints a report
	from the precinct ballot counter showing that no unauthorized
	ballots were cast on the precinct ballot counter after the close of
	early voting by personal appearance; and
	(3)  the authority counting the ballots removes all
	ballots cast during early voting by personal appearance from the
	precinct ballot counter and places them in a secured container.
	(c)  The presiding judge of the authority counting the
	ballots shall place the early voting ballots voted by mail in the
	precinct ballot counter to be scanned and counted.
	(d)  On completion of the scanning, the early voting ballots
	voted by mail shall be removed from the precinct ballot counter and
	placed in a secured container. The container may be the same as the
	container described by Subsection (b)(3), but early voting ballots
	voted by personal appearance must be maintained separately from the
	early voting ballots voted by mail.
	(e)  The presiding judge of the authority counting the
	ballots shall print two copies of the tape containing the ballot
	tabulation from the precinct ballot counter to verify that the
	total number of ballots scanned is equal to the sum of the total
	number of ballots scanned from early voting by personal appearance
	and the total number of ballots scanned from early voting by mail on
	the precinct ballot counter.
	(f)  Any deviation from the procedures described by this
	section must be approved by the secretary of state.
	SECTION 6.  Section 127.067, Election Code, is amended by
	adding Subsection (d) to read as follows:
	(d)  An audit log produced by a central accumulator is
	considered part of the election records.
	SECTION 7.  Subchapter E, Chapter 127, Election Code, is
	amended by adding Section 127.1302 to read as follows:
	Sec. 127.1302.  PREPARING AUDIT LOG. (a)  A poll watcher
	may request a printed copy of an audit log produced by a central
	accumulator:
	(1)  before any votes are tabulated;
	(2)  after early voting results are tabulated; and
	(3)  immediately following the completion of the vote
	tabulation.
	(b)  After the automatic counting of ballots for each
	precinct is completed, the manager of a central counting station
	shall print a copy of the entire audit log to retain with other
	election records.
	SECTION 8.  Section 129.054, Election Code, is amended to
	read as follows:
	Sec. 129.054.  NETWORK CONNECTIONS AND WIRELESS TECHNOLOGY.
	(a)  A voting system, including any voting system used in the
	countywide polling place program, may not be connected to any
	external communications network, including the Internet.
	(b)  A voting system, including any voting system used in the
	countywide polling place program, may not have the capability of
	permitting wireless communication unless the system uses
	line-of-sight infrared technology that shields the transmitter and
	receiver from external infrared transmissions and the system can
	only accept transmissions generated by the system.
	SECTION 9.  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, 2017.