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AN ACT
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relating to use of an electronic device for accepting voters; |
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authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 31, Election Code, is |
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amended by adding Section 31.014 to read as follows: |
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Sec. 31.014. CERTIFICATION OF ELECTRONIC DEVICES TO ACCEPT |
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VOTERS. (a) The secretary of state shall prescribe specific |
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requirements and standards, consistent with this code, for the |
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certification of an electronic device used to accept voters under |
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Chapter 63 that require the device to: |
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(1) produce an electronic copy of the list of voters |
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who were accepted to vote for delivery to the election judge after |
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the polls close; |
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(2) display the voter's original signature in |
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accordance with Section 63.002; |
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(3) accept a voter for voting even when the device is |
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off-line; |
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(4) provide the full list of voters registered in the |
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county with an indication of the jurisdictional or distinguishing |
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number for each territorial unit in which each voter resides; |
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(5) time-stamp when each voter is accepted at a |
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polling place, including the voter's unique identifier; |
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(6) if the county participates in the countywide |
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polling place program under Section 43.007 or has more than one |
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early voting polling place, transmit a time stamp when each voter is |
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accepted, including the voter's unique identifier, to all polling |
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place locations; |
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(7) time-stamp the receipt of a transmission under |
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Subdivision (6); and |
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(8) produce in an electronic format compatible with |
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the statewide voter registration list under Section 18.061 data for |
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retention and transfer that includes: |
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(A) the polling location in which the device was |
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used; |
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(B) the dated time stamp under Subdivision (5); |
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and |
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(C) the dated time stamp under Subdivision (7). |
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(b) A device described by this section must be certified |
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annually by the secretary of state. |
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(c) The secretary of state shall adopt rules that require a |
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device described by this section used during the early voting |
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period or under the countywide polling place program under Section |
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43.007 to update data in real time. If a county uses a device that |
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does not comply with the rule in two consecutive general elections |
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for state and county officers, the secretary of state shall assess a |
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noncompliance fee. The noncompliance fee shall be set at an amount |
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determined by secretary of state rule. |
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SECTION 2. Section 63.003, Election Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) The poll list may be in the form of an electronic device |
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approved by the secretary of state. The secretary of state shall |
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adopt rules governing the use of electronic poll lists. |
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SECTION 3. Section 63.004, Election Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) A combination form may be in the form of an electronic |
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device approved by the secretary of state. The secretary of state |
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shall adopt rules governing the minimum requirements and approval |
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of an electronic device used for any form used in connection with |
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the acceptance of voters at a polling place. |
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SECTION 4. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4130 was passed by the House on May |
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10, 2019, by the following vote: Yeas 141, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4130 was passed by the Senate on May |
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21, 2019, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |