reglab/statecodes huggingface dataset:
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter E. Processing Results at Central Counting Station › Section 127.128. Ballots Tabulated by Precinct

Sec. 127.128.  BALLOTS TABULATED BY PRECINCT.  The automatically counted ballots shall be separately tabulated according to election precinct.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter E. Processing Results at Central Counting Station › Section 127.129. Correction of Results After Equipment Malfunction

Sec. 127.129.  CORRECTION OF RESULTS AFTER EQUIPMENT MALFUNCTION.  The secretary of state shall prescribe procedures for correcting results after the discovery of an equipment malfunction that caused the results to be incorrect.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter E. Processing Results at Central Counting Station › Section 127.130. Manual Counting

Sec. 127.130.  MANUAL COUNTING.  (a)  Electronic system ballots that are not to be counted automatically and the write-in votes not counted at the polling places shall be counted manually at the central counting station.
(b)  If the automatic counting of electronic system ballots becomes impracticable for any reason, the manager may direct that the ballots be counted manually at the central counting station.
(c)  The procedure for manual counting is the same as that for regular paper ballots to the extent practicable.  The manager is responsible for the manual counting of ballots at the central counting station.
(c-1)  In any manual count conducted under this code, an irregularly marked vote on a ballot on which a voter indicates a vote by making a mark on the ballot is considered in the same manner as provided by Section 65.009.
(d)  Repealed by Acts 2005, 79th Leg., Ch. 1107, Sec. 2.21(1), eff. January 1, 2006.
(e)  Repealed by Acts 2005, 79th Leg., Ch. 1107, Sec. 2.21(1), eff. January 1, 2006.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 728, Sec. 52, eff. Sept. 1, 1993;  Acts 2003, 78th Leg., ch. 1315, Sec. 51, eff. Jan. 1, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 1107 (H.B. 2309), Sec. 2.21(1), eff. January 1, 2006.
For expiration of Subsections (d) and (e), see Subsection (e).
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter E. Processing Results at Central Counting Station › Section 127.1301. Centrally Counted Optical Scan Ballots

Sec. 127.1301.  CENTRALLY COUNTED OPTICAL SCAN BALLOTS.  (a)  In an election using centrally counted optical scan ballots, the undervotes and overvotes on those ballots shall be tallied, tabulated, and reported by race and by election precinct in the form and manner prescribed by the secretary of state.
(b)  An authority operating a central counting station under this chapter may only purchase or use a ballot scan system if the system is only capable of using a data transfer media device that:
(1)  once a cast vote record is written, is incapable of being modified without automatic:
(A)  detection of the modification; and
(B)  rejection of the cast vote record; and
(2)  does not allow for the process under Subdivision (1) to be overridden or circumvented.
(c)  An authority that purchases system components in order to comply with this section is eligible to have 100 percent of the cost of those system components reimbursed.
(d)  Subsection (b) applies starting on the earlier of:
(1)  the date on which the state certifies the first centrally counted optical ballot scan system under this section; or
(2)  September 1, 2026.
(e)  This subsection and Subsection (d) expire October 1, 2026.
Added by Acts 2001, 77th Leg., ch. 1054, Sec. 8, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1107 (H.B. 2309), Sec. 2.14, eff. January 1, 2006.
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 4.14, eff. December 2, 2021.
Acts 2023, 88th Leg., R.S., Ch. 942 (S.B. 1661), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter E. Processing Results at Central Counting Station › Section 127.131. Preparing Returns

Sec. 127.131.  PREPARING RETURNS.  (a)  After the automatic counting of ballots for each precinct is completed, the presiding judge of the central counting station shall prepare the election returns for that precinct and sign the returns to certify their accuracy.
(b)  In addition to the results of the automatically counted votes, the returns must include the results of the manually counted votes.
(c)  The same number of copies of the returns shall be prepared as for a precinct polling place using regular paper ballots.
(d)  The returns may not be certified until a valid automatic count is obtained or a manual count is completed, as appropriate.
(e)  If the automatic tabulating equipment produces a printout that contains all information required to appear on the election returns, the printout with the addition of the manually counted votes constitutes the return.
(f)  The presiding judge of the central counting station shall provide and attest to a written reconciliation of votes and voters at the close of tabulation for election day and again after the central counting station meets for the last time to process late-arriving ballots by mail and provisional ballots.  The secretary of state shall create and promulgate rules and a form to facilitate compliance with this subsection.  The form shall be posted on a website maintained by the county along with election returns and results.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 4.15, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter E. Processing Results at Central Counting Station › Section 127.1311. Announcing Unofficial Results

Sec. 127.1311.  ANNOUNCING UNOFFICIAL RESULTS.  (a)  Except as provided by Subsection (b), unofficial election results shall be released as soon as they are available after the polls close.
(b)  The presiding judge of the central counting station, in cooperation with the county clerk, may withhold the release of unofficial election results until the last voter has voted.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1002 (H.B. 2194), Sec. 12, eff. September 1, 2011.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter E. Processing Results at Central Counting Station › Section 127.132. Disposition of Ballots, Returns, and Other Records

Sec. 127.132.  DISPOSITION OF BALLOTS, RETURNS, AND OTHER RECORDS.  (a)  The presiding judge of a central counting station shall distribute the voted ballots, election returns, and other election records from the counting station to the appropriate authorities.
(b)  The voted ballots, election returns, poll list, tally lists for manually counted votes, and other election records shall be delivered to the authorities who receive the corresponding records from precinct polling places using regular paper ballots.
(c)  The election records delivered to the general custodian of election records may be delivered in any container approved by the secretary of state for that purpose.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 54, Sec. 22, eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter F. Processing Results in System Without Centralized Counting › Section 127.151. Applicability of Subchapter; Procedures Prescribed by Secretary of State

Sec. 127.151.  APPLICABILITY OF SUBCHAPTER;  PROCEDURES PRESCRIBED BY SECRETARY OF STATE.  (a)  This subchapter applies to the processing of election results in electronic voting systems that do not entail the counting of ballots at central locations established under Subchapter A.
(b)  An electronic voting system used under this subchapter must require voters to deposit the ballots directly into a unit of automatic tabulating equipment.  The tabulating equipment shall be programmed to return an irregularly marked ballot to the voter.
(c)  The secretary of state shall prescribe any necessary procedures, in addition to those prescribed by this subchapter, for processing the election results.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 484, Sec. 8, eff. Sept. 1, 1987;  Acts 2001, 77th Leg., ch. 1054, Sec. 9, eff. Sept. 1, 2001.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter F. Processing Results in System Without Centralized Counting › Section 127.152. Test of Tabulating Equipment Required

Sec. 127.152.  TEST OF TABULATING EQUIPMENT REQUIRED.  (a)  Each unit of automatic tabulating equipment shall be tested, using all applicable ballot formats, in accordance with the testing procedures prescribed by Subchapter D to the extent those procedures can be made applicable.
(b)  The general custodian of election records shall conduct the first test.  The presiding election judge shall conduct the second and third tests at the polling place.  If the second and third tests are not conducted in accordance with this subsection, the automatic tabulating equipment shall be used to count the ballots at a central location in accordance with Subchapter A unless the secretary of state determines that a particular test at the polling place is not feasible for the automatic tabulating equipment.
(c)  The general custodian of election records shall preserve the test materials for at least one year after election day or for at least 22 months after election day for an election involving a federal office.
Added by Acts 1987, 70th Leg., ch. 484, Sec. 8, eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter F. Processing Results in System Without Centralized Counting › Section 127.153. Test Repeated if Equipment Malfunctions

Sec. 127.153.  TEST REPEATED IF EQUIPMENT MALFUNCTIONS.  If the tabulating of ballots must be restarted because of an equipment or system malfunction or any other reason, the tests required by Section 127.152 shall be repeated.
Added by Acts 1987, 70th Leg., ch. 484, Sec. 8, eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter F. Processing Results in System Without Centralized Counting › Section 127.154. Identification Numbers Required for Equipment

Sec. 127.154.  IDENTIFICATION NUMBERS REQUIRED FOR EQUIPMENT.  (a)  Each unit of automatic tabulating equipment must have a permanent identification number.  Each part of that equipment that contains the ballot tabulation must also have a permanent identification number.
(b)  Each of the identification numbers shall be recorded on the appropriate ballot and seal certificate.
(c)  A ballot tabulation produced by automatic tabulating equipment that does not comply with Subsection (a) may not be used.
Added by Acts 1987, 70th Leg., ch. 484, Sec. 8, eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter F. Processing Results in System Without Centralized Counting › Section 127.155. Presiding Judge to Sign Tape

Sec. 127.155.  PRESIDING JUDGE TO SIGN TAPE.  (a)  The presiding judge shall sign any tape containing the ballot tabulation that is produced by the automatic tabulating equipment.
(b)  The presiding judge shall retain a copy of the tape.
Added by Acts 1987, 70th Leg., ch. 484, Sec. 8, eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter F. Processing Results in System Without Centralized Counting › Section 127.156. Tabulation at Central Counting Station if Discrepancy Exists in Ballot Totals

Sec. 127.156.  TABULATION AT CENTRAL COUNTING STATION IF DISCREPANCY EXISTS IN BALLOT TOTALS.  If a discrepancy of more than three exists between the number of ballots recorded on the ballot and seal certificate and the number of ballots cast on the tape containing the ballot tabulation that is produced by the automatic tabulating equipment, the official tabulation of those ballots shall be conducted at a central counting station.
Added by Acts 1987, 70th Leg., ch. 484, Sec. 8, eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter F. Processing Results in System Without Centralized Counting › Section 127.157. Processing Irregularly Marked Ballots

Sec. 127.157.  PROCESSING IRREGULARLY MARKED BALLOTS.  (a)  This section applies only to a voting system that allows voters to deposit the ballots directly into a unit of automatic tabulating equipment.
(b)  While the polls are open or as soon as practicable after the polls close, the counted ballots shall be removed from the ballot box and examined for irregularly marked ballots.  The ballot box may not be opened for the purpose of examining the ballots unless there are at least 10 ballots in the box.
(c)  If an election officer determines that two or more ballots were improperly tabulated because of irregular marks, the irregularly marked ballots shall be separated from the ballots that were marked properly, and all of the ballots shall be delivered to a central counting station.
(d)  At the central counting station, the irregularly marked ballots shall be duplicated, and the ballots shall be processed in accordance with Section 127.126. The duplicate ballots shall be automatically counted with the remainder of the ballots at the central counting station.  The tabulation conducted at the central counting station is considered to be the official tabulation for those ballots.
(e)  If only one ballot has been improperly tabulated because of an irregular mark, the ballot shall be placed in an envelope as prescribed by the secretary of state.  The envelope must include the irregularly marked ballot and a form that identifies the nature and date of the election, ballot serial number, and applicable offices.  The envelope shall be delivered to a central counting station.  At the central counting station, the ballot shall be examined and adjustments shall be made to the totals certified by the election judge to indicate the intent of the voter.  The election results for the affected precinct shall be manually entered into the election processing system, but the original election returns may not be altered.  The envelope containing the ballot and form shall be placed in the ballot box with the regular voted ballots and shall be preserved with those ballots for the same period.
Added by Acts 1991, 72nd Leg., ch. 632, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter H. Additional Count of Electronic Voting System Ballots › Section 127.201. Partial Count of Electronic Voting System Ballots by General Custodian

Sec. 127.201.  PARTIAL COUNT OF ELECTRONIC VOTING SYSTEM BALLOTS BY GENERAL CUSTODIAN.  (a)  To ensure the accuracy of the tabulation of electronic voting system results, the general custodian of election records shall conduct a manual count of all the races in at least one percent of the election precincts or in three precincts, whichever is greater, in which the electronic voting system was used.  The custodian shall select the precincts at random and shall begin the count not later than 72 hours after the polls close.  The count shall be completed not later than the 21st day after election day.  Subsection (b) supersedes this subsection to the extent of a conflict.
(b)  In a general election for state and county officers, primary election, or election on a proposed amendment to the state constitution or other statewide measure submitted by the legislature, the secretary of state shall select, in accordance with rules adopted by the secretary, the precincts to be counted under Subsection (a).  The secretary shall designate not more than three offices and not more than three propositions to be counted in the selected precincts.  The secretary shall notify the general custodian of election records of the precincts, offices, and propositions selected under this subsection not earlier than the day after election day.
(c)  On selection or notification, as applicable, of the precincts to be counted, the general custodian of election records shall post in the custodian's office a notice of the date, hour, and place of the count.
(d)  Each candidate in the election is entitled to be present at the count and is entitled to have a representative present.  A representative must deliver a certificate of appointment to the general custodian at the time the representative reports for service.  The certificate must be in writing and must include:
(1)  the printed name and signature of the representative;
(2)  the election subject to the count;  and
(3)  the printed name and signature of the candidate making the appointment.
(e)  Not later than the third day after the date the count is completed, the general custodian of election records shall deliver a written report of the results of the count to the secretary of state.
(f)  Repealed by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 10.01(3), eff. December 2, 2021.
(g)  This section does not apply to the tabulation of electronic voting system results for a voting system that uses direct recording electronic voting machines.
Added by Acts 1987, 70th Leg., ch. 484, Sec. 9, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 728, Sec. 53, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1349, Sec. 49, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2817), Sec. 26, eff. September 1, 2011.
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 10.01(3), eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter H. Additional Count of Electronic Voting System Ballots › Section 127.202. Count of Electronic Voting System Ballots by Secretary of State

Sec. 127.202.  COUNT OF ELECTRONIC VOTING SYSTEM BALLOTS BY SECRETARY OF STATE.  (a)  To ensure the accuracy of the tabulation of electronic voting system results, the secretary of state or the secretary's designee may conduct a manual or automatic count of any portion of any number of ballots from any precinct in which the electronic voting system was used.
(b)  The count may be conducted at any time during the period for preserving the applicable precinct election records.
(c)  The general custodian of election records is entitled to be present at the count.
Added by Acts 1987, 70th Leg., ch. 484, Sec. 9, eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter I. Risk-Limiting Audit › Section 127.301. Applicability of Subchapter

Sec. 127.301.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies to an election:
(1)  that occurs after August 31, 2026;
(2)  that contains a race or measure that is voted on statewide; and
(3)  in which an auditable voting system described by Section 129.003(a) is used.
Added by Acts 2021, 87th Leg., R.S., Ch. 573 (S.B. 598), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter I. Risk-Limiting Audit › Section 127.302. Risk-Limiting Audit

Sec. 127.302.  RISK-LIMITING AUDIT.  (a)  Not later than 24 hours after all ballots have been counted in an election, the general custodian of election records shall conduct a risk-limiting audit for a selected statewide race or measure.
(b)  The secretary of state shall select, in accordance with rules adopted by the secretary, the precincts to be counted and the office or proposition to be counted.
(c)  The general custodian of election records shall complete the audit not later than 24 hours before the time for conducting the canvass of the election.
(d)  The general custodian of election records shall post a notice of the date, hour, and place of the audit in the custodian's office and on the county's Internet website, if the county maintains a website.
(e)  A watcher may be present for the audit if appointed by a candidate in the election.  A watcher must deliver a certificate of appointment to the general custodian of election records at the time the watcher reports for service.  The certificate must be in writing and must include:
(1)  the printed name and signature of the watcher;
(2)  the election subject to the audit; and
(3)  the printed name and signature of the candidate making the appointment.
(f)  The secretary of state may appoint personnel to assist with the audit, including applicable voting system technicians or representatives and persons who have assisted with the design and implementation of the audit.
Added by Acts 2021, 87th Leg., R.S., Ch. 573 (S.B. 598), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter I. Risk-Limiting Audit › Section 127.303. Rules

Sec. 127.303.  RULES.  (a)  The secretary of state shall adopt rules prescribing procedures necessary to implement this subchapter.
(b)  Rules adopted under this subchapter must include a rule, using widely accepted statistical methods, that provides for the number or percentage of paper records that must be counted in a risk-limiting audit under Section 127.302.
Added by Acts 2021, 87th Leg., R.S., Ch. 573 (S.B. 598), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter I. Risk-Limiting Audit › Section 127.304. Publication of Results

Sec. 127.304.  PUBLICATION OF RESULTS.  The results of a risk-limiting audit conducted under this subchapter must be published on the Internet website of the secretary of state not later than three days after the completion of the audit.
Added by Acts 2021, 87th Leg., R.S., Ch. 573 (S.B. 598), Sec. 1, eff. September 1, 2021.
For expiration of this section, see Subsection (e).
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter I. Risk-Limiting Audit › Section 127.305. Pilot Program

Sec. 127.305.  PILOT PROGRAM.  (a)  Notwithstanding Section 127.301(1), the secretary of state shall conduct a pilot program, beginning with the election taking place November 8, 2022, of the risk-limiting audit program created under this subchapter.
(b)  The secretary of state shall select at least five counties to participate in the pilot program.  At least one county participating in the pilot program must have a population of at least 500,000.
(c)  After each election conducted under the pilot program, the secretary of state shall send a detailed report to each member of the legislature evaluating the success of the program and making a recommendation as to whether the legislature should act to delay the statewide implementation of the program.
(d)  The secretary of state shall adopt rules as necessary to implement this section.
(e)  This section expires August 31, 2026.
Added by Acts 2021, 87th Leg., R.S., Ch. 573 (S.B. 598), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter I. Risk-Limiting Audit › Section 127.306. Waiver Not Permitted

Sec. 127.306.  WAIVER NOT PERMITTED.  The secretary of state may not waive any requirements of this subchapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 573 (S.B. 598), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 127 - Processing Electronic Voting System Results › Subchapter J. Randomized Audits › Section 127.351. Randomized County Audits

Sec. 127.351.  RANDOMIZED COUNTY AUDITS.  (a)  Immediately after the uniform election date in November of an even-numbered year, the secretary of state shall conduct an audit of the elections held on the uniform election date in four counties during the previous two years.
(b)  The secretary of state shall select the counties to be audited under Subsection (a) at random, except that:
(1)  two of the counties selected must have a total population of less than 300,000;
(2)  two of the counties selected must have a total population of 300,000 or more; and
(3)  a county selected in the most recent audit cycle may not be selected in the current audit cycle.
(c)  A county selected to be audited may not pay the cost of performing an audit under this section.
(d)  If the secretary of state completes the audit of a county under Subsection (b)(1) before the end of a two-year period, the secretary may randomly select another county with a total population of less than 300,000 to be audited.
(e)  If not later than July 31 of the first odd-numbered year following the commencement of an audit under this section, the audit findings demonstrate to the secretary of state that a recurring pattern of problems with election administration or voter registration, as described under Section 31.017(a)(3), exists in an audited county and the problems impede the free exercise of a citizen's voting rights, the secretary:
(1)  shall:
(A)  publicly release the preliminary findings of the audit; and
(B)  recommend the county for administrative oversight under Subchapter A, Chapter 31; and
(2)  may conduct an audit of other elections held in the county in the previous two years, as determined necessary by the secretary.
(f)  The secretary of state shall adopt rules as necessary to implement this section.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 3.19, eff. December 2, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 957 (S.B. 1933), Sec. 4, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 128 - Computerized Voting Systems › Section 128.001. Computerized Voting System Standards

Sec. 128.001.  COMPUTERIZED VOTING SYSTEM STANDARDS.  (a)  The secretary of state shall prescribe procedures to allow for the use of a computerized voting system.  The procedures must provide for the use of a computerized voting system with:
(1)  multiple voting terminals for the input of vote selections on the ballot presented by a main computer;  and
(2)  a main computer to coordinate ballot presentation, vote selection, ballot image storage, and result tabulation.
(b)  Notwithstanding Chapter 66, a system under this section may allow for the storage of processed ballot materials in an electronic form on the main computer.
(c)  The secretary of state may modify existing procedures as necessary to allow the use of a system authorized by this chapter.
Added by Acts 1997, 75th Leg., ch. 1349, Sec. 50, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 129 - Direct Recording Electronic Voting Machines › Subchapter A. General Provisions › Section 129.001. Applicability

Sec. 129.001.  APPLICABILITY.  (a)  This chapter applies only to a voting system that uses direct recording electronic voting machines.
(b)  To the extent possible, the procedures applicable to an electronic voting system under Chapter 127 are applicable to a voting system under this chapter.
Added by Acts 2001, 77th Leg., ch. 1054, Sec. 10, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 682 (H.B. 2524), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 129 - Direct Recording Electronic Voting Machines › Subchapter A. General Provisions › Section 129.002. General Procedures

Sec. 129.002.  GENERAL PROCEDURES.  (a)   Each direct recording electronic voting machine must provide the voter with a screen in summary format of the voter's choices for the voter to review before the vote is actually cast.
(b)  During the early voting period, the early voting clerk shall conduct a daily audit of the direct recording electronic voting machines used in the election to ensure proper correspondence among the numbers of ballots provided on the machines, names on the poll list, and ballots cast on the machines.
(c)  The secretary of state shall prescribe any procedures necessary to implement this chapter and to ensure the orderly and proper administration of elections using direct recording electronic voting machines.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 682 (H.B. 2524), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 129 - Direct Recording Electronic Voting Machines › Subchapter B. Pre-Election Acceptance And › Section 129.021. Acceptance Testing

Sec. 129.021.  ACCEPTANCE TESTING.  Immediately after receiving a voting system from a vendor, the general custodian of election records shall:
(1)  verify that the system delivered is certified by the secretary of state;
(2)  perform a hardware diagnostic test on the system as provided by Section 129.022(b);
(3)  perform a public test of logic and accuracy on the system as provided by Section 129.023; and
(4)  perform any additional test that the secretary of state may prescribe.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 682 (H.B. 2524), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 129 - Direct Recording Electronic Voting Machines › Subchapter B. Pre-Election Acceptance And › Section 129.022. Hardware Diagnostic Test

Sec. 129.022.  HARDWARE DIAGNOSTIC TEST.  (a)  The general custodian of election records shall conduct a successful hardware diagnostic test before a voting system is used in an election.
(b)  The hardware diagnostic test must ensure that each part of the system functions properly as prescribed by the secretary of state.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 682 (H.B. 2524), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 129 - Direct Recording Electronic Voting Machines › Subchapter B. Pre-Election Acceptance And › Section 129.024. Security of Test Materials

Sec. 129.024.  SECURITY OF TEST MATERIALS.  (a)  On completing each test, the general custodian of election records shall place the test materials in a container provided for that purpose and seal the container in a manner that prevents opening without breaking the seal.  The general custodian of election records and at least two members of the testing board shall sign the seal.
(b)  The test materials shall remain sealed for the period for preserving the precinct election records.
(c)  The container may not be unsealed unless the contents are necessary to conduct a test under this subchapter or a criminal investigation, election contest, or other official proceeding under this code.  If the container is unsealed, the authority in charge of the proceeding shall reseal the contents when not in use.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 682 (H.B. 2524), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 129 - Direct Recording Electronic Voting Machines › Subchapter C. Voting System Security › Section 129.051. Pre-Election Security Procedure

Sec. 129.051.  PRE-ELECTION SECURITY PROCEDURE.  (a)  The general custodian of election records shall create and maintain an inventory of all electronic information storage media.
(b)  The general custodian of election records shall develop a procedure for tracking the custody of each electronic information storage medium from its storage location, through election coding and the election process, to its final post-election disposition and return to storage.  The chain of custody must require two or more individuals to perform a check and verification check whenever a transfer of custody occurs.
(c)  The general custodian of election records shall establish a secured location for storing electronic information storage media when not in use, coding a medium for an election, transferring and installing the medium into voting system equipment, and storing voting system equipment after election parameters are loaded.
(d)  An election information storage medium shall be kept in the presence of an election official or in a secured location once the medium has been coded for an election.
(e)  The general custodian of election records shall create a procedure for tracking the custody of voting system equipment once election parameters are loaded.
(f)  The general custodian of election records shall create a recovery plan to be followed if a breach in security procedures is indicated.  This plan must include immediately notifying the secretary of state.
(g)  The general custodian of election records shall conduct a criminal background check for relevant election officials, staff, and temporary workers upon hiring.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 682 (H.B. 2524), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 129 - Direct Recording Electronic Voting Machines › Subchapter C. Voting System Security › Section 129.052. Transport of Voting System Equipment

Sec. 129.052.  TRANSPORT OF VOTING SYSTEM EQUIPMENT.  (a)  The general custodian of election records shall adopt procedures for securely storing and transporting voting system equipment.  The procedures shall include provisions for locations outside the direct control of the general custodian of election records, including overnight storage at a polling location.  Procedures relating to the chain of custody must require two or more individuals to perform a check and verification check whenever a transfer of custody occurs.
(b)  The general custodian of election records shall create a recovery plan to be followed if a breach in security procedures is indicated.  This plan must include immediately notifying the secretary of state.
(c)  The general custodian of election records shall provide a training plan for relevant election officials, staff, and temporary workers that addresses the procedures authorized under this section.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 682 (H.B. 2524), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 129 - Direct Recording Electronic Voting Machines › Subchapter C. Voting System Security › Section 129.053. Access to Voting System Equipment

Sec. 129.053.  ACCESS TO VOTING SYSTEM EQUIPMENT.  The general custodian of election records shall secure access control keys or passwords to voting system equipment.  Use of access control keys or passwords must be witnessed by one or more individuals authorized to use that information.  The use of an access control key or password must be documented and witnessed in a log dedicated for that purpose that is retained until the political subdivision disposes of the equipment.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 682 (H.B. 2524), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 129 - Direct Recording Electronic Voting Machines › Subchapter C. Voting System Security › Section 129.054. Network Connections and Wireless Technology

Sec. 129.054.  NETWORK CONNECTIONS AND WIRELESS TECHNOLOGY.  (a)  A voting system may not be connected to any external communications network, including the Internet.  Beginning September 1, 2026, a voting system may not be capable of being connected to any external or internal communications network, including the Internet.
(b)  A voting system 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.  Beginning September 1, 2026, a voting system may not have the capability of permitting wireless communication.
(c)  The secretary of state may not waive any requirements of this section.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 682 (H.B. 2524), Sec. 2, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 573 (S.B. 598), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 129 - Direct Recording Electronic Voting Machines › Subchapter C. Voting System Security › Section 129.055. Equipment and Software

Sec. 129.055.  EQUIPMENT AND SOFTWARE.  The sole purpose of voting system equipment is the conduct of an election, and only software certified by the secretary of state and necessary for an election may be loaded on the equipment.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 682 (H.B. 2524), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 129 - Direct Recording Electronic Voting Machines › Subchapter C. Voting System Security › Section 129.056. Plan for Machine Failure

Sec. 129.056.  PLAN FOR MACHINE FAILURE.  The general custodian of election records shall create a contingency plan for addressing direct recording electronic voting machine failure.  This plan must include the timely notification of the secretary of state.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 682 (H.B. 2524), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 129 - Direct Recording Electronic Voting Machines › Subchapter C. Voting System Security › Section 129.057. Use of Machine in Early Voting

Sec. 129.057.  USE OF MACHINE IN EARLY VOTING.  A direct recording electronic voting machine deployed for early voting may not be deployed on election day.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 682 (H.B. 2524), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 141 - Candidacy for Public Office Generally › Subchapter A. Eligibility for Public Office › Section 141.002. Effect of Boundary Change on Residence Requirement for Precinct Office

Sec. 141.002.  EFFECT OF BOUNDARY CHANGE ON RESIDENCE REQUIREMENT FOR PRECINCT OFFICE.  (a)  Instead of the six-month residence requirement prescribed by Section 141.001(a)(5), a candidate for or appointee to a precinct office must be a resident of the precinct on the date prescribed by Section 141.001(a)(5) and must have resided continuously in the county in which the precinct is located for six months immediately preceding that date if an order creating the precinct or changing the boundary of the precinct:
(1)  was adopted less than seven months before that date;  or
(2)  was in litigation at any time during the seventh month immediately preceding that date.
(b)  For the purpose of this section, an order is in litigation if the judgment concluding a judicial proceeding in which the order is mandated or the validity of the order is challenged has not become final.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 141 - Candidacy for Public Office Generally › Subchapter A. Eligibility for Public Office › Section 141.003. Age and Residence Requirements for Home-Rule City Office

Sec. 141.003.  AGE AND RESIDENCE REQUIREMENTS FOR HOME-RULE CITY OFFICE.  (a)  Different age and residence requirements from those prescribed by Section 141.001 may be prescribed by a home-rule city charter, but a minimum age may not be more than 21 years and a minimum length of residence in the state or city may not be more than 12 months immediately preceding election day.
(b)  A charter provision is void if it prescribes a minimum age requirement of more than 21 years or a minimum length of residence requirement of more than 12 months.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 141 - Candidacy for Public Office Generally › Subchapter A. Eligibility for Public Office › Section 141.004. Effect of Boundary Change on Residence Requirement for City Office

Sec. 141.004.  EFFECT OF BOUNDARY CHANGE ON RESIDENCE REQUIREMENT FOR CITY OFFICE.  In determining whether a person has complied with a residence requirement under Section 141.001 or 141.003 for a city office, residence in an area while the area was not part of the city is considered as residence within the city if the area is part of the city on the date that is the basis for determining the applicable period of residence.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 141 - Candidacy for Public Office Generally › Subchapter B. Application for Place on Ballot › Section 141.0311. Additional Requirements for Application for Judicial Office

Sec. 141.0311.  ADDITIONAL REQUIREMENTS FOR APPLICATION FOR JUDICIAL OFFICE.  (a)  This section applies to candidates for the following judicial offices:
(1)  chief justice or justice of the supreme court;
(2)  presiding judge or judge of the court of criminal appeals;
(3)  chief justice or justice of a court of appeals;
(4)  district judge, including a criminal district judge; and
(5)  judge of a statutory county court.
(b)  In addition to other requirements under this code, a candidate's application for a place on the ballot must:
(1)  include the candidate's state bar number for:
(A)  this state; and
(B)  any other state in which the candidate has been licensed to practice law;
(2)  disclose any public:
(A)  sanction or censure, as those terms are defined by Section 33.001, Government Code, the State Commission on Judicial Conduct or a review tribunal has issued against the candidate;
(B)  disciplinary sanction imposed on the candidate by the state bar; and
(C)  disciplinary sanction imposed on the candidate by an entity in another state responsible for attorney discipline in that state;
(3)  include statements describing for the preceding five years:
(A)  the nature of the candidate's legal practice, including any area of legal specialization; and
(B)  the candidate's professional courtroom experience; and
(4)  disclose any final conviction of a Class A or Class B misdemeanor in the 10 years preceding the date the person would assume the judicial office for which the person is filing the application.
(c)  A candidate for a judicial office described by Subdivision (a)(1), (2), or (3) who does not hold or has not previously held a judicial office described by those subdivisions must, in addition to the other requirements of this section and this code, include in the application a description of:
(1)  appellate court briefs the candidate has prepared and filed in the preceding five years; and
(2)  oral arguments the candidate has presented before any appellate court in the preceding five years.
(d)  Each officially prescribed form for an application under this section must include a statement informing candidates that knowingly providing false information on the application, in addition to other penalties prescribed by law, constitutes professional misconduct subject to public sanctions or censure by the State Commission on Judicial Conduct or the state bar, as applicable.
(e)  The secretary of state shall prescribe the form and content of the application materials under this section.  The secretary of state may consult with the Office of Court Administration of the Texas Judicial System, the supreme court, and the court of criminal appeals when prescribing the form and content of application materials under this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 716 (H.B. 2384), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 141 - Candidacy for Public Office Generally › Subchapter B. Application for Place on Ballot › Section 141.032. Review of Application; Notice to Candidate

Sec. 141.032.  REVIEW OF APPLICATION;  NOTICE TO CANDIDATE.  (a)  On the filing of an application for a place on the ballot, the authority with whom the application is filed shall review the application to determine whether it complies with the requirements as to form, content, and procedure that it must satisfy for the candidate's name to be placed on the ballot.
(b)  Except as provided by Subsection (c), the review shall be completed not later than the fifth day after the date the application is received by the authority.
(c)  If an application is accompanied by a petition, the petition is considered part of the application, and the review shall be completed as soon as practicable after the date the application is received by the authority.  However, the petition is not considered part of the application for purposes of determining compliance with the requirements applicable to each document, and a deficiency in the requirements for one document may not be remedied by the contents of the other document.  Unless the petition is challenged, the authority is only required to review the petition for facial compliance with the applicable requirements as to form, content, and procedure.
(d)  A determination under this section that an application complies with the applicable requirements does not preclude a subsequent determination that the application does not comply, subject to Section 141.034.
(e)  If an application does not comply with the applicable requirements, the authority shall reject the application and immediately deliver to the candidate written notice of the reason for the rejection.
(f)  This section does not apply to a determination of a candidate's eligibility.
(g)  Except as otherwise provided by this code:
(1)  a candidate may not amend an application filed under Section 141.031; and
(2)  the authority with whom the application is filed may not accept an amendment to an application filed under Section 141.031.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 728, Sec. 54, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1349, Sec. 51, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 254 (H.B. 1135), Sec. 1, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 95 (S.B. 44), Sec. 1, eff. May 23, 2017.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 76, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 141 - Candidacy for Public Office Generally › Subchapter B. Application for Place on Ballot › Section 141.033. Filing Applications for More Than One Office Prohibited

Sec. 141.033.  FILING APPLICATIONS FOR MORE THAN ONE OFFICE PROHIBITED.  (a)  A candidate may not file applications for a place on the ballot for two or more offices that:
(1)  are not permitted by law to be held by the same person;  and
(2)  are to be voted on at one or more elections held on the same day.
(b)  If a person files more than one application for a place on a ballot in violation of this section, each application filed subsequent to the first one filed is invalid.
(c)  This section does not apply to candidacy for the office of president or vice-president of the United States and another office.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.