2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 129 - Direct Recording Electronic Voting Machines › Subchapter B. Pre-Election Acceptance And › Section 129.023. Public Test of Logic and Accuracy

Sec. 129.023.  PUBLIC TEST OF LOGIC AND ACCURACY.  (a)  The general custodian of election records shall create a testing board consisting of at least two persons.  The general custodian of election records shall make every reasonable effort to ensure that the testing board consists of at least one person from each political party that holds a primary election.
(b)  Not later than 48 hours before voting begins on a voting system, the general custodian of election records shall conduct a logic and accuracy test. Public notice of the test must be published on the county's Internet website, if the county maintains an Internet website, or on the bulletin board used for posting notice of meetings of the commissioners court if the county does not maintain an Internet website, at least 48 hours before the test begins, and the test must be open to the public.
(b-1)  If the test is being conducted for a primary election, the general custodian of election records shall notify the county chair of the test at least 48 hours before the date of the test.  The county chair shall confirm receipt of the notice.
(b-2)  If the test is being conducted for an election in which a county election board has been established under Section 51.002, the general custodian of election records shall notify each member of the board of the test at least 48 hours before the date of the test.  If the county election board chooses to witness the test, each member shall sign the statement required by Subsection (e)(1).
(c)  The general custodian of election records shall adopt procedures for testing that:
(1)  direct the testing board to cast votes;
(2)  verify that each contest position, as well as each precinct and ballot style, on the ballot can be voted and is accurately counted;
(3)  include overvotes and undervotes for each race, if applicable to the system being tested;
(4)  include write-in votes, when applicable to the election;
(5)  include provisional votes, if applicable to the system being tested;
(6)  calculate the expected results from the test ballots;
(7)  ensure that each voting machine has any public counter reset to zero and presented to the testing board for verification before testing;
(8)  require that, for each feature of the system that allows disabled voters to cast a ballot, at least one vote be cast and verified by a two-person testing board team using that feature; and
(9)  require that, when all votes are cast, the general custodian of election records and the testing board observe the tabulation of all ballots and compare the actual results to the expected results.
(c-1)  A test conducted under this section must also require the general custodian of election records to demonstrate, using a representative sample of voting system equipment, that the source code of the equipment has not been altered.
(d)  A test is successful if the actual results are identical to the expected results.
(e)  To provide a full and accurate account of the condition of a given voting machine, the testing board and the general custodian of election records shall:
(1)  sign a written statement attesting to:
(A)  the qualification of each direct recording electronic voting machine that was successfully tested;
(B)  any problems discovered; and
(C)  the cause of any problem if it can be identified; and
(2)  provide any other documentation as necessary.
(f)  On completing the testing:
(1)  the testing board shall witness and document all steps taken to reset, seal, and secure any equipment or test materials, as appropriate; and
(2)  the general custodian for election records shall preserve a copy of the system's software at a secure location that is outside the administrator's and programming entity's control until at least 22 months after election day.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 682 (H.B. 2524), Sec. 2, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2817), Sec. 27, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 404 (H.B. 25), Sec. 7, eff. September 1, 2020.
Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Sec. 21, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1052 (H.B. 933), Sec. 12, eff. September 1, 2019.
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 4.16, eff. December 2, 2021.