reglab/statecodes huggingface dataset:
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle C - Restricted Ballot › Chapter 112 - Voting Limited Ballot After Changing County of Residence › Section 112.009. Preparing Voting Machine

Sec. 112.009.  PREPARING VOTING MACHINE.  Before permitting a person to vote a limited ballot on a voting machine, the early voting clerk shall adjust the machine so that votes may be cast only on the offices and propositions stating measures on which the voter is entitled to vote.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle C - Restricted Ballot › Chapter 112 - Voting Limited Ballot After Changing County of Residence › Section 112.010. Substituting Mail Ballots for Voting Machine

Sec. 112.010.  SUBSTITUTING MAIL BALLOTS FOR VOTING MACHINE.  (a)  If early voting by personal appearance is conducted by voting machine, the early voting clerk may conduct the personal appearance voting of limited ballots by using official ballots for early voting by mail.
(b)  The secretary of state may provide for the use of envelopes or other containers instead of ballot boxes for voters to deposit ballots voted under this section.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle C - Restricted Ballot › Chapter 112 - Voting Limited Ballot After Changing County of Residence › Section 112.011. Information on District Composition

Sec. 112.011.  INFORMATION ON DISTRICT COMPOSITION.  (a)  In each even-numbered year, the secretary of state shall prepare information on the territorial composition of each district for which an officer of the state government is regularly elected at the general election for state and county officers.
(b)  The information must include the data necessary to enable an early voting clerk to determine the district offices on which a voter under this chapter is eligible to vote.
(c)  The secretary shall deliver the information to each county clerk before the 20th day before general primary election day.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle C - Restricted Ballot › Chapter 112 - Voting Limited Ballot After Changing County of Residence › Section 112.012. Notification to Voter Registrar

Sec. 112.012.  NOTIFICATION TO VOTER REGISTRAR.  Not later than the 30th day after receipt of an application for a limited ballot, the early voting clerk shall notify the voter registrar for the voter's former county of residence that the voter has applied for a limited ballot.
Added by Acts 1987, 70th Leg., ch. 436, Sec. 8, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle C - Restricted Ballot › Chapter 113 - Voting Presidential Ballot by Former Resident › Section 113.001. Presidential Ballot

Sec. 113.001.  PRESIDENTIAL BALLOT.  In this chapter, "presidential ballot" means a ballot voted under this chapter that is restricted to the offices of president and vice-president of the United States.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle C - Restricted Ballot › Chapter 113 - Voting Presidential Ballot by Former Resident › Section 113.002. Eligibility

Sec. 113.002.  ELIGIBILITY.  A former resident of this state is eligible to vote a presidential ballot in the presidential general election by personal appearance or by mail if the former resident:
(1)  is domiciled in another state;
(2)  was registered to vote in this state at the time the former resident ceased to be a resident;
(3)  would be eligible for registration to vote in this state if a resident;  and
(4)  on presidential election day will not have resided in the state of present domicile for more than 30 days and is not eligible to vote in the presidential election in that state.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle C - Restricted Ballot › Chapter 113 - Voting Presidential Ballot by Former Resident › Section 113.003. Submitting Application for Mail Ballot

Sec. 113.003.  SUBMITTING APPLICATION FOR MAIL BALLOT.  An application for a presidential ballot to be voted by mail must be submitted to the early voting clerk serving the county of the applicant's most recent registration to vote by the deadline prescribed by Section 84.007.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 75, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle C - Restricted Ballot › Chapter 113 - Voting Presidential Ballot by Former Resident › Section 113.004. Time and Place for Voting by Personal Appearance

Sec. 113.004.  TIME AND PLACE FOR VOTING BY PERSONAL APPEARANCE.  (a)  A person may vote a presidential ballot by personal appearance only at the main early voting polling place for the county of the person's most recent registration to vote.
(b)  The period for voting presidential ballots by personal appearance ends on presidential election day.
(c)  Beginning on the day after the last day of the period for early voting by personal appearance and through presidential election day, the dates and hours for voting presidential ballots by personal appearance are the dates and hours that the county clerk's main business office is regularly open for business.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle C - Restricted Ballot › Chapter 113 - Voting Presidential Ballot by Former Resident › Section 113.005. Personal Appearance Voting; Processing Results

Sec. 113.005.  PERSONAL APPEARANCE VOTING;  PROCESSING RESULTS.  (a)  On submission of an application for a presidential ballot to be voted by personal appearance, the early voting clerk shall review the application and verify the applicant's registration status in accordance with the procedure applicable to early voting by mail.
(b)  The personal appearance voting shall be conducted with the balloting materials for early voting by mail.
(c)  The voter must mark and seal the ballot in the same manner as if voting by mail except that the certificate on the carrier envelope need not be completed.
(d)  On sealing the carrier envelope, the voter must give it to the clerk, who shall note on the envelope that the ballot is a presidential ballot.
(e)  The results of voting a presidential ballot by personal appearance shall be processed in accordance with the procedures applicable to processing early voting ballots voted by mail.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle C - Restricted Ballot › Chapter 113 - Voting Presidential Ballot by Former Resident › Section 113.006. Canceling Registration

Sec. 113.006.  CANCELING REGISTRATION.  As soon as practicable after the close of voting, the early voting clerk shall notify the voter registrar of the name of each person who applied for a presidential ballot whose name appears on the list of registered voters.  On receipt of the notice, the voter registrar shall cancel the voter's registration.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle C - Restricted Ballot › Chapter 114 - Voting Federal Ballot by Overseas Citizen › Section 114.001. Definitions

Sec. 114.001.  DEFINITIONS.  In this chapter:
(1)  "Federal ballot" means a ballot voted under this chapter that is restricted to federal offices only.
(2)  "Federal office" means the offices of president and vice-president of the United States, United States senator, or United States representative.
(3)  "United States" includes the several states and the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands, but does not include any other territory or possession of the United States.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.30;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle C - Restricted Ballot › Chapter 114 - Voting Federal Ballot by Overseas Citizen › Section 114.002. Eligibility

Sec. 114.002.  ELIGIBILITY.  A United States citizen dwelling outside the United States is eligible to vote a federal ballot by mail if:
(1)  the citizen's most recent domicile in the United States was in this state and the citizen's intent to return to this state is uncertain;
(2)  the citizen would be eligible for registration as a voter in this state if a resident;  and
(3)  the citizen is not eligible to vote on federal offices in any other state.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.30;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle C - Restricted Ballot › Chapter 114 - Voting Federal Ballot by Overseas Citizen › Section 114.003. Offices on Which Voter Entitled to Vote

Sec. 114.003.  OFFICES ON WHICH VOTER ENTITLED TO VOTE.  A person voting a federal ballot is entitled to vote only on each federal office to be voted on in the election precinct of the person's most recent domicile in this state.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.30;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle C - Restricted Ballot › Chapter 114 - Voting Federal Ballot by Overseas Citizen › Section 114.004. Application

Sec. 114.004.  APPLICATION.  (a)  An application for a federal ballot must be submitted on an official federal postcard application form.
(b)  The application must be submitted to the early voting clerk serving the election precinct of the applicant's most recent domicile in this state.
(c)  The period during which a federal ballot application may be submitted is the same as that for submitting a federal postcard application under Chapter 101.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.30;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle C - Restricted Ballot › Chapter 114 - Voting Federal Ballot by Overseas Citizen › Section 114.005. Applying for More Than One Election in Same Application

Sec. 114.005.  APPLYING FOR MORE THAN ONE ELECTION IN SAME APPLICATION.  The provisions governing the application for ballots for more than one election by a single federal postcard application under Chapter 101 apply to a federal ballot application.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.30;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle C - Restricted Ballot › Chapter 114 - Voting Federal Ballot by Overseas Citizen › Section 114.006. Determining Offices to Be Voted On

Sec. 114.006.  DETERMINING OFFICES TO BE VOTED ON.  For each voter who is to vote a federal ballot, the early voting clerk shall determine the federal offices on which the voter is entitled to vote and indicate them on the application or the jacket envelope.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.30;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle C - Restricted Ballot › Chapter 114 - Voting Federal Ballot by Overseas Citizen › Section 114.007. Method of Providing Ballot; Required Address; Return of Ballot

Sec. 114.007.  METHOD OF PROVIDING BALLOT;  REQUIRED ADDRESS;  RETURN OF BALLOT.  (a)  The balloting materials provided under this chapter shall be airmailed to the voter free of United States postage, as provided by the federal Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. Section 1973ff et seq.), in an envelope labeled "Official Election Balloting Material--via Airmail."  The secretary of state shall provide early voting clerks with instructions on compliance with this subsection.
(b)  The address to which the balloting materials are sent to a voter must be an address outside the United States or an address in the United States for forwarding or delivery to the voter at a location outside the United States. If the address to which the balloting materials are to be sent is within the county served by the early voting clerk, the federal ballot application must indicate that the balloting materials will be forwarded or delivered to the voter at a location outside the United States.
(c)  A ballot voted under this chapter may be returned to the early voting clerk by mail, common or contract carrier, or courier.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 1.36;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1349, Sec. 46, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 7 - Early Voting › Subtitle C - Restricted Ballot › Chapter 114 - Voting Federal Ballot by Overseas Citizen › Section 114.008. Official Carrier Envelope

Sec. 114.008.  OFFICIAL CARRIER ENVELOPE.  The officially prescribed carrier envelope for voting under this chapter shall be labeled "Official Election Balloting Material--via Airmail."
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.30;  Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 121 - General Provisions › Section 121.001. Applicability of Other Parts of Code

Sec. 121.001.  APPLICABILITY OF OTHER PARTS OF CODE.  The other titles of this code apply to an election in which a voting system is used except to the extent that a provision is inconsistent with this title or cannot feasibly be applied in an election using a voting system.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 121 - General Provisions › Section 121.002. Pecuniary Interest of Secretary of State

Sec. 121.002.  PECUNIARY INTEREST OF SECRETARY OF STATE.  The secretary of state may not have a pecuniary interest in the manufacturing or marketing of voting system equipment or software necessary for the operation of a voting system.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 121 - General Provisions › Section 121.003. Definitions

Sec. 121.003.  DEFINITIONS.  In this title:
(1)  "Voting system" means a method of casting and processing votes that is designed to function wholly or partly by use of mechanical, electromechanical, or electronic apparatus and includes the procedures for casting and processing votes and the programs, operating manuals, tabulating cards, printouts, and other software necessary for the system's operation.
(2)  "Electronic voting system" means a voting system in which the ballots are automatically counted and the results automatically tabulated by use of electronically operated apparatus.
(3)  "Voting machine" means an apparatus on which voters cast their votes, that records each vote, and that furnishes a total of the number of votes cast for the candidates and for and against the measures.
(4)   "Voting system equipment" means any kind of mechanical, electromechanical, or electronic apparatus for use in a voting system.
(5)  "Automatic tabulating equipment" means equipment, other than a voting machine, that compiles vote totals by ballot sorting, ballot reading, ballot scanning, or electronic data processing.
(6)  "Public counter" means a registering device that cumulatively records the number of voters casting votes on a voting machine and that is constructed and installed on the machine in a way that provides an unobstructed view of the recorded number.
(7)  "Protective counter" means a registering device that permanently records the cumulative number of times that a voting machine has been operated and that is installed in the machine in a way that prevents resetting the device.
(8)  "Registering counter" means a registering device on a voting machine that records the votes cast for a particular candidate or for or against a particular measure.
(9)  "Electronic system ballot" means a ballot designed for use with an electronic voting system.
(10)  "Punch-card ballot" means an electronic system ballot in the form of a tabulating card.
(11)  "Voting system ballot" means a ballot designed for use with a voting system.
(12)  "Direct recording electronic voting machine" or "DRE" means a voting machine that is designed to allow a direct vote on the machine by the manual touch of a screen, monitor, or other device and that records the individual votes and vote totals electronically.
(13)  "Ballot marking device" means a voting system with an electronic interface that allows a voter to mark a paper ballot.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 484, Sec. 1, eff. Sept. 1, 1987;  Acts 2001, 77th Leg., ch. 1054, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1107 (H.B. 2309), Sec. 2.04, eff. January 1, 2006.
Acts 2019, 86th Leg., R.S., Ch. 708 (H.B. 88), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 121 - General Provisions › Section 121.004. Communications With Voting Systems Vendor Public Information

Sec. 121.004.  COMMUNICATIONS WITH VOTING SYSTEMS VENDOR PUBLIC INFORMATION.  (a) Except as provided by Subsection (b), a written letter, e-mail, or other communication, including a communication made confidential by other law, between a public official and a voting systems vendor:
(1)  is not confidential;
(2)  is public information for purposes of Chapter 552, Government Code; and
(3)  is not subject to an exception to disclosure provided by Chapter 552, Government Code, other than Sections 552.110 and 552.1101, Government Code.
(b)  A written letter, e-mail, or other communication between a public official and a voting systems vendor is excepted from disclosure under Chapter 552, Government Code, if the communication discloses information, data, or records relating to the security of elections critical infrastructure.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 4.13, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 122 - State Supervision Over Voting Systems › Subchapter A. Voting System Standards › Section 122.001. Voting System Standards

Sec. 122.001.  VOTING SYSTEM STANDARDS.
(a)  A voting system may not be used in an election unless the system:
(1)  preserves the secrecy of the ballot;
(2)  is suitable for the purpose for which it is intended;
(3)  operates safely, efficiently, and accurately and complies with the voting system standards adopted by the Election Assistance Commission;
(4)  is safe from fraudulent or unauthorized manipulation;
(5)  permits voting on all offices and measures to be voted on at the election;
(6)  prevents counting votes on offices and measures on which the voter is not entitled to vote;
(7)  prevents counting votes by the same voter for more than one candidate for the same office or, in elections in which a voter is entitled to vote for more than one candidate for the same office, prevents counting votes for more than the number of candidates for which the voter is entitled to vote;
(8)  prevents counting a vote on the same office or measure more than once;
(9)  permits write-in voting; and
(10)  is capable of providing records from which the operation of the voting system may be audited.
(b)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 404 (H.B. 25), Sec. 8, eff. September 1, 2020.
(c)  The secretary of state may prescribe additional standards for voting systems consistent with this title.  The standards may apply to particular kinds of voting systems, to particular elements comprising a voting system, including operation procedures, or to voting systems generally.
(d)  Effective January 1, 2006, a voting system may not be used in an election if the system uses:
(1)  mechanical voting machines;  or
(2)  a punch-card ballot or similar form of tabulating card.
(e)  For an election for federal office in which a state or federal court order has extended the time for voting beyond the time allowed by Subchapter B, Chapter 41, a voting system must provide a separate count of the votes cast after the time allowed by that subchapter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 484, Sec. 2, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 728, Sec. 30, eff. Sept. 1, 1993;  Acts 2003, 78th Leg., ch. 1315, Sec. 49, eff. Jan. 1, 2004.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 298 (H.B. 2900), Sec. 1, eff. June 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 404 (H.B. 25), Sec. 6, eff. September 1, 2020.
Acts 2017, 85th Leg., R.S., Ch. 404 (H.B. 25), Sec. 8, eff. September 1, 2020.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 122 - State Supervision Over Voting Systems › Subchapter A. Voting System Standards › Section 122.002. Inspection of Voting Systems and Equipment by Secretary of State

Sec. 122.002.  INSPECTION OF VOTING SYSTEMS AND EQUIPMENT BY SECRETARY OF STATE.  The secretary of state may inspect at any time, including the day of an election, a voting system or the voting system equipment used in an election to determine whether the system or equipment complies with applicable standards or deviates from the system or equipment approved by the secretary.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 484, Sec. 3, eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 122 - State Supervision Over Voting Systems › Subchapter A. Voting System Standards › Section 122.003. Action by Secretary of State

Sec. 122.003.  ACTION BY SECRETARY OF STATE.  (a)  If the secretary of state determines after inspecting a voting system or voting system equipment that the system or equipment does not comply with applicable standards or deviates from an approved system or equipment, the secretary by written order may:
(1)  prohibit the use of the system or equipment or any part of the system or equipment by an authority that adopted the system or equipment for use in an election;  or
(2)  limit the use of the system or equipment or any part of the system or equipment to circumstances or conditions stated in the order.
(b)  The secretary shall amend or rescind an order issued under this section if the secretary determines that the system or equipment has been modified to comply with applicable standards or to not deviate from an approved system or equipment.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 484, Sec. 3, eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 122 - State Supervision Over Voting Systems › Subchapter A. Voting System Standards › Section 122.004. Preparation of Software by Secretary of State

Sec. 122.004.  PREPARATION OF SOFTWARE BY SECRETARY OF STATE.  (a)  The secretary of state may prepare any type of software for use with an electronic voting system.
(b)  The software is subject to the standards and examination procedures applicable to voting systems.
Added by Acts 1987, 70th Leg., ch. 484, Sec. 3, eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 122 - State Supervision Over Voting Systems › Subchapter A. Voting System Standards › Section 122.005. Venue for Offenses

Sec. 122.005.  VENUE FOR OFFENSES.  Venue for prosecution of an offense under this chapter is in the county in which the offense was committed.
Added by Acts 1993, 73rd Leg., ch. 728, Sec. 31, eff. Sept. 1, 1993.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 122 - State Supervision Over Voting Systems › Subchapter B. Approval of Voting System and Equipment › Section 122.031. Approval of System and Equipment Required

Sec. 122.031.  APPROVAL OF SYSTEM AND EQUIPMENT REQUIRED.  (a)  Before a voting system or voting system equipment may be used in an election, the system and a unit of the equipment must be approved by the secretary of state as provided by this subchapter.
(b)  The secretary of state may seek a temporary restraining order or a writ of injunction obtained through the attorney general to prevent the use of any part of a voting system or voting system equipment that has not been approved.
(c)  A person commits an offense if the person executes a contract to sell, lease, or otherwise provide a voting system or voting system equipment that the person knows has not been approved.  An offense under this subsection is a Class A misdemeanor.
(d)  This section does not prohibit a person from exhibiting a voting system or unit of voting system equipment that has not been approved.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 728, Sec. 32, eff. Sept. 1, 1993.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 122 - State Supervision Over Voting Systems › Subchapter B. Approval of Voting System and Equipment › Section 122.032. Requirements for Approval Generally

Sec. 122.032.  REQUIREMENTS FOR APPROVAL GENERALLY.  (a)  For a voting system or voting system equipment to be approved for use in elections, the voting system in which the equipment is designed to be used must:
(1)  comply with the standards prescribed by Subchapter A; and
(2)  beginning September 1, 2021, be manufactured, stored, and held in the United States and sold by a company whose:
(A)  headquarters are located in the United States; and
(B)  parent company's headquarters, if applicable, are located in the United States.
(a-1)  For purposes of Subsection (a), a voting system or voting system equipment is considered to be manufactured in the United States if:
(1)  final assembly of the voting system or voting system equipment occurs in the United States; and
(2)  all firmware and software are installed and tested in the United States.
(b)  The secretary of state may prescribe more specific requirements and standards, consistent with this code, for approval of particular kinds of voting system equipment or voting system equipment generally.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 881 (S.B. 1387), Sec. 1, eff. June 16, 2021.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 122 - State Supervision Over Voting Systems › Subchapter B. Approval of Voting System and Equipment › Section 122.033. Additional Requirements for Approval of Voting Machine

Sec. 122.033.  ADDITIONAL REQUIREMENTS FOR APPROVAL OF VOTING MACHINE.  In addition to other requirements for approval, a voting machine must be equipped with:
(1)  a security system capable of preventing operation of the machine;
(2)  registering counters that can be secured against access;
(3)  a public counter; and
(4)  a protective counter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 1107 (H.B. 2309), Sec. 2.05, eff. January 1, 2006.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 122 - State Supervision Over Voting Systems › Subchapter B. Approval of Voting System and Equipment › Section 122.0331. Additional Requirements for Electronic Voting System

Sec. 122.0331.  ADDITIONAL REQUIREMENTS FOR ELECTRONIC VOTING SYSTEM.  (a)  Copies of the program codes and the user and operator manuals and copies or units of all other software and any other information, specifications, or documentation required by the secretary of state relating to an approved electronic voting system and its equipment must be filed with the secretary.
(b)  Materials described by Subsection (a) that are not on file with and approved by the secretary of state, including any updated or modified materials, may not be used in an election.
(c)  The secretary of state shall periodically compare the materials on file with the materials actually used in elections to ensure compliance with this section.
(d)  The program codes and all other software on file with the secretary of state under this section are not public information.  The materials shall be made available to the attorney general or the general's designee in any investigation of election irregularities.  The materials may be made available in a judicial proceeding on the request of the court or other tribunal but may be viewed in camera only.
Added by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 122 - State Supervision Over Voting Systems › Subchapter B. Approval of Voting System and Equipment › Section 122.034. Application for Approval and Fee

Sec. 122.034.  APPLICATION FOR APPROVAL AND FEE.  (a)  A person desiring approval of a voting system or voting system equipment must submit a written application for approval to the secretary of state.
(b)  An applicant must include with the application an application fee.
(c)  The secretary of state shall prescribe fees for the submission of applications under this section in amounts reasonably necessary to administer this subchapter and compensate examiners appointed by the secretary.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 728, Sec. 33, eff. Sept. 1, 1993.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 122 - State Supervision Over Voting Systems › Subchapter B. Approval of Voting System and Equipment › Section 122.035. Appointment of Examiners

Sec. 122.035.  APPOINTMENT OF EXAMINERS.  (a)  On submission of an application for approval of a voting system or voting system equipment, the secretary of state shall appoint four persons as examiners, one of whom must be a full-time employee of the secretary.  The attorney general shall appoint two persons as examiners, one of whom must be a full-time employee of the general.
(b)  Two of the secretary of state's appointees must have demonstrated ability and experience in mechanics or electronics appropriate to the system or equipment to be examined, and two of the secretary's appointees must have demonstrated knowledge of and experience in election law and procedure.
(c)  Only one person employed by the secretary of state may be appointed.
(d)  A person who has a pecuniary interest in the manufacturing or marketing of any part of a voting system or voting system equipment is ineligible for appointment.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 728, Sec. 34, eff. Sept. 1, 1993.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 122 - State Supervision Over Voting Systems › Subchapter B. Approval of Voting System and Equipment › Section 122.036. Examination and Report by Examiners

Sec. 122.036.  EXAMINATION AND REPORT BY EXAMINERS.  (a)  The examiners shall examine the voting system or voting system equipment for which an application has been submitted at the time and in the manner directed by the secretary of state.
(b)  After conducting the examination, each examiner shall prepare a written report on the examination as directed by the secretary and deliver the report to the secretary.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 122 - State Supervision Over Voting Systems › Subchapter B. Approval of Voting System and Equipment › Section 122.037. Compensation of Examiners

Sec. 122.037.  COMPENSATION OF EXAMINERS.  (a)  Each examiner appointed under this subchapter, other than an employee of the secretary of state or attorney general, is entitled to compensation for services rendered in connection with an application.
(b)  The secretary of state shall set the amount of compensation for examiners appointed by the secretary and shall use the application fees collected under Section 122.034 to pay the compensation.
(c)  The attorney general shall set the amount of compensation for an examiner appointed by the general and shall pay the compensation from funds available to the general.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 728, Sec. 35, eff. Sept. 1, 1993.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 122 - State Supervision Over Voting Systems › Subchapter B. Approval of Voting System and Equipment › Section 122.0371. Public Hearing Required

Sec. 122.0371.  PUBLIC HEARING REQUIRED.  (a)  After the delivery of the examiners' reports and before the determination of whether the voting system or voting system equipment for which an application has been submitted satisfies the applicable requirements for approval, the secretary of state shall conduct a public hearing to provide interested persons an opportunity to express their views for or against the approval of the voting system or voting system equipment being considered.
(b)  Notice of the hearing is given in the manner provided by Chapter 551, Government Code.
(c)  Persons attending the hearing may express their views for or against the approval of the voting system or voting system equipment either orally, in writing, or both.
(d)  The hearing shall be conducted in accordance with rules adopted by the secretary of state.
Added by Acts 2005, 79th Leg., Ch. 273 (H.B. 2465), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 122 - State Supervision Over Voting Systems › Subchapter B. Approval of Voting System and Equipment › Section 122.038. Action by Secretary of State

Sec. 122.038.  ACTION BY SECRETARY OF STATE.  (a)  After reviewing the examiners' reports and considering the views expressed at the public hearing, the secretary of state shall determine whether the voting system or voting system equipment for which an application has been submitted satisfies the applicable requirements for approval.
(b)  The secretary may examine the system or equipment to aid in determining whether it satisfies the requirements for approval.
(c)  If the system or equipment satisfies the applicable requirements for approval, the secretary by written order shall approve the system or equipment of that design for use in elections.  Otherwise, the secretary shall deny the application.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 273 (H.B. 2465), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 122 - State Supervision Over Voting Systems › Subchapter B. Approval of Voting System and Equipment › Section 122.039. Report by Secretary of State

Sec. 122.039.  REPORT BY SECRETARY OF STATE.  (a)  The secretary of state shall prepare a written report on each application submitted under this subchapter.  The report must state whether the system or equipment was approved and the reasons for approval or denial.
(b)  The secretary shall attach the examiners' reports to the report prepared under this section and permanently retain the reports on file.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 122 - State Supervision Over Voting Systems › Subchapter C. Modification in Design of Approved System or Equipment › Section 122.061. Approval of Modified Design Required

Sec. 122.061.  APPROVAL OF MODIFIED DESIGN REQUIRED.  Before a voting system or voting system equipment that is modified in design after its approval may be used in an election, the modified design must be approved by the secretary of state as provided by this subchapter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 122 - State Supervision Over Voting Systems › Subchapter C. Modification in Design of Approved System or Equipment › Section 122.062. Requirements for Approval

Sec. 122.062.  REQUIREMENTS FOR APPROVAL.  The requirements for approval of a modified design are the same as those prescribed by Subchapter B for the initial approval of the voting system or voting system equipment.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 122 - State Supervision Over Voting Systems › Subchapter C. Modification in Design of Approved System or Equipment › Section 122.063. Application for Approval

Sec. 122.063.  APPLICATION FOR APPROVAL.  A person desiring approval of a modified design must submit a written application for approval to the secretary of state.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 122 - State Supervision Over Voting Systems › Subchapter C. Modification in Design of Approved System or Equipment › Section 122.064. Review of Application

Sec. 122.064.  REVIEW OF APPLICATION.  (a)  The secretary of state shall review an application for approval of a modified design.
(b)  The secretary may approve the modified design by written order if the design satisfies the applicable requirements for approval.
(c)  If the secretary does not approve the modified design, the secretary by written order shall:
(1)  invite the applicant to submit additional information in support of the application, submit the modified system or equipment itself, or both;  or
(2)  require an examination of the modified system or equipment by independent examiners.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 122 - State Supervision Over Voting Systems › Subchapter C. Modification in Design of Approved System or Equipment › Section 122.065. Review and Examination of Additional Material

Sec. 122.065.  REVIEW AND EXAMINATION OF ADDITIONAL MATERIAL.  (a)  The secretary of state shall review additional information in support of an application and examine the modified system or equipment submitted.
(b)  The secretary may approve the modified design by written order if the design satisfies the applicable requirements for approval.
(c)  If the secretary does not approve the modified design, the secretary by written order shall require an examination of the modified system or equipment by independent examiners.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 122 - State Supervision Over Voting Systems › Subchapter C. Modification in Design of Approved System or Equipment › Section 122.066. Examination Fee

Sec. 122.066.  EXAMINATION FEE.  (a)  The secretary of state shall prescribe an examination fee or fee schedule to compensate examiners appointed by the secretary under this subchapter.
(b)  The fee for an examination may not exceed the fee for an application for initial approval of a voting system or voting system equipment.
(c)  If the secretary orders an independent examination of the modified system or equipment, the secretary may not appoint examiners until the secretary receives the examination fee.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 728, Sec. 36, eff. Sept. 1, 1993.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 122 - State Supervision Over Voting Systems › Subchapter C. Modification in Design of Approved System or Equipment › Section 122.067. Appointment of Examiners

Sec. 122.067.  APPOINTMENT OF EXAMINERS.  (a)  If the secretary of state requires an independent examination of the modified system or equipment, the secretary shall appoint four persons as examiners, one of whom must be a full-time employee of the secretary.  The attorney general shall appoint two persons as examiners, one of whom must be a full-time employee of the general.
(b)  To be eligible for appointment as an examiner under this section, a person must be eligible for appointment as an examiner for an application for initial approval of a system or equipment.  Only one employee of the secretary of state may be appointed.
(c)  Two of the secretary of state's appointees must have demonstrated ability and experience in mechanics or electronics appropriate to the system or equipment to be examined.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 728, Sec. 37, eff. Sept. 1, 1993.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 122 - State Supervision Over Voting Systems › Subchapter C. Modification in Design of Approved System or Equipment › Section 122.068. Examination and Report by Examiners

Sec. 122.068.  EXAMINATION AND REPORT BY EXAMINERS.  The examiners shall examine the modified system or equipment and prepare and deliver examination reports in the same manner as for an application for initial approval of a system or equipment.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 122 - State Supervision Over Voting Systems › Subchapter C. Modification in Design of Approved System or Equipment › Section 122.069. Compensation of Examiners

Sec. 122.069.  COMPENSATION OF EXAMINERS.  (a)  Subject to Subsections (b) and (c), an examiner appointed by the secretary of state under this subchapter, other than the secretary's employee, is entitled to compensation in an amount set by the secretary.
(b)  The compensation rate for each examiner appointed by the secretary of state for the same examination must be uniform.
(c)  The total compensation paid to the examiners appointed by the secretary of state for the same examination may not exceed the examination fee.
(d)  The secretary of state shall use the examination fees collected under Section 122.066 to pay the compensation to examiners appointed by the secretary.
(e)  An examiner appointed by the attorney general under this subchapter, other than an employee of the general, is entitled to compensation in an amount set by the general.  The attorney general shall pay the compensation from funds available to the general.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 728, Sec. 38, eff. Sept. 1, 1993.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 122 - State Supervision Over Voting Systems › Subchapter C. Modification in Design of Approved System or Equipment › Section 122.0691. Public Hearing Required

Sec. 122.0691.  PUBLIC HEARING REQUIRED.  (a)  This section applies only if an examination of the modified design by independent examiners was conducted.
(b)  After the delivery of the examiners' reports and before the determination of whether the modified design satisfies the applicable requirements for approval, the secretary of state shall conduct a public hearing in the same manner as for the initial approval of a system or equipment.
Added by Acts 2005, 79th Leg., Ch. 273 (H.B. 2465), Sec. 3, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 122 - State Supervision Over Voting Systems › Subchapter C. Modification in Design of Approved System or Equipment › Section 122.070. Action by Secretary of State

Sec. 122.070.  ACTION BY SECRETARY OF STATE.  (a)  After reviewing the examiners' reports and considering the views expressed at the public hearing, the secretary of state shall determine whether the modified design satisfies the applicable requirements for approval.
(b)  The secretary may examine the modified system or equipment to aid in determining whether it satisfies the requirements for approval.
(c)  If the modified design satisfies the applicable requirements for approval, the secretary by written order shall approve the system or equipment of that design for use in elections.  Otherwise, the secretary shall deny the application.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 273 (H.B. 2465), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 122 - State Supervision Over Voting Systems › Subchapter C. Modification in Design of Approved System or Equipment › Section 122.071. Report by Secretary of State

Sec. 122.071.  REPORT BY SECRETARY OF STATE.  (a)  The secretary of state shall prepare a written report on each application submitted under this subchapter.  The report must state whether the modified design was approved and must include a description of and the reason for the action ordered.
(b)  If an examination by independent examiners was conducted, the secretary shall attach the examiners' reports to the report prepared under this section.
(c)  The secretary shall permanently retain reports prepared under this subchapter on file with the secretary's report on the application for initial approval of the system or equipment.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.