reglab/statecodes huggingface dataset:
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 122 - State Supervision Over Voting Systems › Subchapter D. Reexamination of Voting System or Equipment › Section 122.091. Reexamination of Approved System or Equipment Authorized

Sec. 122.091.  REEXAMINATION OF APPROVED SYSTEM OR EQUIPMENT AUTHORIZED.  (a)  The secretary of state may reexamine a voting system or voting system equipment as provided by this subchapter at any time after the system or equipment is approved under Subchapter B or C.
(b)  The secretary of state may suspend approval for use of a voting system or voting system equipment if the system or equipment is not submitted for reexamination under this subchapter on the request of the secretary.
(c)  The secretary of state may prescribe fees 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. 39, eff. Sept. 1, 1993.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 122 - State Supervision Over Voting Systems › Subchapter D. Reexamination of Voting System or Equipment › Section 122.0911. Assistance Required by Secretary of State

Sec. 122.0911.  ASSISTANCE REQUIRED BY SECRETARY OF STATE.  (a)  If the secretary of state determines that the assistance of a particular person is necessary for the proper and efficient reexamination of a voting system or voting system equipment under this subchapter, the secretary may require that person to provide the necessary assistance as provided by this section.
(b)  The secretary of state shall deliver written notice to a person whose assistance is required not later than 72 hours before the date the reexamination is scheduled to occur.  The notice must state:
(1)  that the person is required to provide assistance under Section 122.0911, Election Code;
(2)  the nature of the assistance that is required;  and
(3)  the date, hour, and place of the reexamination.
(c)  A person who, after proper notice, fails to provide the assistance required by the secretary of state is civilly liable to the state for $100 for each day that the person fails to comply.  The secretary of state shall notify the attorney general to initiate suit to recover the penalty.
Added by Acts 1993, 73rd Leg., ch. 728, Sec. 40, eff. Sept. 1, 1993.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 122 - State Supervision Over Voting Systems › Subchapter D. Reexamination of Voting System or Equipment › Section 122.092. Appointment of Examiners

Sec. 122.092.  APPOINTMENT OF EXAMINERS.  (a)  The secretary of state shall appoint four persons as examiners, one of whom must be a full-time employee of the secretary, to assist in a reexamination of an approved voting system or voting system equipment.  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 knowledge of and experience in the operation of the system or equipment.
(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. 41, eff. Sept. 1, 1993.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 122 - State Supervision Over Voting Systems › Subchapter D. Reexamination of Voting System or Equipment › Section 122.093. Examination and Report by Examiners

Sec. 122.093.  EXAMINATION AND REPORT BY EXAMINERS.  (a)  The examiners shall examine the system or equipment to be reexamined 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 D. Reexamination of Voting System or Equipment › Section 122.094. Compensation of Examiners

Sec. 122.094.  COMPENSATION OF EXAMINERS.  (a)  An 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 a reexamination.
(b)  The secretary of state shall set the amount of compensation for examiners appointed by the secretary and shall use the fees collected under Section 122.091 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. 42, eff. Sept. 1, 1993.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 122 - State Supervision Over Voting Systems › Subchapter D. Reexamination of Voting System or Equipment › Section 122.0941. Public Hearing Required

Sec. 122.0941.  PUBLIC HEARING REQUIRED.  After the delivery of the examiners' reports and before the determination of whether the reexamined voting system or voting system equipment 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. 5, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 122 - State Supervision Over Voting Systems › Subchapter D. Reexamination of Voting System or Equipment › Section 122.095. Action by Secretary of State

Sec. 122.095.  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 subject to reexamination satisfies the applicable requirements for approval of the system or equipment for use in elections.
(b)  The secretary may examine the system or equipment to aid in determining whether it satisfies the requirements for approval.
(c)  If the reexamined system or equipment does not satisfy the applicable requirements for approval, the secretary by written order shall:
(1)  suspend approval of the system or equipment;
(2)  suspend approval for future use of the system or equipment;  or
(3)  give conditional 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.
Amended by:
Acts 2005, 79th Leg., Ch. 273 (H.B. 2465), Sec. 6, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 122 - State Supervision Over Voting Systems › Subchapter D. Reexamination of Voting System or Equipment › Section 122.096. Effect of Secretary of State's Action

Sec. 122.096.  EFFECT OF SECRETARY OF STATE'S ACTION.  (a)  A voting system or voting system equipment for which approval is suspended may not be used in an election held after the date the suspension order is issued.
(b)  A voting system or voting system equipment for which approval for future use is suspended may not be used in an election held after the date the suspension order is issued unless the system or equipment was adopted for use in the election before the date the suspension order is issued.  In that case, the system or equipment may be used in that election only.
(c)  A voting system or voting system equipment for which conditional approval is given may not be used in an election held after the date the conditional approval order is issued except in accordance with conditions prescribed by the conditional approval order.
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 D. Reexamination of Voting System or Equipment › Section 122.097. Notice of Secretary of State's Action

Sec. 122.097.  NOTICE OF SECRETARY OF STATE'S ACTION.  Not later than the fifth day after the date an order taking action under Section 122.095(c) is issued, the secretary of state shall deliver a copy of the order to the presiding officer of each political subdivision that owns or leases a system or equipment subject to the order.
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 D. Reexamination of Voting System or Equipment › Section 122.098. Subsequent Approval

Sec. 122.098.  SUBSEQUENT APPROVAL.  If a voting system or voting system equipment subject to an order under Section 122.095(c) is subsequently approved under Subchapter B, the approval nullifies the order.
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 D. Reexamination of Voting System or Equipment › Section 122.099. Report by Secretary of State

Sec. 122.099.  REPORT BY SECRETARY OF STATE.  (a)  The secretary of state shall prepare a written report on each reexamination.  The report must state whether the system or equipment satisfied the approval requirements and must include a description of and the reason for the action ordered.
(b)  The secretary shall attach the examiners' reports to the report prepared under this section and permanently retain the reports 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.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 123 - Adoption and Acquisition of Voting System › Subchapter A. Adoption of Voting System › Section 123.001. Adoption of Voting System Required

Sec. 123.001.  ADOPTION OF VOTING SYSTEM REQUIRED.  (a)  Before a voting system may be used in elections, the authority designated by this section, by resolution, order, or other official action of the authority, must adopt the system for use in the elections.
(b)  The decision on whether to adopt a voting system is made by the following authority:
(1)  for general elections for state and county officers, the commissioners court;
(2)  for primary elections, the county executive committee of the political party holding the primary;  and
(3)  for any other elections:
(A)  the commissioners court, if ordered by the governor or by a county authority;  or
(B)  the governing body of the political subdivision served by the authority ordering the elections, if ordered by an authority serving a political subdivision other than a county.
(c)  If a voting system is adopted for use in elections, the voting system shall be used in the elections in accordance with the terms and conditions stated in the official action adopting the system, subject to this title.
(d)  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 2001, 77th Leg., ch. 1054, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1107 (H.B. 2309), Sec. 2.21(1), eff. January 1, 2006.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 123 - Adoption and Acquisition of Voting System › Subchapter A. Adoption of Voting System › Section 123.002. Modification of Adoption Action

Sec. 123.002.  MODIFICATION OF ADOPTION ACTION.  The official action adopting a voting system for use in elections may be modified or rescinded at any time by the adopting authority.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 123 - Adoption and Acquisition of Voting System › Subchapter A. Adoption of Voting System › Section 123.003. Restricting Voting System to Particular Elections

Sec. 123.003.  RESTRICTING VOTING SYSTEM TO PARTICULAR ELECTIONS.  The authority adopting a voting system may restrict its use to any one or more elections.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 123 - Adoption and Acquisition of Voting System › Subchapter A. Adoption of Voting System › Section 123.004. Restricting Voting System to Particular Polling Places

Sec. 123.004.  RESTRICTING VOTING SYSTEM TO PARTICULAR POLLING PLACES.  The authority adopting a voting system may restrict its use to one or more polling places, subject to Section 123.009.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 2001, 77th Leg., ch. 557, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 123 - Adoption and Acquisition of Voting System › Subchapter A. Adoption of Voting System › Section 123.005. Multiple Methods of Voting at Same Polling Place

Sec. 123.005.  MULTIPLE METHODS OF VOTING AT SAME POLLING PLACE.  (a)  Except as otherwise provided by this code, only one kind of voting system may be used at a polling place in an election.
(b)  Except as otherwise provided by this title, regular paper ballots may not be used at a polling place 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 123 - Adoption and Acquisition of Voting System › Subchapter A. Adoption of Voting System › Section 123.006. Adoption of Voting System for Early Voting

Sec. 123.006.  ADOPTION OF VOTING SYSTEM FOR EARLY VOTING.  (a)  A voting system may be adopted for use in early voting only, regular voting on election day only, or both.
(b)  A voting system may be adopted for use in early voting by personal appearance only, early voting by mail only, or both.
(c)  Only one kind of voting system may be used for early voting by mail.  A voting system and regular paper ballots may not both be used in the same election for early voting by mail.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.55;  Acts 1991, 72nd Leg., ch. 554, Sec. 26, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 123 - Adoption and Acquisition of Voting System › Subchapter A. Adoption of Voting System › Section 123.007. Adoption of More Than One Voting System for Same Election

Sec. 123.007.  ADOPTION OF MORE THAN ONE VOTING SYSTEM FOR SAME ELECTION.  If more than one kind of voting system is adopted for use at the polling places in the same election, the adopting authority shall determine the polling place or places at which each system is to be used, subject to Section 123.009.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 2001, 77th Leg., ch. 557, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 123 - Adoption and Acquisition of Voting System › Subchapter A. Adoption of Voting System › Section 123.008. Requirements Regarding Manuals, Instructions, and Other Documents for Use With Electronic Voting System or Equipment

Sec. 123.008.  REQUIREMENTS REGARDING MANUALS, INSTRUCTIONS, AND OTHER DOCUMENTS FOR USE WITH ELECTRONIC VOTING SYSTEM OR EQUIPMENT.  (a)  Each person who sells, leases, or otherwise provides an electronic voting system or equipment to a political subdivision shall also provide any user or operator manuals or other instructions or documents relating to the use of the system or equipment.  The general custodian of election records for the political subdivision shall make those materials available for public inspection in the custodian's office on the request of any person.
(b)  The custodian shall also make available for public inspection in the custodian's office any materials described by Subsection (a) that are produced by the political subdivision for its elections.
Added by Acts 1987, 70th Leg., ch. 484, Sec. 5, eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 123 - Adoption and Acquisition of Voting System › Subchapter A. Adoption of Voting System › Section 123.009. Implementation of New Technology in Certain Elections

Sec. 123.009.  IMPLEMENTATION OF NEW TECHNOLOGY IN CERTAIN ELECTIONS.  (a)  This section applies to a voting system adopted for use in an election ordered by the governor or a county authority or in a primary election.
(b)  If the design of the voting system or voting system equipment is modified, upgraded, or otherwise enhanced by the incorporation of new technology, the voting system equipment implementing the new technology shall be distributed and used proportionately and equitably among the election precincts in which the particular voting system is used.
(c)  The secretary of state by rule shall prescribe any procedures necessary for the implementation of this section in a manner that protects the voting rights of the affected voters.
Added by Acts 2001, 77th Leg., ch. 557, Sec. 3, eff. Sept. 1, 2001.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 123 - Adoption and Acquisition of Voting System › Subchapter B. Acquisition of Equipment Used in Voting System › Section 123.031. Acquisition of Equipment by County

Sec. 123.031.  ACQUISITION OF EQUIPMENT BY COUNTY.  (a)  A county may contract to acquire the equipment necessary for operating a voting system by purchase, lease, or other means.
(b)  To finance the acquisition of equipment, the commissioners court may issue bonds or other evidences of indebtedness as authorized by general law, payable solely from the county general fund.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 728, Sec. 43, eff. Sept. 1, 1993.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 123 - Adoption and Acquisition of Voting System › Subchapter B. Acquisition of Equipment Used in Voting System › Section 123.0311. Disclosure of Related Entities

Sec. 123.0311.  DISCLOSURE OF RELATED ENTITIES.  (a)  A contract under Section 123.031 to acquire equipment necessary for operating a voting system from a vendor must identify each person or entity that has a five percent or greater ownership interest in:
(1)  the vendor;
(2)  the vendor's parent company, if applicable; and
(3)  each subsidiary or affiliate of the vendor, if applicable.
(b)  This section applies only to equipment acquired on or after September 1, 2021.
Added by Acts 2021, 87th Leg., R.S., Ch. 247 (H.B. 1397), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 123 - Adoption and Acquisition of Voting System › Subchapter B. Acquisition of Equipment Used in Voting System › Section 123.032. Acquisition of Equipment by Political Subdivision Other Than County

Sec. 123.032.  ACQUISITION OF EQUIPMENT BY POLITICAL SUBDIVISION OTHER THAN COUNTY.  (a)  A political subdivision other than a county may contract to acquire the equipment necessary for operating a voting system as provided by this section.
(b)  A political subdivision may lease the equipment from a county in which the political subdivision is wholly or partly situated.  If the desired equipment is not available from the county, the political subdivision may acquire it by purchase, lease, or other means from any other source.
(c)  If a political subdivision desires to lease equipment owned by a county in which the political subdivision is wholly or partly situated, the county shall lease the equipment to the political subdivision under the terms agreed to by the parties, except that the county's duty to lease the equipment is subject to reasonable restrictions and conditions imposed by the commissioners court to:
(1)  ensure availability of the equipment in elections for which the commissioners court adopted the voting system;  and
(2)  protect the equipment from misuse or damage.
(d)  The maximum amount that a county in which a political subdivision is wholly or partly situated may charge the political subdivision for leasing county-owned equipment is 10 percent of the purchase price of the equipment for each day the equipment is leased.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 728, Sec. 44, eff. Sept. 1, 1993.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 123 - Adoption and Acquisition of Voting System › Subchapter B. Acquisition of Equipment Used in Voting System › Section 123.033. Acquisition of Equipment by Political Party for Primary

Sec. 123.033.  ACQUISITION OF EQUIPMENT BY POLITICAL PARTY FOR PRIMARY.  (a)  A political party's county executive committee that desires to use a voting system for a primary election must acquire the equipment necessary for operating the voting system as provided by this section.
(b)  The county executive committee may contract to lease the equipment from the county.  If the equipment desired is not available from the county, the county executive committee may contract to lease it from any other source.
(c)  If the county executive committee desires to lease equipment owned by the county served by the committee, the county shall lease the equipment to the committee under the terms agreed to by the parties, except that the county's duty to lease the equipment is subject to reasonable restrictions and conditions imposed by the commissioners court to:
(1)  ensure availability of the equipment in elections for which the commissioners court adopted the voting system;  and
(2)  protect the equipment from misuse or damage.
(d)  A county is not required to provide a political party's county executive committee with equipment for use in an election precinct in which fewer than 100 votes were cast in the political party's most recent general or runoff primary.
(e)  The maximum amount that may be charged for leasing equipment to a county executive committee for a general or runoff primary is:
(1)   $5 for each unit of electronic voting system equipment installed at a polling place; and
(2)  $5 for each unit of other equipment not specified by this subsection.
(f)  In addition to the amount a county may charge for leasing its equipment under Subsection (e), a county may charge a county executive committee for the actual expenses incurred by the county in:
(1)  transporting the equipment to and from the polling places;
(2)  preparing the equipment for use in the primary election;  and
(3)  operating a central counting station for the primary election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2005, 79th Leg., Ch. 1107 (H.B. 2309), Sec. 2.06, eff. January 1, 2006.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 123 - Adoption and Acquisition of Voting System › Subchapter B. Acquisition of Equipment Used in Voting System › Section 123.034. Maintenance and Storage of Equipment

Sec. 123.034.  MAINTENANCE AND STORAGE OF EQUIPMENT.  The governing body of a political subdivision shall provide for the proper maintenance and storage of the equipment that the subdivision acquires for use in 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 123 - Adoption and Acquisition of Voting System › Subchapter B. Acquisition of Equipment Used in Voting System › Section 123.035. Voting System Equipment Contract

Sec. 123.035.  VOTING SYSTEM EQUIPMENT CONTRACT.  (a)  A contract for the acquisition of voting system equipment under this subchapter must be in writing and be approved by the secretary of state as to compliance of the voting system and voting system equipment with the applicable requirements.  The authority acquiring the equipment shall submit to the secretary of state a request for the letter and order described by this subsection accompanied by a copy of the relevant portions of the contract containing only the identifying information that the secretary needs to determine whether the version of the system and equipment being acquired under the contract complies with the applicable requirements.  If the contract is approved, the secretary of state shall provide to the parties to the contract:
(1)  a letter stating that the voting system and voting system equipment being acquired under the contract satisfy the applicable requirements for approval;  and
(2)  a certified copy of the written order issued by the secretary under Section 122.038 or 122.070 approving the voting system and voting system equipment for use in elections and, if applicable, of the written order issued under Section 122.095 granting conditional approval of the system or equipment.
(b)  A contract for the acquisition of voting system equipment under this subchapter that is not approved by the secretary of state in accordance with Subsection (a) is void.  The contract may not be ratified by either party and a payment may not be made relating to the contract.
(c)  A person commits an offense if the person executes a voting system equipment contract that is not approved by the secretary of state in accordance with Subsection (a).  An offense under this subsection is a Class B misdemeanor.
(d)  If the secretary of state does not approve a contract under this section, the secretary shall provide notice to the parties to the contract that states the reasons the contract was not approved.
Added by Acts 1993, 73rd Leg., ch. 728, Sec. 45, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 653, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 123 - Adoption and Acquisition of Voting System › Subchapter B. Acquisition of Equipment Used in Voting System › Section 123.036. Venue for Offenses

Sec. 123.036.  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. 45, eff. Sept. 1, 1993.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 123 - Adoption and Acquisition of Voting System › Subchapter C. Annual Voting System Report › Section 123.061. Annual Report Required

Sec. 123.061.  ANNUAL REPORT REQUIRED.  (a)  Each authority adopting a voting system for use in its elections shall file an annual report as provided by this subchapter.
(b)  The report must be filed with the secretary of state in the form prescribed by the secretary.
Added by Acts 1993, 73rd Leg., ch. 728, Sec. 46, eff. Sept. 1, 1993.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 123 - Adoption and Acquisition of Voting System › Subchapter C. Annual Voting System Report › Section 123.062. Filing Period

Sec. 123.062.  FILING PERIOD.  The report must be filed on or after July 1 and before July 15.
Added by Acts 1993, 73rd Leg., ch. 728, Sec. 46, eff. Sept. 1, 1993.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 123 - Adoption and Acquisition of Voting System › Subchapter C. Annual Voting System Report › Section 123.063. Contents of Report

Sec. 123.063.  CONTENTS OF REPORT.  The report must contain:
(1)  a description of the voting system currently used by the authority;
(2)  a copy of the written order issued by the secretary of state under Section 122.038 or 122.070 approving the voting system and voting system equipment for use in elections and, if applicable, of the written order issued under Section 122.095 granting conditional approval of the system or equipment;  and
(3)  a statement that the voting system currently used by the authority has not been modified since the date of filing of the authority's previous report, or if modified, that approval of the modified design has been sought under Subchapter C, Chapter 122.
Added by Acts 1993, 73rd Leg., ch. 728, Sec. 46, eff. Sept. 1, 1993.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 123 - Adoption and Acquisition of Voting System › Subchapter C. Annual Voting System Report › Section 123.064. Review of Report

Sec. 123.064.  REVIEW OF REPORT.  (a)  The secretary of state shall review each report filed under this subchapter not later than the 30th day after the date of the filing deadline for the report.
(b)  The secretary of state shall deliver a written delinquency notice to each authority that filed a report covering the previous reporting period but that fails to file a report covering the current reporting period.
(c)  The secretary of state may deliver to the attorney general the name of each authority that fails to file a report covering the current reporting period within 30 days after the date of receipt of a delinquency notice.
Added by Acts 1993, 73rd Leg., ch. 728, Sec. 46, eff. Sept. 1, 1993.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 123 - Adoption and Acquisition of Voting System › Subchapter C. Annual Voting System Report › Section 123.065. Mandamus by Attorney General

Sec. 123.065.  MANDAMUS BY ATTORNEY GENERAL.  The attorney general may seek a writ of mandamus to compel the filing of a report by each authority that fails to comply with this subchapter.
Added by Acts 1993, 73rd Leg., ch. 728, Sec. 46, eff. Sept. 1, 1993.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 123 - Adoption and Acquisition of Voting System › Subchapter C. Annual Voting System Report › Section 123.066. Additional Procedures Prescribed by Secretary of State

Sec. 123.066.  ADDITIONAL PROCEDURES PRESCRIBED BY SECRETARY OF STATE.  The secretary of state may prescribe any procedures necessary to implement this subchapter.
Added by Acts 1993, 73rd Leg., ch. 728, Sec. 46, eff. Sept. 1, 1993.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 124 - Voting System Ballot › Subchapter A. Voting System Ballot Generally › Section 124.002. Manner of Indicating Party Alignment

Sec. 124.002.  MANNER OF INDICATING PARTY ALIGNMENT.  (a)  In an election in which a candidate's name is to appear on the ballot as the nominee of a political party, the voting system ballot shall be arranged:
(1)  in party columns in the same manner as for a regular paper ballot on which a party nominee appears; or
(2)  by listing the office titles in a vertical column in the same manner as for a regular paper ballot on which a party nominee does not appear, except that the nominees' party alignments shall be indicated next to their names.
(b)  The order in which party nominees listed by office title appear on a voting system ballot is determined in accordance with the same priorities and in the same manner as for party nominees listed in party columns, with the changes appropriate to the circumstances.
(c)  Voting system ballots may not be arranged in a manner that allows a political party's candidates to be selected in one motion or gesture.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2005, 79th Leg., Ch. 1107 (H.B. 2309), Sec. 2.08, eff. January 1, 2006.
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 3.15, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 124 - Voting System Ballot › Subchapter A. Voting System Ballot Generally › Section 124.003. Separate Listing of Unopposed Candidates; Bloc Voting

Sec. 124.003.  SEPARATE LISTING OF UNOPPOSED CANDIDATES;  BLOC VOTING.  (a)  Any unopposed candidates may be listed separately under the heading "Uncontested Races" on a voting system ballot.
(b)  In an election in which the ballots indicate political party alignment, the party alignment of the candidates listed under the uncontested races heading shall be indicated next to the candidate's name.
(c)  Candidates listed under the uncontested races heading may be arranged in a manner requiring voting on them as one or more blocs, but only if an additional ballot would otherwise be necessary to accommodate all the candidates and propositions to be listed.
(d)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 404 (H.B. 25), Sec. 8, eff. September 1, 2020.
(e)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 349 (S.B. 1089), Sec. 3, eff. September 1, 2023.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 2003, 78th Leg., ch. 1061, Sec. 3.
Amended by:
Acts 2005, 79th Leg., Ch. 1107 (H.B. 2309), Sec. 2.09, eff. January 1, 2006.
Acts 2017, 85th Leg., R.S., Ch. 404 (H.B. 25), Sec. 8, eff. September 1, 2020.
Acts 2023, 88th Leg., R.S., Ch. 349 (S.B. 1089), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 124 - Voting System Ballot › Subchapter A. Voting System Ballot Generally › Section 124.004. Sample Ballot

Sec. 124.004.  SAMPLE BALLOT.  The secretary of state may prescribe standards regarding the form, content, preparation, and use of sample ballots for voting systems.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 124 - Voting System Ballot › Subchapter A. Voting System Ballot Generally › Section 124.005. Specimen Ballot

Sec. 124.005.  SPECIMEN BALLOT.  (a)  The secretary of state may prescribe standards regarding the form, content, preparation, availability, and use of specimen ballots in elections using voting systems.  The standards are not required to be consistent with those prescribed by this code for elections using regular paper ballots.
(b)  The secretary of state may provide, with respect to elections in which voting systems are used:
(1)  alternatives to the use of specimen ballots;  or
(2)  that specimen ballots are not required.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 124 - Voting System Ballot › Subchapter A. Voting System Ballot Generally › Section 124.006. Implementation of Provisional Ballot System

Sec. 124.006.  IMPLEMENTATION OF PROVISIONAL BALLOT SYSTEM.  The secretary of state shall prescribe the form of a provisional ballot and the necessary procedures to implement the casting of a provisional ballot as described by Section 63.011 and the verification and processing of provisional ballots under Subchapter B, Chapter 65, for each voting system used in this state.
Added by Acts 1997, 75th Leg., ch. 1078, Sec. 20, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 1315, Sec. 50, eff. Jan. 1, 2004.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 124 - Voting System Ballot › Subchapter C. Electronic Voting System Ballot › Section 124.062. Form of Electronic System Ballot

Sec. 124.062.  FORM OF ELECTRONIC SYSTEM BALLOT.  (a)  The electronic system ballot may be any size, composition, color, and texture that is suitable for the electronic voting system in which it is used, but the ballot may not be the same color as sample ballots.
(b)  The secretary of state may authorize the use of electronic system ballots that comprise two or more separate parts and may prescribe conditions and limitations under which the multipart ballots may be used.  A voting system using a multipart ballot must comply with the same standards as a voting system using a ballot consisting of only a single part.
(c)  The electronic system ballot may contain one or more printed code markings or punched holes if necessary for the proper voting and processing of the ballot.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 124 - Voting System Ballot › Subchapter C. Electronic Voting System Ballot › Section 124.0621. No Write-in Space Provided on Certain Ballots

Sec. 124.0621.  NO WRITE-IN SPACE PROVIDED ON CERTAIN BALLOTS.  If no candidate's name is to appear for a particular office on the list of write-in candidates in an election in which write-in votes may be counted only for names appearing on the list, a write-in space is not required for that office on an electronic system ballot on which a voter indicates a vote by making a mark on the ballot.
Added by Acts 1987, 70th Leg., ch. 472, Sec. 35, eff. Sept. 1, 1987;  Acts 1987, 70th Leg., ch. 497, Sec. 3, eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 124 - Voting System Ballot › Subchapter C. Electronic Voting System Ballot › Section 124.063. Instructions Required on Ballot

Sec. 124.063.  INSTRUCTIONS REQUIRED ON BALLOT.  (a)  An electronic system ballot on which a voter indicates a vote by making a mark on the ballot must contain the following instruction if candidates are to be voted on:  "Vote for the candidate of your choice in each race by making a mark in the space provided adjacent to the name of that candidate."   If a proposition appears on the ballot, the ballot must contain the following instruction:  "Make a mark in the space provided beside the statement indicating the way you desire to vote."
(b)   The instructions prescribed by Subsection (a) shall be changed appropriately if the election has only one race, more than one candidate is to be elected in a race, or other circumstances require an alteration of the instructions.
(c)  The electronic system ballot must contain instructions for casting a write-in vote.  The secretary of state shall prescribe the wording of the instructions.
(d)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 404 (H.B. 25), Sec. 8, eff. September 1, 2020.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 472, Sec. 36, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 728, Sec. 47, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 1107 (H.B. 2309), Sec. 2.10, eff. January 1, 2006.
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 124 - Voting System Ballot › Subchapter C. Electronic Voting System Ballot › Section 124.064. Separate Ballot Part for Write-in Voting

Sec. 124.064.  SEPARATE BALLOT PART FOR WRITE-IN VOTING.  (a)  The electronic system ballot may include a separate part for write-in voting.
(b)  The separate write-in part may be an envelope or any other form authorized by this code for electronic system ballots and must otherwise conform to standards prescribed by the secretary of state regarding its style, form, and content.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 124 - Voting System Ballot › Subchapter C. Electronic Voting System Ballot › Section 124.065. Paper Ballot for Office of Precinct Chair

Sec. 124.065.  PAPER BALLOT FOR OFFICE OF PRECINCT CHAIR.  (a)  The authority adopting an electronic voting system for use in a primary election may provide by resolution, order, or other official action for voting by paper ballot for the party office of precinct chair.
(b)  The paper ballot for precinct chair must conform to the applicable standards governing regular paper ballots, except that the ballot shall be limited to the office of precinct chair.
(c)  The secretary of state shall prescribe the form of the ballot for precinct chair consistent with this section.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 85, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 124 - Voting System Ballot › Subchapter C. Electronic Voting System Ballot › Section 124.066. Consultation With Programmer on Ballot Preparation

Sec. 124.066.  CONSULTATION WITH PROGRAMMER ON BALLOT PREPARATION.  In an election in which a programmer is appointed to program automatic tabulating equipment for processing electronic system ballots, the authority responsible for having the official ballot prepared shall confer with the programmer on the proper preparation of the ballots before having them prepared.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 125 - Conduct of Voting With Voting System › Subchapter A. Voting Systems Generally › Section 125.001. Allocation of Equipment Among Polling Places

Sec. 125.001.  ALLOCATION OF EQUIPMENT AMONG POLLING PLACES.  The authority responsible for allocating election supplies among the polling places for an election shall determine the number of voting machines or units of other voting system equipment to be installed at each polling place based on:
(1)  the number of votes cast at the polling place in previous, similar elections;
(2)  the number of registered voters eligible to vote at a polling place;
(3)  the number of units of equipment available; and
(4)  any other factors the authority determines are relevant.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2005, 79th Leg., Ch. 1107 (H.B. 2309), Sec. 2.11, eff. January 1, 2006.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 125 - Conduct of Voting With Voting System › Subchapter A. Voting Systems Generally › Section 125.002. Preparation of Equipment for Delivery to Polling Place

Sec. 125.002.  PREPARATION OF EQUIPMENT FOR DELIVERY TO POLLING PLACE.  Before voting system equipment is delivered to a polling place for use in an election, the authority responsible for distributing the election supplies to the polling places shall have the equipment put in proper order for use as prescribed by the secretary of state.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 125 - Conduct of Voting With Voting System › Subchapter A. Voting Systems Generally › Section 125.003. Delivery of Equipment to Polling Places

Sec. 125.003.  DELIVERY OF EQUIPMENT TO POLLING PLACES.  The secretary of state shall prescribe procedures governing delivery of voting system equipment to polling places to protect the equipment from tampering and damage.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 125 - Conduct of Voting With Voting System › Subchapter A. Voting Systems Generally › Section 125.004. Installation of Equipment at Polling Place

Sec. 125.004.  INSTALLATION OF EQUIPMENT AT POLLING PLACE.  (a)  Voting system equipment shall be installed at the polling place so that a voter can operate the equipment without violating the secrecy of the ballot.
(b)  The secretary of state may prescribe procedures consistent with this chapter for installing voting system equipment at polling places to protect the equipment from tampering and damage and to facilitate its proper operation.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 125 - Conduct of Voting With Voting System › Subchapter A. Voting Systems Generally › Section 125.005. Maintaining Security of Equipment During Voting

Sec. 125.005.  MAINTAINING SECURITY OF EQUIPMENT DURING VOTING.  (a)  The presiding judge shall periodically have an election officer inspect the voting system equipment for tampering and damage while voting is in progress.
(b)  If any tampering or damage is discovered, the inspecting officer shall immediately stop use of the equipment and report to the presiding judge, who shall promptly take appropriate action.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 125 - Conduct of Voting With Voting System › Subchapter A. Voting Systems Generally › Section 125.006. Malfunction of Equipment at Polling Place

Sec. 125.006.  MALFUNCTION OF EQUIPMENT AT POLLING PLACE.  (a)  The presiding judge shall stop use of malfunctioning voting system equipment installed at a polling place immediately after discovering that the equipment is not functioning properly.
(b)  The presiding judge shall have the malfunctioning equipment promptly repaired or replaced if practicable.
(c)  If the presiding judge determines that the equipment cannot be promptly repaired or replaced and that voting cannot be continued by using only the remaining operational equipment without substantially interfering with the orderly conduct of the election, voting at that polling place may be conducted by one of the following methods in addition to, or instead of, using remaining operational equipment:
(1)  using another voting system that has been adopted for use in the election;
(2)  using regular paper ballots, whether early voting ballots or ballots for regular voting on election day;  or
(3)  having voters manually mark the electronic system ballots that were furnished for use with the malfunctioning equipment and having the ballots processed as regular paper ballots.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.56;  Acts 1991, 72nd Leg., ch. 554, Sec. 27, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 125 - Conduct of Voting With Voting System › Subchapter A. Voting Systems Generally › Section 125.007. Assisting Voter

Sec. 125.007.  ASSISTING VOTER.  If a voter who is voting with a voting machine is physically unable to operate the machine, the voter is entitled to assistance under the applicable provisions for assisting voters using regular paper ballots.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2005, 79th Leg., Ch. 1107 (H.B. 2309), Sec. 2.12, eff. January 1, 2006.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 125 - Conduct of Voting With Voting System › Subchapter A. Voting Systems Generally › Section 125.008. Depositing the Ballot

Sec. 125.008.  DEPOSITING THE BALLOT.  A voter shall deposit the marked voting system ballot in the ballot box in accordance with the instructions provided at the polling place.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 125 - Conduct of Voting With Voting System › Subchapter A. Voting Systems Generally › Section 125.009. Training Polling Place Personnel

Sec. 125.009.  TRAINING POLLING PLACE PERSONNEL.  The authority adopting a voting system shall provide the election officers serving the polling places at which the voting system is used with the instruction and training necessary for the proper operation of the voting system.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 8 - Voting Systems › Chapter 125 - Conduct of Voting With Voting System › Subchapter A. Voting Systems Generally › Section 125.010. Presence of Voting System Technician Authorized

Sec. 125.010.  PRESENCE OF VOTING SYSTEM TECHNICIAN AUTHORIZED.  (a)  In this section, "voting system technician" means a person who as a vocation repairs, assembles, maintains, or operates voting system equipment.
(b)  On the request of the authority holding the election, a voting system technician may be present at a polling place, a meeting of the early voting ballot board, or a central counting station for the purpose of repairing, assembling, maintaining, or operating voting system equipment.
Added by Acts 2009, 81st Leg., R.S., Ch. 1235 (S.B. 1970), Sec. 12, eff. September 1, 2009.