HB1002 - Relating to the disposition of certain election records.

      By: Toth H.B. No. 1002       A BILL TO BE ENTITLED   AN ACT   relating to the disposition of certain election records.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 65.013(b), Election Code, is amended to   read as follows:          (b)  The register must state:                (1)  the total number of ballots received for   conducting voting at the polling place;                (2)  the number of defectively printed ballots   received;                (3)  the number of ballots provided to voters as   indicated by the number of voters on the poll list;                (4)  the number of spoiled ballots returned by voters;   [ and ]                (5)  the number of unused ballots that are not   accounted for as defectively printed ballots ;                 (6)     the range of serial numbers of the ballots   received for conducting voting at the polling place;                 (7)     the range of serial numbers of the ballots   provided to voters; and                 (8)  the serial numbers of the spoiled ballots .          SECTION 2.  Section 65.055(b), Election Code, is amended to   read as follows:          (b)  The board shall place the ballot in a separate envelope   for provisional ballots in the [ a ] ballot box containing all the   provisional ballots accepted for voting in the same precinct [ the   election ].          SECTION 3.  Sections 65.056(b) and (d), Election Code, are   amended to read as follows:          (b)  The early voting ballot board shall place the envelopes   containing rejected provisional ballots in envelopes segregated   and marked by precinct [ an envelope ] and shall seal each [ the ]   envelope. More than one envelope for each precinct may be used if   necessary.          (d)  A board member shall deliver the envelopes [ envelope ]   containing the rejected provisional ballots to the general   custodian of election records to be preserved for the period for   preserving the precinct election records. The envelopes [ envelope ]   may not be placed in the box containing the accepted provisional   ballots or any other election records .          SECTION 4.  Section 66.002, Election Code, is amended to   read as follows:          Sec. 66.002.  PRECINCT ELECTION RECORDS. In this chapter,   "precinct election records" means the precinct election returns,   voted ballots, and other records of an election that are assembled   and distributed under this chapter , and includes election data, as   defined by Section 279.001, associated with the precinct .          SECTION 5.  Section 66.0021(b), Election Code, is amended to   read as follows:          (b)  The general custodian of election records for a primary   election or the general election for state and county officers   shall maintain a list that states the total number of votes cast in   each precinct by personal appearance during the [ on ] election   period [ day ] that is available for public inspection not later than   the day after election day.          SECTION 6.  Section 66.058, Election Code, is amended by   amending Subsections (a), (b), (b-1), (c), and (g), and adding   Subsections (b-2) and (g-1) to read as follows:          (a)  Except as otherwise provided by this code, the precinct   election records shall be preserved by the authority to whom they   are distributed for at least 36 [ 22 ] months after election day.          (b)  For a period of at least 60 days after the date of the   election, the voted ballots shall be preserved securely in a locked   room in the locked ballot box in which they are delivered to the   general custodian of election records. On the 61st day after   election day, the general custodian of election records shall   [ may ]:                (1)  require a person who has possession of a key that   operates the lock on a ballot box containing voted ballots to return   the key to the custodian; [ and ]                (2)  unlock the ballot box and transfer the voted   ballots to another secure container , segregated and marked by   precinct, for the remainder of the preservation period ; and                 (3)     create and maintain an index of voted ballots and   ballot numbers assigned to each precinct, categorized by precinct   location and polling place location, and make the index available   to the public on the county election Internet website, if the county   maintains a website .          (b-1)  Except as permitted by this code, a ballot box or   other secure container containing voted ballots may not be opened   during the first 60 days of the preservation period.           (b-2)     A secure container that ballots or other precinct   election records are transferred to under this section must be   sealed with a uniquely numbered seal, and the number shall be logged   to ensure chain of custody during the preservation period.          (c)  If during the preservation period an authorized entry is   made into a ballot box or other secure container containing voted   ballots, when the purpose for the entry is fulfilled, the box or   container shall be relocked or resecured and resealed with a   uniquely numbered, logged seal , and the box and key or secure   container returned to the custodian.          (g)  Electronic records created under any other provision of   this code [ Chapter 129 ] shall be preserved in a secure container ,   segregated and marked by precinct .           (g-1)     If ballots are imaged during the election process, the   general custodian of election records shall post the ballot images,   including the serial number assigned to the ballot and indexed by   precinct, on the county's Internet website or the secretary of   state's Internet website not later than five days after the   election.          SECTION 7.  Section 66.059(c), Election Code, is amended to   read as follows:          (c)  Any interested person may observe the opening of the   box , and the opening of the box must be witnessed by two witnesses   who shall sign a sworn statement that confirms that the erroneously   placed election record was removed and where it was placed. The   sworn statement shall be preserved with the other precinct election   records .          SECTION 8.  Section 66.060(c), Election Code, is amended to   read as follows:          (c)  The custodian of the key to ballot box no. 3 shall keep   the key in a secure, locked place for the period for preserving the   precinct election records except for the time the key is   temporarily out of the custodian's custody in accordance with this   code.          SECTION 9.  Section 66.025(b), Election Code, is repealed.          SECTION 10.  This Act takes effect September 1, 2025.