HB3162 - Relating to the use of an accessible absentee mail system by certain voters.

  89R3240 PRL-D     By: Leach H.B. No. 3162       A BILL TO BE ENTITLED   AN ACT   relating to the use of an accessible absentee mail system by certain   voters.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 81, Election Code, is amended by adding   Sections 81.006 and 81.007 to read as follows:           Sec.   81.006.     ACCESSIBLE ABSENTEE BALLOT SYSTEM. (a) A   person eligible for early voting by mail under Section 82.002 may   receive and cast a ballot using an accessible absentee mail system   approved by the secretary of state under Section 81.007.           (b)     An accessible absentee mail system must be an electronic   system, including software, used for the sole purpose of enabling a   voter who has a disability and needs assistive technology for   marking or reading the ballot, to mark the voter's ballot and print   and submit the ballot in the manner required by Chapter 86 for a   ballot marked by the voter.           (c)     The secretary of state shall adopt rules and prescribe   procedures for the implementation of this section.           Sec.   81.007.     ACCESSIBLE ABSENTEE BALLOT SYSTEM STANDARDS.   (a)   An accessible absentee ballot system described by Section   81.006 may not be used in an election unless the system is approved   by the secretary of state in accordance with this section.           (b)     The secretary of state shall adopt standards for the   approval of an accessible absentee ballot system. At a minimum, the   standards adopted shall require an accessible absentee ballot   system to:                 (1)  preserve the secrecy of the ballot;                 (2)     authenticate the voter prior to delivery of a   ballot using:                       (A)     all information required under Sections   84.002(a)(1) and (1-a); and                       (B)     any other information the secretary of state   determines to be necessary for the positive identification of the   person accessing the ballot as the voter;                 (3)  operate safely, efficiently, and accurately;                 (4)     be equipped with security measures necessary to   prevent fraudulent or unauthorized manipulation;                 (5)     secure the screen and audio output of the device on   which the ballot is displayed during voting so that, other than the   voter's own notes, political advertising or a campaign   communication, as those terms are defined by Section 251.001, is   not displayed or audibly available to the voter while the ballot is   being marked;                 (6)     securely print the voter's marked ballot with a   unique serial number and transmit the ballot to the early voting   clerk without information identifying the voter;                 (7)     use a method of verification that a ballot was   issued to an eligible voter;                 (8)     require the voter, prior to accessing the ballot,   to swear or affirm that the voter is the person to whom the ballot is   issued, and affirmatively indicate the statement, "I have a   sickness or physical condition that prevents me from appearing at   the polling place on election day without a likelihood of needing   personal assistance or injuring my health," as prescribed by   Section 82.002(a), is true and correct;                 (9)     require the voter, after printing the voted   ballot, to:                         (A)     place the voted ballot in the official ballot   envelope and seal the ballot envelope;                       (B)     place the ballot envelope in the official   carrier envelope and seal the carrier envelope; and                       (C)     sign the certificate on the sealed carrier   envelope;                 (10)     prevent any image or record of a voter's ballot   choices, other than the original ballot printed, from being saved,   printed, transmitted, or stored on the voter's device;                 (11)     be incapable of transmitting voted ballot images   or records via the Internet; and                   (12)     be capable of providing records, including   Internet protocol addresses of the devices displaying a voter's   ballot, from which the operation of the accessible absentee ballot   system may be audited.           (c)     For the purposes of Subsection (b)(9)(A), a voter's   failure to use the official ballot envelope does not affect the   validity of the ballot and the voter must complete the official   carrier envelope as provided by Section 86.006.           (d)     The secretary of state by rule may prescribe additional   standards for accessible absentee ballot systems consistent with   this title. The standards adopted under this subsection may apply   to:                 (1)     particular kinds of accessible absentee ballot   systems;                 (2)     particular elements comprising an accessible   absentee ballot system, including operation procedures; or                   (3)  accessible absentee ballot systems generally.             (e)     The secretary of state by rule shall prescribe and   implement, to the extent applicable:                 (1)     a certification process for approval of an   accessible absentee ballot system using the process prescribed by   Subchapter B, Chapter 122;                   (2)     a process for approval of modification in design   of approved systems prescribed by Subchapter C, Chapter 122; and                   (3)     a process for reexamination of approved systems   prescribed by Subchapter D, Chapter 122.          SECTION 2.  Section 86.002, Election Code, is amended by   adding Subsection (a-1) to read as follows:           (a-1)     The early voting clerk shall provide to a voter using   an accessible absentee ballot system under Section 81.006:                 (1)     the balloting materials required under this   section; and                 (2)     instructions prescribed by the secretary of state   for accessing the accessible absentee ballot system.          SECTION 3.  Section 86.003(a), Election Code, is amended to   read as follows:          (a)  The balloting materials for voting by mail shall be   provided to the voter by mail.   Except for a ballot voted under   Section 81.006, a  [ A ] ballot provided by any other method may not be   counted.          SECTION 4.  Section 86.009, Election Code, is amended by   adding Subsection (g) to read as follows:           (g)     The secretary of state by rule shall modify the   procedures required under this section if an accessible absentee   ballot system is used to deliver a ballot to a voter.          SECTION 5.  This Act takes effect September 1, 2025.