HB4152 - Relating to the required use of hand-marked paper ballots for all elections.

  89R10898 JDK-D     By: Lowe H.B. No. 4152       A BILL TO BE ENTITLED   AN ACT   relating to the required use of hand-marked paper ballots for all   elections.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 32.091(b), Election Code, is amended to   read as follows:          (b)  A judge or clerk may not be paid for more than two hours   of work before the polls open, except for payment made for work   under Section 62.014(c).  [ In a precinct in which voting machines   are used, a judge or clerk may not be paid for more than two hours of   work after the time for closing the polls or after the last voter   has voted, whichever is later. ]          SECTION 2.  Section 33.054(b), Election Code, is amended to   read as follows:          (b)  A watcher serving at the meeting place of an early   voting ballot board may not leave during voting hours on election   day without the presiding judge's permission if the board has   [ recorded any votes cast on voting machines or ] counted any   ballots, unless the board has completed its duties and has been   dismissed by the presiding judge.          SECTION 3.  Section 43.007(d), Election Code, is amended to   read as follows:          (d)  The secretary of state shall select to participate in   the program each county that:                (1)  has held a public hearing under Subsection (b);                (2)  has submitted documentation listing the steps   taken to solicit input on participating in the program by   organizations or persons who represent the interests of voters;                (3)  has implemented a computerized voter registration   list that allows an election officer at the polling place to verify   that a voter has not previously voted in the election;                (4)  uses [ direct recording electronic voting   machines, ballot marking devices, or ] hand-marked scannable paper   ballots that are printed and scanned at the polling place or any   other type of voting system equipment that the secretary of state   determines is capable of processing votes for each type of ballot to   be voted in the county; and                (5)  is determined by the secretary of state to have the   appropriate technological capabilities.          SECTION 4.  Section 52.075, Election Code, is amended to   read as follows:          Sec. 52.075.  MODIFICATION OF BALLOT FORM FOR CERTAIN VOTING   SYSTEMS.  (a)  The secretary of state may prescribe the form and   content of a ballot for an election using a voting system, including   an electronic voting system [ or a voting system that uses direct   recording electronic voting machines or ballot marking devices ], to   conform to the formatting requirements of the system.          (b)  In this section, [ "ballot marking device," "direct   recording electronic voting machine," ] "electronic voting   system[ , ]" and "voting system" have the meanings assigned by   Section 121.003.          SECTION 5.  Section 68.032(a), Election Code, is amended to   read as follows:          (a)  In precincts using paper ballots [ , voting machines, ] or   electronic voting system ballot counters, the copy of the returns   required to be delivered to the county clerk shall be delivered not   later than two hours, or as soon thereafter as practicable, after   the closing of the polls or after the last person voted, whichever   is later.          SECTION 6.  Sections 85.071(a) and (b), Election Code, are   amended to read as follows:          (a)  During the period for early voting by personal   appearance, the ballots voted at a branch polling place [ , other   than those cast on a voting machine, ] shall be:                (1)  retained securely at the branch polling place in a   locked room accessible only to election officers; or                (2)  delivered by an election officer or designated law   enforcement officer to the main early voting polling place at the   close of voting each day.          (b)  The unvoted ballots at the branch polling place [ , other   than voting machine ballots, ] shall be retained or delivered with   the voted ballots but in a separate locked container.          SECTION 7.  Section 87.022, Election Code, is amended to   read as follows:          Sec. 87.022.  TIME OF DELIVERY: GENERAL RULE. Except as   provided by Section 87.0221, 87.0222, or 87.023, [ or 87.024, ] the   materials shall be delivered to the early voting ballot board under   this subchapter during the time the polls are open on election day,   or as soon after the polls close as practicable, at the time or   times specified by the presiding judge of the board.          SECTION 8.  Subchapter A, Chapter 123, Election Code, is   amended by adding Section 123.010 to read as follows:           Sec.   123.010.     CERTAIN ELECTRONIC VOTING SYSTEMS   PROHIBITED. An authority holding elections in this state may only   adopt a voting system that requires hand-marked paper ballots for   all elections.          SECTION 9.  Section 125.001, Election Code, is amended to   read as follows:          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.          SECTION 10.  Section 145.098(a), Election Code, is amended   to read as follows:          (a)  If a candidate files a withdrawal request after the   deadline prescribed by Section 145.092, and the candidate complies   with each requirement under Section 145.001 except that the   candidate's filing to withdraw is untimely, the authority   responsible for preparing the ballots may choose to omit the   candidate from the ballot if at the time the candidate files the   withdrawal request[ :                [ (1) ]  the ballots have not been prepared[ ; and                [ (2)     if using a voting system to which Chapter 129   applies, public notice of the test of logic and accuracy has not   been published ].          SECTION 11.  Section 213.007(a), Election Code, is amended   to read as follows:          (a)  On presentation by a recount committee chair of a   written order signed by the recount supervisor, the custodian of   voted ballots [ , voting machines ] or test materials or programs   used in counting electronic voting system ballots shall make the   ballots [ , machines, ] or materials or programs, including the   records from which the operation of the voting system may be   audited, available to the committee.          SECTION 12.  Section 221.008, Election Code, is amended to   read as follows:          Sec. 221.008.  EXAMINATION OF SECURED BALLOTS AND   EQUIPMENT.  A tribunal hearing an election contest may cause   secured ballot boxes [ , voting machines, ] or other equipment used   in the election to be unsecured to determine the correct vote count   or any other fact that the tribunal considers pertinent to a fair   and just disposition of the contest.          SECTION 13.  Section 292.001(a), Local Government Code, is   amended to read as follows:          (a)  The commissioners court of a county may purchase,   construct, or provide by other means, including a lease or a lease   with an option to purchase, or may reconstruct, improve, or equip a   building or rooms, other than the courthouse, for the housing of   county or district offices, county or district courts, justice of   the peace courts, county records or equipment [ (including voting   machines) ], or county jail facilities, or for the conducting of   other public business, if the commissioners court determines that   the additional building or rooms are necessary.  The commissioners   court may purchase and improve the necessary site for the building   or rooms.          SECTION 14.  (a) The following provisions of the Election   Code are repealed:                (1)  Sections 61.002(a), (c), and (d);                (2)  Section 66.058(g);                (3)  Section 85.033;                (4)  Section 87.024;                (5)  Chapter 104;                (6)  Section 112.009;                (7)  Section 112.010;                (8)  Sections 121.003(3), (6), (7), (8), (12), and   (13);                (9)  Section 122.033;                (10)  Section 125.007;                (11)  Section 127.201(g);                (12)  Chapter 129;                (13)  Section 212.134(b); and                (14)  Section 213.016.          (b)  Section 33.05, Penal Code, is repealed.          SECTION 15.  (a) The change in law made by this Act to   Section 221.008, Election Code, applies only to an election contest   filed on or after the effective date of this Act.  An election   contest filed before the effective date of this Act is governed by   the law as it existed immediately before the effective date of this   Act, and that law is continued in effect for that purpose.          (b)  The change in law made by this Act in repealing Section   33.05, Penal Code, applies only to an offense committed on or after   the effective date of this Act.  An offense committed before the   effective date of this Act is governed by the law in effect when the   offense was committed, and the former law is continued in effect for   that purpose.  For purposes of this section, an offense was   committed before the effective date of this Act if any element of   the offense occurred before that date.          SECTION 16.  This Act takes effect September 1, 2025.