HB5029 - Relating to the partial count of electronic voting system ballots.

  89R15115 MPF-D     By: Lowe H.B. No. 5029       A BILL TO BE ENTITLED   AN ACT   relating to the partial count of electronic voting system ballots.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 127.201, Election Code, is amended by   amending Subsections (a) and (b) and adding Subsections (a-1) and   (a-2) to read as follows:          (a)  To ensure the accuracy of the tabulation of electronic   voting system results, the general custodian of election records   shall conduct a manual count of contested races and propositions in   a federal, state, county, and local election on the ballot, as   applicable, [ all the races ] in at least 10 [ one ] percent of the   election precincts or in 10 [ three ] precincts, whichever is   greater, in which the electronic voting system was used.  The   custodian shall select at least one contested race or proposition   in a federal, state, county, and local election on the ballot, as   applicable, and the precincts at random and shall begin the count   not later than 72 hours after the polls close.  The count shall be   completed not later than the 21st day after election day.     [ Subsection (b) supersedes this subsection to the extent of a   conflict. ]           (a-1)     The general custodian of election records shall, not   later than the 48th hour before the custodian selects the races,   propositions, and precincts under Subsection (a), post in the   custodian's office and on the county's Internet website or, if the   county does not maintain an Internet website, on the bulletin board   used for posting notices of the meetings of the commissioners court   notice of the date, hour, and location of the selection.             (a-2)     The selection of races, propositions, and precincts   under Subsection (a) shall be open to the public and streamed with   live video and audio on the county's Internet website, if the county   maintains an Internet website.   The general custodian of election   records shall encourage the public to observe or participate in the   selection process.          (b)  In addition to the selection by the general custodian of   election records under Subsection (a) [ a general election for state   and county officers, primary election, or election on a proposed   amendment to the state constitution or other statewide measure   submitted by the legislature ], the secretary of state shall select,   in accordance with rules adopted by the secretary, at least 10   contested races and 10 propositions on the ballot in a federal or   state election to be manually counted at the precincts selected   under Subsection (a). If there are fewer than 10 contested races or   10 propositions on the ballot, the secretary of state shall select   all of the races or propositions, as applicable [ the precincts to be   counted under Subsection (a).   The secretary shall designate not   more than three offices and not more than three propositions to be   counted in the selected precincts ].  The secretary shall notify the   general custodian of election records of the [ precincts, ]   offices[ , ] and propositions selected under this subsection not   later [ earlier ] than 5 p.m. of the day after election day.          SECTION 2.  Section 127.201(c), Election Code, is repealed.          SECTION 3.  The changes in law made by this Act apply only to   an election ordered on or after the effective date of this Act.          SECTION 4.  This Act takes effect September 1, 2025.