SB827 - Relating to the audit of an election using an electronic voting system.

      S.B. No. 827         AN ACT   relating to the audit of an election using an electronic voting   system.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 127.201, Election Code, is amended to   read as follows:          Sec. 127.201.   HAND [ PARTIAL ] COUNT ELECTION AUDIT [ OF   ELECTRONIC VOTING SYSTEM BALLOTS BY GENERAL CUSTODIAN ].  (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 all the races in at least one percent of the   election day polling locations and one percent of the early voting   locations [ precincts ] or in three election day polling locations   and three early voting locations [ precincts ], whichever is greater,   in which the electronic voting system was used. The general   custodian shall conduct a manual count of all the races contained on   the ballots by mail in at least one percent of the precincts in   which a ballot by mail was cast and in which the ballots were   counted using automatic tabulating equipment, or in three precincts   in which a ballot by mail was cast and in which the ballots were   counted using automatic tabulating equipment, whichever is   greater. The custodian shall select the polling locations and   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. Subsections [ Subsection ]   (b) , (b-1), (b-2), and (b-3) supersede [ supersedes ] this subsection   to the extent of a conflict.          (b)  In 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, the polling locations and   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 polling locations and   precincts. The secretary shall notify the general custodian of   election records of the polling locations, precincts, offices, and   propositions selected under this subsection not earlier than the   day after election day.           (b-1)     The general custodian of election records shall   designate the members of the early voting ballot board for the   election to perform the manual count under this section at the   direction of the custodian. If one or more members of the early   voting ballot board are unable to serve, then additional members   may be appointed using the appointment procedures under Section   87.002.             (b-2)     In an election in which a statewide risk-limiting   audit is performed under Subchapter I, the manual count under this   section shall begin the count not later than the first business day   after the secretary of state has certified the completion of the   risk-limiting audit, and the count must be completed not later than   the 30th day after election day or by the deadline designated by the   secretary of state for completion of the count, whichever is later.             (b-3)     The general custodian of election records, in   accordance with procedures prescribed by the secretary of state,   may select additional precincts and polling places to be counted   under this section.            (c)  On selection or notification, as applicable, of the   polling locations and precincts to be counted, the general   custodian of election records shall post in the custodian's office   a notice of the date, hour, and place of the count.          (d)  Each person entitled to appoint watchers [ candidate ] in   the election is entitled to be present at the count and is entitled   to have a watcher [ representative ] present.  A watcher appointed to   the count [ representative ] must satisfy the same eligibility   requirements as a watcher under Chapter 33 and must be appointed in   the same manner as a watcher under Chapter 33. The watcher must   deliver their certificates [ a certificate of appointment ] to the   presiding judge of the early voting ballot board [ general   custodian ] at the time the watcher [ representative ] reports for   service. [ The certificate must be in writing and must include:                [ (1)     the printed name and signature of the   representative;                [ (2)  the election subject to the count; and                [ (3)     the printed name and signature of the candidate   making the appointment. ]          (e)  Not later than the third day after the date the count is   completed, the general custodian of election records shall :                 (1)   deliver a written report of the results of the   count to the secretary of state ; and                 (2)     post the results of the count on the county's   Internet website in the same location that the county provides   information on election returns and election results .          (g)  This section does not apply to the tabulation of   electronic voting system results for a voting system that uses   direct recording electronic voting machines.          SECTION 2.  Section 127.302, Election Code, is amended by   amending Subsections (a), (b), and (c) and adding Subsection (a-1)   to read as follows:          (a)   The [ Not later than 24 hours after all ballots have been   counted in an election, the ] general custodian of election records   shall participate in [ conduct ] a risk-limiting audit for one or   more [ a ] selected statewide races [ race ] or measures [ measure ].     The custodian shall begin the audit on a date prescribed by the   secretary of state.           (a-1)     All counties holding an election subject to this   subchapter must participate in the risk-limiting audit on the   selected statewide races or measures as provided by this section,   regardless of the method of counting voted ballots used by the   county.            (b)  The secretary of state shall select, in accordance with   rules adopted by the secretary, the precincts to be counted and the   offices [ office ] or propositions [ proposition ] to be counted.          (c)  The general custodian of election records shall   complete the audit on the date prescribed by the secretary of state   [ not later than 24 hours before the time for conducting the canvass   of the election ].          SECTION 3.  This Act takes effect September 1, 2025.               ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 827 passed the Senate on   April 10, 2025, by the following vote:  Yeas 26, Nays 4.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 827 passed the House on   May 24, 2025, by the following vote:  Yeas 137, Nays 0, two   present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor