SB2166 - Relating to testing of voting tabulation equipment.

      S.B. No. 2166         AN ACT   relating to testing of voting tabulation equipment.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 127.091, 127.092, and 127.093, Election   Code, are amended to read as follows:          Sec. 127.091.  TEST OF TABULATING EQUIPMENT REQUIRED. The   automatic tabulating equipment used for counting ballots in an   election [ at a central counting station ] shall be tested as   provided by this subchapter.          Sec. 127.092.  TESTING AUTHORITIES.   (a)   The general   custodian of election records and the testing board for the public   test of logic and accuracy conducted under Section 129.023 shall   prepare and conduct the first test of automatic tabulating   equipment used at a central counting station and the test of   automatic tabulating equipment used at a polling place.           (b)   The programmer, tabulation supervisor, counting station   manager, and presiding judge of the central counting station shall   jointly prepare and conduct subsequent tests of the automatic   tabulating equipment used at the station [ the test jointly ].          Sec. 127.093.  TIMES FOR CONDUCTING TEST. (a) The automatic   tabulating equipment used in a central counting station [ test ]   shall be tested [ conducted three times ] for each election as   provided by this subchapter .          (b)  The first test of automatic tabulating equipment used in   a central counting station and the test of automatic tabulating   equipment used at a polling place shall be conducted in conjunction   with the public test of logic and accuracy conducted under Section   129.023 [ at least 48 hours before the automatic tabulating   equipment is used to count ballots voted in the election ].          (c)  The automatic tabulating equipment used in a central   counting station [ second test ] shall be tested [ conducted ]   immediately before each time the counting of ballots with the   equipment begins.          (d)  The automatic tabulating equipment used in a central   counting station [ third test ] shall be tested [ conducted ]   immediately after each time the counting of ballots with the   equipment is completed.          SECTION 2.  Section 127.094(b), Election Code, is amended to   read as follows:          (b)  A group of test ballots shall be counted with the   equipment using the program prepared for processing the ballots   voted in the election. The test ballots must be printed on the same   stock as the official ballots for the election.   The test ballots   used for the first test of automatic tabulating equipment used in a   central counting station and the test of automatic tabulating   equipment used at a polling place must be the test ballots generated   during the public test of logic and accuracy conducted under   Section 129.023.   The test materials for subsequent tests of the   equipment used in a central counting station must be the electronic   media produced during the testing of automatic tabulating equipment   conducted in conjunction with the public test of logic and   accuracy.          SECTION 3.  Section 127.096(a), Election Code, is amended to   read as follows:          (a)  The general custodian of election records [ the   automatic tabulating equipment ] shall conduct the first test of   automatic tabulating equipment used in a central counting station   and the test of automatic tabulating equipment used at a polling   place in conjunction with the test of logic and accuracy conducted   under Section 129.023 and shall provide [ publish ] notice of the   date, hour, and place of the test in the same manner as required for   the public test of logic and accuracy [ conducted under Section   127.093(b) in a newspaper, as provided by general law for official   publications by political subdivisions, at least 48 hours before   the date of the test ].          SECTION 4.  Section 127.099, Election Code, is amended by   amending Subsections (a) and (c) and adding Subsections (a-1),   (a-2), and (d) to read as follows:          (a)  On completing the first [ each ] test of automatic   tabulating equipment used in a central counting station and the   test of automatic tabulating equipment used at a polling place , the   general custodian of election records [ presiding judge ] shall place   the test ballots and other test materials in a container provided   for that purpose and seal the container so it cannot be opened   without breaking the seal. The testing board [ manager, tabulation   supervisor, presiding judge, ] and not more than two watchers, if   one or more watchers are present, shall sign the seal. The watchers   must be of opposing interests if such watchers are present.           (a-1)     The general custodian of election records shall   provide the test materials to the presiding judge of the central   counting station before subsequent tests of the automatic   tabulating equipment used at the central counting station are   conducted under Sections 127.093(c) and (d).           (a-2)     On completing subsequent tests of the automatic   tabulating equipment used at the central counting station under   Sections 127.093(c) and (d), the presiding judge shall place the   test ballots and other test materials in a container provided for   that purpose and seal the container so it cannot be opened without   breaking the seal.   The manager, tabulation supervisor, presiding   judge, and not more than two watchers, if one or more watchers are   present, shall sign the seal.   The watchers must be of opposing   interests if such watchers are present.          (c)  The container may not be unsealed unless the contents   are necessary to conduct a test under this subchapter, a criminal   investigation, an election contest, a request for public inspection   under Subsection (d), or any other official proceeding under this   code. If the container is unsealed, the authority in charge of the   proceeding shall reseal the contents when not in use.           (d)     The test materials may not be made available for public   inspection until the first day after the final canvass of the   election is completed. The sealed container containing the test   materials may be unsealed to allow for public inspection of the   records and shall be resealed after the inspection of those records   is completed.          SECTION 5.  Section 127.100(a), Election Code, is amended to   read as follows:          (a)  The general custodian of election records is the   custodian of the test materials following the completion of the   first test of automatic tabulating equipment used in a central   counting station and the test of automatic tabulating equipment   used at a polling place.   After the test materials are delivered to   the presiding judge in accordance with Section 127.099(a-1), the   presiding judge is the custodian of the test materials until they   are delivered under Subsection (b).          SECTION 6.  Section 129.021, Election Code, is amended to   read as follows:          Sec. 129.021.  ACCEPTANCE TESTING. (a)   In this section,   "hash validation" means a mathematical function that, when applied   to a file, creates a unique string of letters and numbers that may   be used to confirm that a voting system and its source code have not   been altered.           (b)   Immediately after receiving a voting system from a   vendor, the general custodian of election records shall:                (1)  verify that the system delivered is certified by   the secretary of state;                (2)  perform a hardware diagnostic test on the system   as provided by Section 129.022(b);                (3)  perform a public test of logic and accuracy on the   system as provided by Section 129.023; [ and ]                (4)   perform a hash validation on each ballot marking   device, each unit of automatic tabulating equipment, and each   tabulation computer to verify that the source code of the equipment   has not been altered; and                 (5)   perform any additional test that the secretary of   state may prescribe.          SECTION 7.  Section 129.023, Election Code, is amended by   amending Subsections (b), (c), and (c-1) and adding Subsections   (b-3), (c-2), and (f-1) to read as follows:          (b)  Not later than the 48th day before election day [ 48   hours before voting begins on a voting system ], the general   custodian of election records shall conduct a logic and accuracy   test. Public notice of the test must be published on the political   subdivision's [ county's ] Internet website, if the political   subdivision [ county ] maintains an Internet website, or on the   bulletin board used for posting notice of meetings of the political   subdivision's governing body [ commissioners court ] if the   political subdivision [ county ] does not maintain an Internet   website, at least 48 hours before the test begins, and the test must   be open to the public.           (b-3)     If the test cannot be conducted before the 48th day   before election day, then the general custodian shall conduct the   test as soon as practicable after that date and must notify the   secretary of state within 24 hours of the determination that the   deadline cannot be met.          (c)  The general custodian of election records shall adopt   procedures for testing that:                (1)  direct the testing board to cast votes;                (2)  verify that each contest position, as well as each   precinct and ballot style, on the ballot can be voted and is   accurately counted;                (3)  include overvotes and undervotes for each race, if   applicable to the system being tested;                (4)  include write-in votes, when applicable to the   election;                (5)  include provisional votes, if applicable to the   system being tested;                (6)  calculate the expected results from the test   ballots;                (7)  ensure that each voting machine has any public   counter reset to zero and presented to the testing board for   verification before testing;                (8)  require that, for each feature of the system that   allows disabled voters to cast a ballot, at least one vote be cast   and verified by a two-person testing board team using that feature;   [ and ]                (9)  require that, when all votes are cast, the general   custodian of election records and the testing board observe the   tabulation of all ballots and compare the actual results to the   expected results ;                 (10)     ensure that each type of automatic tabulating   equipment, ballot marking device, and direct recording electronic   voting device used in the election is tested;                 (11)     include each type of ballot used in the election,   including mail ballot stock and ballots marked from ballot marking   devices, if any;                 (12)     require that tested ballots are marked and   labeled to ensure they are not used in an upcoming election; and                 (13)     require that, if the testing board determines   that the test is unsuccessful, the general custodian of election   records:                 & [Text truncated for display. 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