SB77 - Relating to the use of paper ballots and certain electronic devices in conducting an election.

  89R2491 MPF-D     By: Hall S.B. No. 77       A BILL TO BE ENTITLED   AN ACT   relating to the use of paper ballots and certain electronic devices   in conducting an election.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  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 2.  Section 63.002(d), Election Code, is amended to   read as follows:          (d)   A [ The ] signature roster [ may be ] in the form of an   electronic device may not be used in an election [ approved by the   secretary of state that is capable of capturing a voter's signature   next to the voter's name on the device. The secretary of state shall   adopt rules governing the processing of electronic signatures   captured under this subsection ].          SECTION 3.  Section 63.003(d), Election Code, is amended to   read as follows:          (d)   A [ The ] poll list [ may be ] in the form of an electronic   device may not be used in an election [ approved by the secretary of   state. The secretary of state shall adopt rules governing the use   of electronic poll lists ].          SECTION 4.  Section 63.004(e), Election Code, is amended to   read as follows:          (e)  A combination form [ may be ] in the form of an electronic   device may not be used in an election [ approved by the secretary of   state. The secretary of state shall adopt rules governing the   minimum requirements and approval of an electronic device used for   any form used in connection with the acceptance of voters at a   polling place ].          SECTION 5.  Subchapter A, Chapter 125, Election Code, is   amended by adding Sections 125.0071 and 125.011 to read as follows:           Sec.   125.0071.     PROVISION OF PAPER BALLOT. An election   officer at a polling place where an electronic voting system is used   must provide a paper ballot to each voter who requests one. A paper   ballot provided under this section must be printed at the time the   request is made and, after being voted by the voter, must be scanned   at the polling place with an optical scanner.           Sec.   125.011.     USE OF BALLOT MARKING DEVICE. A voting system   that consists of a ballot marking device may not be used in an   election.          SECTION 6.  Section 31.014, Election Code, is repealed.          SECTION 7.  The changes in law made by this Act apply only to   an election held on or after the effective date of this Act.  An   election held before the effective date of this Act is governed by   the law in effect when the election was held, and that law is   continued in effect for that purpose.          SECTION 8.  This Act takes effect September 1, 2025.