SB2208 - Relating to the procedures for the testing of voting system equipment.

  89R5308 MPF-D     By: Hall S.B. No. 2208       A BILL TO BE ENTITLED   AN ACT   relating to the procedures for the testing of voting system   equipment.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 127.094(b), Election Code, is amended to   read as follows:          (b)  A group of test ballots , including ballots by mail,   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.          SECTION 2.  Section 129.023, Election Code, is amended by   amending Subsection (c) and adding Subsection (c-2) to read as   follows:          (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)     include the testing of optical scanners and   ballot marking devices, if applicable to the system being tested;                 (11)     require that each test ballot is marked and   labeled as a test ballot to ensure that it is not used to cast votes   in an election;                 (12)     require that, for a test ballot marked by hand,   the votes are cast and verified by a two-person testing board team;   and                 (13)     require that, if the general custodian of   election records discovers a discrepancy in the actual and expected   results under Subdivision (9), the general custodian of election   records must:                       (A)  reconcile or verify the discrepancy;                       (B)     provide a written explanation for the   discrepancy;                       (C)     publish the written explanation described by   Paragraph (B) on the county's Internet website; and                       (D)     immediately following the completion of the   test, conduct another test open to the public in accordance with the   procedures provided by this section .           (c-2)     For purposes of Subsection (c-1), a representative   sample of voting system equipment consists of the lesser of 10 units   of voting system equipment or five percent of the total number of   units of voting system equipment to be used by the county in an   election.          SECTION 3.  The changes in law made by this Act apply only to   an election that is ordered on or after the effective date of this   Act.          SECTION 4.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.