CHAPTER 121. GENERAL PROVISIONS
ELECTION CODE
TITLE 8. VOTING SYSTEMS
CHAPTER 121. GENERAL PROVISIONS
Sec. 121.001. APPLICABILITY OF OTHER PARTS OF CODE. The other
titles of this code apply to an election in which a voting system
is used except to the extent that a provision is inconsistent
with this title or cannot feasibly be applied in an election
using a voting system.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 121.002. PECUNIARY INTEREST OF SECRETARY OF STATE. The
secretary of state may not have a pecuniary interest in the
manufacturing or marketing of voting system equipment or software
necessary for the operation of a voting system.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 121.003. DEFINITIONS. In this title:
(1) "Voting system" means a method of casting and processing
votes that is designed to function wholly or partly by use of
mechanical, electromechanical, or electronic apparatus and
includes the procedures for casting and processing votes and the
programs, operating manuals, tabulating cards, printouts, and
other software necessary for the system's operation.
(2) "Electronic voting system" means a voting system in which
the ballots are automatically counted and the results
automatically tabulated by use of electronically operated
apparatus.
(3) "Voting machine" means an apparatus on which voters cast
their votes, that records each vote, and that furnishes a total
of the number of votes cast for the candidates and for and
against the measures.
(4) "Voting system equipment" means any kind of mechanical,
electromechanical, or electronic apparatus for use in a voting
system.
(5) "Automatic tabulating equipment" means equipment, other than
a voting machine, that compiles vote totals by ballot sorting,
ballot reading, ballot scanning, or electronic data processing.
(6) "Public counter" means a registering device that
cumulatively records the number of voters casting votes on a
voting machine and that is constructed and installed on the
machine in a way that provides an unobstructed view of the
recorded number.
(7) "Protective counter" means a registering device that
permanently records the cumulative number of times that a voting
machine has been operated and that is installed in the machine in
a way that prevents resetting the device.
(8) "Registering counter" means a registering device on a voting
machine that records the votes cast for a particular candidate or
for or against a particular measure.
(9) "Electronic system ballot" means a ballot designed for use
with an electronic voting system.
(10) "Punch-card ballot" means an electronic system ballot in
the form of a tabulating card.
(11) "Voting system ballot" means a ballot designed for use with
a voting system.
(12) "Direct recording electronic voting machine" or "DRE" means
a voting machine that is designed to allow a direct vote on the
machine by the manual touch of a screen, monitor, or other device
and that records the individual votes and vote totals
electronically.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 484, Sec. 1, eff. Sept. 1, 1987;
Acts 2001, 77th Leg., ch. 1054, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
1107, Sec. 2.04, eff. January 1, 2006.