CHAPTER 122. STATE SUPERVISION OVER VOTING SYSTEMS
ELECTION CODE
TITLE 8. VOTING SYSTEMS
CHAPTER 122. STATE SUPERVISION OVER VOTING SYSTEMS
SUBCHAPTER A. VOTING SYSTEM STANDARDS
Sec. 122.001. VOTING SYSTEM STANDARDS. (a) A voting system may
not be used in an election unless the system:
(1) preserves the secrecy of the ballot;
(2) is suitable for the purpose for which it is intended;
(3) operates safely, efficiently, and accurately and complies
with the error rate standards of the voting system standards
adopted by the Federal Election Commission;
(4) is safe from fraudulent or unauthorized manipulation;
(5) permits voting on all offices and measures to be voted on at
the election;
(6) prevents counting votes on offices and measures on which the
voter is not entitled to vote;
(7) prevents counting votes by the same voter for more than one
candidate for the same office or, in elections in which a voter
is entitled to vote for more than one candidate for the same
office, prevents counting votes for more than the number of
candidates for which the voter is entitled to vote;
(8) prevents counting a vote on the same office or measure more
than once;
(9) permits write-in voting;
(10) is capable of permitting straight-party voting; and
(11) is capable of providing records from which the operation of
the voting system may be audited.
(b) A voting system may not be used in an election in which
straight-party voting is permitted unless the system permits or
prevents, as applicable, counting votes in accordance with
Sections 65.007(c) and (d).
(c) The secretary of state may prescribe additional standards
for voting systems consistent with this title. The standards may
apply to particular kinds of voting systems, to particular
elements comprising a voting system, including operation
procedures, or to voting systems generally.
(d) Effective January 1, 2006, a voting system may not be used
in an election if the system uses:
(1) mechanical voting machines; or
(2) a punch-card ballot or similar form of tabulating card.
(e) For an election for federal office in which a state or
federal court order has extended the time for voting beyond the
time allowed by Subchapter B, Chapter 41, a voting system must
provide a separate count of the votes cast after the time allowed
by that subchapter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 484, Sec. 2, eff. Sept. 1, 1987;
Acts 1993, 73rd Leg., ch. 728, Sec. 30, eff. Sept. 1, 1993; Acts
2003, 78th Leg., ch. 1315, Sec. 49, eff. Jan. 1, 2004.
Sec. 122.002. INSPECTION OF VOTING SYSTEMS AND EQUIPMENT BY
SECRETARY OF STATE. The secretary of state may inspect at any
time, including the day of an election, a voting system or the
voting system equipment used in an election to determine whether
the system or equipment complies with applicable standards or
deviates from the system or equipment approved by the secretary.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 484, Sec. 3, eff. Sept. 1, 1987.
Sec. 122.003. ACTION BY SECRETARY OF STATE. (a) If the
secretary of state determines after inspecting a voting system or
voting system equipment that the system or equipment does not
comply with applicable standards or deviates from an approved
system or equipment, the secretary by written order may:
(1) prohibit the use of the system or equipment or any part of
the system or equipment by an authority that adopted the system
or equipment for use in an election; or
(2) limit the use of the system or equipment or any part of the
system or equipment to circumstances or conditions stated in the
order.
(b) The secretary shall amend or rescind an order issued under
this section if the secretary determines that the system or
equipment has been modified to comply with applicable standards
or to not deviate from an approved system or equipment.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 484, Sec. 3, eff. Sept. 1, 1987.
Sec. 122.004. PREPARATION OF SOFTWARE BY SECRETARY OF STATE.
(a) The secretary of state may prepare any type of software for
use with an electronic voting system.
(b) The software is subject to the standards and examination
procedures applicable to voting systems.
Added by Acts 1987, 70th Leg., ch. 484, Sec. 3, eff. Sept. 1,
1987.
Sec. 122.005. VENUE FOR OFFENSES. Venue for prosecution of an
offense under this chapter is in the county in which the offense
was committed.
Added by Acts 1993, 73rd Leg., ch. 728, Sec. 31, eff. Sept. 1,
1993.
SUBCHAPTER B. APPROVAL OF VOTING SYSTEM AND EQUIPMENT
Sec. 122.031. APPROVAL OF SYSTEM AND EQUIPMENT REQUIRED. (a)
Before a voting system or voting system equipment may be used in
an election, the system and a unit of the equipment must be
approved by the secretary of state as provided by this
subchapter.
(b) The secretary of state may seek a temporary restraining
order or a writ of injunction obtained through the attorney
general to prevent the use of any part of a voting system or
voting system equipment that has not been approved.
(c) A person commits an offense if the person executes a
contract to sell, lease, or otherwise provide a voting system or
voting system equipment that the person knows has not been
approved. An offense under this subsection is a Class A
misdemeanor.
(d) This section does not prohibit a person from exhibiting a
voting system or unit of voting system equipment that has not
been approved.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987;
Acts 1993, 73rd Leg., ch. 728, Sec. 32, eff. Sept. 1, 1993.
Sec. 122.032. REQUIREMENTS FOR APPROVAL GENERALLY. (a) For a
voting system or voting system equipment to be approved for use
in elections, the voting system in which the equipment is
designed to be used must comply with the standards prescribed by
Subchapter A.
(b) The secretary of state may prescribe more specific
requirements and standards, consistent with this code, for
approval of particular kinds of voting system equipment or voting
system equipment generally.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.
Sec. 122.033. ADDITIONAL REQUIREMENTS FOR APPROVAL OF VOTING
MACHINE. In addition to other requirements for approval, a
voting machine must be equipped with:
(1) a security system capable of preventing operation of the
machine;
(2) registering counters that can be secured against access;
(3) a public counter; and
(4) a protective counter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch.
1107, Sec. 2.05, eff. January 1, 2006.
Sec. 122.0331. ADDITIONAL REQUIREMENTS FOR ELECTRONIC VOTING
SYSTEM. (a) Copies of the program codes and the user and
operator manuals and copies or units of all other software and
any other information, specifications, or documentation required
by the secretary of state relating to an approved electronic
voting system and its equipment must be filed with the secretary.
(b) Materials described by Subsection (a) that are not on file
with and approved by the secretary of state, including any
updated or modified materials, may not be used in an election.
(c) The secretary of state shall periodically compare the
materials on file with the materials actually used in elections
to ensure compliance with this section.
(d) The program codes and all other software on file with the
secretary of state under this section are not public information.
The materials shall be made available to the attorney general or
the general's designee in any investigation of election
irregularities. The materials may be made available in a judicial
proceeding on the request of the court or other tribunal but may
be viewed in camera only.
Added by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1,
1987.
Sec. 122.034. APPLICATION FOR APPROVAL AND FEE. (a) A person
desiring approval of a voting system or voting system equipment
must submit a written application for approval to the secretary
of state.
(b) An applicant must include with the application an
application fee.
(c) The secretary of state shall prescribe fees for the
submission of applications under this section in amounts
reasonably necessary to administer this subchapter and compensate
examiners appointed by the secretary.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987;
Acts 1993, 73rd Leg., ch. 728, Sec. 33, eff. Sept. 1, 1993.
Sec. 122.035. APPOINTMENT OF EXAMINERS. (a) On submission of
an application for approval of a voting system or voting system
equipment, the secretary of state shall appoint four persons as
examiners, one of whom must be a full-time employee of the
secretary. The attorney general shall appoint two persons as
examiners, one of whom must be a full-time employee of the
general.
(b) Two of the secretary of state's appointees must have
demonstrated ability and experience in mechanics or electronics
appropriate to the system or equipment to be examined, and two of
the secretary's appointees must have demonstrated knowledge of
and experience in election law and procedure.
(c) Only one person employed by the secretary of state may be
appointed.
(d) A person who has a pecuniary interest in the manufacturing
or marketing of any part of a voting system or voting system
equipment is ineligible for appointment.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987;
Acts 1993, 73rd Leg., ch. 728, Sec. 34, eff. Sept. 1, 1993.
Sec. 122.036. EXAMINATION AND REPORT BY EXAMINERS. (a) The
examiners shall examine the voting system or voting system
equipment for which an application has been submitted at the time
and in the manner directed by the secretary of state.
(b) After conducting the examination, each examiner shall
prepare a written report on the examination as directed by the
secretary and deliver the report to the secretary.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.
Sec. 122.037. COMPENSATION OF EXAMINERS. (a) Each examiner
appointed under this subchapter, other than an employee of the
secretary of state or attorney general, is entitled to
compensation for services rendered in connection with an
application.
(b) The secretary of state shall set the amount of compensation
for examiners appointed by the secretary and shall use the
application fees collected under Section 122.034 to pay the
compensation.
(c) The attorney general shall set the amount of compensation
for an examiner appointed by the general and shall pay the
compensation from funds available to the general.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987;
Acts 1993, 73rd Leg., ch. 728, Sec. 35, eff. Sept. 1, 1993.
Sec. 122.0371. PUBLIC HEARING REQUIRED. (a) After the delivery
of the examiners' reports and before the determination of whether
the voting system or voting system equipment for which an
application has been submitted satisfies the applicable
requirements for approval, the secretary of state shall conduct a
public hearing to provide interested persons an opportunity to
express their views for or against the approval of the voting
system or voting system equipment being considered.
(b) Notice of the hearing is given in the manner provided by
Chapter 551, Government Code.
(c) Persons attending the hearing may express their views for or
against the approval of the voting system or voting system
equipment either orally, in writing, or both.
(d) The hearing shall be conducted in accordance with rules
adopted by the secretary of state.
Added by Acts 2005, 79th Leg., Ch.
273, Sec. 1, eff. September 1, 2005.
Sec. 122.038. ACTION BY SECRETARY OF STATE. (a) After
reviewing the examiners' reports and considering the views
expressed at the public hearing, the secretary of state shall
determine whether the voting system or voting system equipment
for which an application has been submitted satisfies the
applicable requirements for approval.
(b) The secretary may examine the system or equipment to aid in
determining whether it satisfies the requirements for approval.
(c) If the system or equipment satisfies the applicable
requirements for approval, the secretary by written order shall
approve the system or equipment of that design for use in
elections. Otherwise, the secretary shall deny the application.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch.
273, Sec. 2, eff. September 1, 2005.
Sec. 122.039. REPORT BY SECRETARY OF STATE. (a) The secretary
of state shall prepare a written report on each application
submitted under this subchapter. The report must state whether
the system or equipment was approved and the reasons for approval
or denial.
(b) The secretary shall attach the examiners' reports to the
report prepared under this section and permanently retain the
reports on file.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.
SUBCHAPTER C. MODIFICATION IN DESIGN OF APPROVED SYSTEM OR
EQUIPMENT
Sec. 122.061. APPROVAL OF MODIFIED DESIGN REQUIRED. Before a
voting system or voting system equipment that is modified in
design after its approval may be used in an election, the
modified design must be approved by the secretary of state as
provided by this subchapter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.
Sec. 122.062. REQUIREMENTS FOR APPROVAL. The requirements for
approval of a modified design are the same as those prescribed by
Subchapter B for the initial approval of the voting system or
voting system equipment.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.
Sec. 122.063. APPLICATION FOR APPROVAL. A person desiring
approval of a modified design must submit a written application
for approval to the secretary of state.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.
Sec. 122.064. REVIEW OF APPLICATION. (a) The secretary of
state shall review an application for approval of a modified
design.
(b) The secretary may approve the modified design by written
order if the design satisfies the applicable requirements for
approval.
(c) If the secretary does not approve the modified design, the
secretary by written order shall:
(1) invite the applicant to submit additional information in
support of the application, submit the modified system or
equipment itself, or both; or
(2) require an examination of the modified system or equipment
by independent examiners.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.
Sec. 122.065. REVIEW AND EXAMINATION OF ADDITIONAL MATERIAL.
(a) The secretary of state shall review additional information
in support of an application and examine the modified system or
equipment submitted.
(b) The secretary may approve the modified design by written
order if the design satisfies the applicable requirements for
approval.
(c) If the secretary does not approve the modified design, the
secretary by written order shall require an examination of the
modified system or equipment by independent examiners.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.
Sec. 122.066. EXAMINATION FEE. (a) The secretary of state
shall prescribe an examination fee or fee schedule to compensate
examiners appointed by the secretary under this subchapter.
(b) The fee for an examination may not exceed the fee for an
application for initial approval of a voting system or voting
system equipment.
(c) If the secretary orders an independent examination of the
modified system or equipment, the secretary may not appoint
examiners until the secretary receives the examination fee.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987;
Acts 1993, 73rd Leg., ch. 728, Sec. 36, eff. Sept. 1, 1993.
Sec. 122.067. APPOINTMENT OF EXAMINERS. (a) If the secretary
of state requires an independent examination of the modified
system or equipment, the secretary shall appoint four persons as
examiners, one of whom must be a full-time employee of the
secretary. The attorney general shall appoint two persons as
examiners, one of whom must be a full-time employee of the
general.
(b) To be eligible for appointment as an examiner under this
section, a person must be eligible for appointment as an examiner
for an application for initial approval of a system or equipment.
Only one employee of the secretary of state may be appointed.
(c) Two of the secretary of state's appointees must have
demonstrated ability and experience in mechanics or electronics
appropriate to the system or equipment to be examined.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987;
Acts 1993, 73rd Leg., ch. 728, Sec. 37, eff. Sept. 1, 1993.
Sec. 122.068. EXAMINATION AND REPORT BY EXAMINERS. The
examiners shall examine the modified system or equipment and
prepare and deliver examination reports in the same manner as for
an application for initial approval of a system or equipment.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.
Sec. 122.069. COMPENSATION OF EXAMINERS. (a) Subject to
Subsections (b) and (c), an examiner appointed by the secretary
of state under this subchapter, other than the secretary's
employee, is entitled to compensation in an amount set by the
secretary.
(b) The compensation rate for each examiner appointed by the
secretary of state for the same examination must be uniform.
(c) The total compensation paid to the examiners appointed by
the secretary of state for the same examination may not exceed
the examination fee.
(d) The secretary of state shall use the examination fees
collected under Section 122.066 to pay the compensation to
examiners appointed by the secretary.
(e) An examiner appointed by the attorney general under this
subchapter, other than an employee of the general, is entitled to
compensation in an amount set by the general. The attorney
general shall pay the compensation from funds available to the
general.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987;
Acts 1993, 73rd Leg., ch. 728, Sec. 38, eff. Sept. 1, 1993.
Sec. 122.0691. PUBLIC HEARING REQUIRED. (a) This section
applies only if an examination of the modified design by
independent examiners was conducted.
(b) After the delivery of the examiners' reports and before the
determination of whether the modified design satisfies the
applicable requirements for approval, the secretary of state
shall conduct a public hearing in the same manner as for the
initial approval of a system or equipment.
Added by Acts 2005, 79th Leg., Ch.
273, Sec. 3, eff. September 1, 2005.
Sec. 122.070. ACTION BY SECRETARY OF STATE. (a) After
reviewing the examiners' reports and considering the views
expressed at the public hearing, the secretary of state shall
determine whether the modified design satisfies the applicable
requirements for approval.
(b) The secretary may examine the modified system or equipment
to aid in determining whether it satisfies the requirements for
approval.
(c) If the modified design satisfies the applicable requirements
for approval, the secretary by written order shall approve the
system or equipment of that design for use in elections.
Otherwise, the secretary shall deny the application.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch.
273, Sec. 4, eff. September 1, 2005.
Sec. 122.071. REPORT BY SECRETARY OF STATE. (a) The secretary
of state shall prepare a written report on each application
submitted under this subchapter. The report must state whether
the modified design was approved and must include a description
of and the reason for the action ordered.
(b) If an examination by independent examiners was conducted,
the secretary shall attach the examiners' reports to the report
prepared under this section.
(c) The secretary shall permanently retain reports prepared
under this subchapter on file with the secretary's report on the
application for initial approval of the system or equipment.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.
SUBCHAPTER D. REEXAMINATION OF VOTING SYSTEM OR EQUIPMENT
Sec. 122.091. REEXAMINATION OF APPROVED SYSTEM OR EQUIPMENT
AUTHORIZED. (a) The secretary of state may reexamine a voting
system or voting system equipment as provided by this subchapter
at any time after the system or equipment is approved under
Subchapter B or C.
(b) The secretary of state may suspend approval for use of a
voting system or voting system equipment if the system or
equipment is not submitted for reexamination under this
subchapter on the request of the secretary.
(c) The secretary of state may prescribe fees in amounts
reasonably necessary to administer this subchapter and compensate
examiners appointed by the secretary.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987;
Acts 1993, 73rd Leg., ch. 728, Sec. 39, eff. Sept. 1, 1993.
Sec. 122.0911. ASSISTANCE REQUIRED BY SECRETARY OF STATE. (a)
If the secretary of state determines that the assistance of a
particular person is necessary for the proper and efficient
reexamination of a voting system or voting system equipment under
this subchapter, the secretary may require that person to provide
the necessary assistance as provided by this section.
(b) The secretary of state shall deliver written notice to a
person whose assistance is required not later than 72 hours
before the date the reexamination is scheduled to occur. The
notice must state:
(1) that the person is required to provide assistance under
Section 122.0911, Election Code;
(2) the nature of the assistance that is required; and
(3) the date, hour, and place of the reexamination.
(c) A person who, after proper notice, fails to provide the
assistance required by the secretary of state is civilly liable
to the state for $100 for each day that the person fails to
comply. The secretary of state shall notify the attorney general
to initiate suit to recover the penalty.
Added by Acts 1993, 73rd Leg., ch. 728, Sec. 40, eff. Sept. 1,
1993.
Sec. 122.092. APPOINTMENT OF EXAMINERS. (a) The secretary of
state shall appoint four persons as examiners, one of whom must
be a full-time employee of the secretary, to assist in a
reexamination of an approved voting system or voting system
equipment. The attorney general shall appoint two persons as
examiners, one of whom must be a full-time employee of the
general.
(b) Two of the secretary of state's appointees must have
demonstrated knowledge of and experience in the operation of the
system or equipment.
(c) Only one person employed by the secretary of state may be
appointed.
(d) A person who has a pecuniary interest in the manufacturing
or marketing of any part of a voting system or voting system
equipment is ineligible for appointment.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987;
Acts 1993, 73rd Leg., ch. 728, Sec. 41, eff. Sept. 1, 1993.
Sec. 122.093. EXAMINATION AND REPORT BY EXAMINERS. (a) The
examiners shall examine the system or equipment to be reexamined
at the time and in the manner directed by the secretary of state.
(b) After conducting the examination, each examiner shall
prepare a written report on the examination as directed by the
secretary and deliver the report to the secretary.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.
Sec. 122.094. COMPENSATION OF EXAMINERS. (a) An examiner
appointed under this subchapter, other than an employee of the
secretary of state or attorney general, is entitled to
compensation for services rendered in connection with a
reexamination.
(b) The secretary of state shall set the amount of compensation
for examiners appointed by the secretary and shall use the fees
collected under Section 122.091 to pay the compensation.
(c) The attorney general shall set the amount of compensation
for an examiner appointed by the general and shall pay the
compensation from funds available to the general.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987;
Acts 1993, 73rd Leg., ch. 728, Sec. 42, eff. Sept. 1, 1993.
Sec. 122.0941. PUBLIC HEARING REQUIRED. After the delivery of
the examiners' reports and before the determination of whether
the reexamined voting system or voting system equipment satisfies
the applicable requirements for approval, the secretary of state
shall conduct a public hearing in the same manner as for the
initial approval of a system or equipment.
Added by Acts 2005, 79th Leg., Ch.
273, Sec. 5, eff. September 1, 2005.
Sec. 122.095. ACTION BY SECRETARY OF STATE. (a) After
reviewing the examiners' reports and considering the views
expressed at the public hearing, the secretary of state shall
determine whether the voting system or voting system equipment
subject to reexamination satisfies the applicable requirements
for approval of the system or equipment for use in elections.
(b) The secretary may examine the system or equipment to aid in
determining whether it satisfies the requirements for approval.
(c) If the reexamined system or equipment does not satisfy the
applicable requirements for approval, the secretary by written
order shall:
(1) suspend approval of the system or equipment;
(2) suspend approval for future use of the system or equipment;
or
(3) give conditional approval of the system or equipment.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch.
273, Sec. 6, eff. September 1, 2005.
Sec. 122.096. EFFECT OF SECRETARY OF STATE'S ACTION. (a) A
voting system or voting system equipment for which approval is
suspended may not be used in an election held after the date the
suspension order is issued.
(b) A voting system or voting system equipment for which
approval for future use is suspended may not be used in an
election held after the date the suspension order is issued
unless the system or equipment was adopted for use in the
election before the date the suspension order is issued. In that
case, the system or equipment may be used in that election only.
(c) A voting system or voting system equipment for which
conditional approval is given may not be used in an election held
after the date the conditional approval order is issued except in
accordance with conditions prescribed by the conditional approval
order.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.
Sec. 122.097. NOTICE OF SECRETARY OF STATE'S ACTION. Not later
than the fifth day after the date an order taking action under
Section 122.095(c) is issued, the secretary of state shall
deliver a copy of the order to the presiding officer of each
political subdivision that owns or leases a system or equipment
subject to the order.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.
Sec. 122.098. SUBSEQUENT APPROVAL. If a voting system or voting
system equipment subject to an order under Section 122.095(c) is
subsequently approved under Subchapter B, the approval nullifies
the order.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.
Sec. 122.099. REPORT BY SECRETARY OF STATE. (a) The secretary
of state shall prepare a written report on each reexamination.
The report must state whether the system or equipment satisfied
the approval requirements and must include a description of and
the reason for the action ordered.
(b) The secretary shall attach the examiners' reports to the
report prepared under this section and permanently retain the
reports on file with the secretary's report on the application
for initial approval of the system or equipment.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.