CHAPTER 129. DIRECT RECORDING ELECTRONIC VOTING MACHINES
ELECTION CODE
TITLE 8. VOTING SYSTEMS
CHAPTER 129. DIRECT RECORDING ELECTRONIC VOTING MACHINES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 129.001. APPLICABILITY. (a) This chapter applies only to
a voting system that uses direct recording electronic voting
machines.
(b) To the extent possible, the procedures applicable to an
electronic voting system under Chapter 127 are applicable to a
voting system under this chapter.
Added by Acts 2001, 77th Leg., ch. 1054, Sec. 10, eff. Sept. 1,
2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
682, Sec. 2, eff. September 1, 2009.
Sec. 129.002. GENERAL PROCEDURES. (a) Each direct recording
electronic voting machine must provide the voter with a screen in
summary format of the voter's choices for the voter to review
before the vote is actually cast.
(b) During the early voting period, the early voting clerk shall
conduct a daily audit of the direct recording electronic voting
machines used in the election to ensure proper correspondence
among the numbers of ballots provided on the machines, names on
the poll list, and ballots cast on the machines.
(c) The secretary of state shall prescribe any procedures
necessary to implement this chapter and to ensure the orderly and
proper administration of elections using direct recording
electronic voting machines.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
682, Sec. 2, eff. September 1, 2009.
SUBCHAPTER B. PRE-ELECTION ACCEPTANCE AND
TESTING OF VOTING SYSTEM
Sec. 129.021. ACCEPTANCE TESTING. 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 any additional test that the secretary of state may
prescribe.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
682, Sec. 2, eff. September 1, 2009.
Sec. 129.022. HARDWARE DIAGNOSTIC TEST. (a) The general
custodian of election records shall conduct a successful hardware
diagnostic test before a voting system is used in an election.
(b) The hardware diagnostic test must ensure that each part of
the system functions properly as prescribed by the secretary of
state.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
682, Sec. 2, eff. September 1, 2009.
Sec. 129.023. PUBLIC TEST OF LOGIC AND ACCURACY. (a) The
general custodian of election records shall create a testing
board consisting of at least two persons. The general custodian
of election records shall make every reasonable effort to ensure
that the testing board consists of at least one person from each
political party that holds a primary election.
(b) Not later than 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 at least 48 hours before the test begins, and the test
must be open to the public.
(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 on the ballot can be voted
and is accurately counted for each precinct and ballot style;
(3) include overvotes and undervotes for each race, if
applicable to the system being tested;
(4) include straight-party votes and crossover votes;
(5) include write-in votes, when applicable to the election;
(6) include provisional votes, if applicable to the system being
tested;
(7) calculate the expected results from the test ballots;
(8) ensure that each voting machine has any public counter reset
to zero and presented to the testing board for verification
before testing;
(9) 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
(10) 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.
(d) A test is successful if the actual results are identical to
the expected results.
(e) To provide a full and accurate account of the condition of a
given voting machine, the testing board and the general custodian
of election records shall:
(1) sign a written statement attesting to:
(A) the qualification of each direct recording electronic voting
machine that was successfully tested;
(B) any problems discovered; and
(C) the cause of any problem if it can be identified; and
(2) provide any other documentation as necessary.
(f) On completing the testing:
(1) the testing board shall witness and document all steps taken
to reset, seal, and secure any equipment or test materials, as
appropriate; and
(2) the general custodian for election records shall preserve a
copy of the system's software at a secure location that is
outside the administrator's and programming entity's control
until at least 22 months after election day.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
682, Sec. 2, eff. September 1, 2009.
Sec. 129.024. SECURITY OF TEST MATERIALS. (a) On completing
each test, the general custodian of election records shall place
the test materials in a container provided for that purpose and
seal the container in a manner that prevents opening without
breaking the seal. The general custodian of election records and
at least two members of the testing board shall sign the seal.
(b) The test materials shall remain sealed for the period for
preserving the precinct election records.
(c) The container may not be unsealed unless the contents are
necessary to conduct a test under this subchapter or a criminal
investigation, election contest, or 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.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
682, Sec. 2, eff. September 1, 2009.
SUBCHAPTER C. VOTING SYSTEM SECURITY
Sec. 129.051. PRE-ELECTION SECURITY PROCEDURE. (a) The general
custodian of election records shall create and maintain an
inventory of all electronic information storage media.
(b) The general custodian of election records shall develop a
procedure for tracking the custody of each electronic information
storage medium from its storage location, through election coding
and the election process, to its final post-election disposition
and return to storage. The chain of custody must require two or
more individuals to perform a check and verification check
whenever a transfer of custody occurs.
(c) The general custodian of election records shall establish a
secured location for storing electronic information storage media
when not in use, coding a medium for an election, transferring
and installing the medium into voting system equipment, and
storing voting system equipment after election parameters are
loaded.
(d) An election information storage medium shall be kept in the
presence of an election official or in a secured location once
the medium has been coded for an election.
(e) The general custodian of election records shall create a
procedure for tracking the custody of voting system equipment
once election parameters are loaded.
(f) The general custodian of election records shall create a
recovery plan to be followed if a breach in security procedures
is indicated. This plan must include immediately notifying the
secretary of state.
(g) The general custodian of election records shall conduct a
criminal background check for relevant election officials, staff,
and temporary workers upon hiring.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
682, Sec. 2, eff. September 1, 2009.
Sec. 129.052. TRANSPORT OF VOTING SYSTEM EQUIPMENT. (a) The
general custodian of election records shall adopt procedures for
securely storing and transporting voting system equipment. The
procedures shall include provisions for locations outside the
direct control of the general custodian of election records,
including overnight storage at a polling location. Procedures
relating to the chain of custody must require two or more
individuals to perform a check and verification check whenever a
transfer of custody occurs.
(b) The general custodian of election records shall create a
recovery plan to be followed if a breach in security procedures
is indicated. This plan must include immediately notifying the
secretary of state.
(c) The general custodian of election records shall provide a
training plan for relevant election officials, staff, and
temporary workers that addresses the procedures authorized under
this section.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
682, Sec. 2, eff. September 1, 2009.
Sec. 129.053. ACCESS TO VOTING SYSTEM EQUIPMENT. The general
custodian of election records shall secure access control keys or
passwords to voting system equipment. Use of access control keys
or passwords must be witnessed by one or more individuals
authorized to use that information. The use of an access control
key or password must be documented and witnessed in a log
dedicated for that purpose that is retained until the political
subdivision disposes of the equipment.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
682, Sec. 2, eff. September 1, 2009.
Sec. 129.054. NETWORK CONNECTIONS AND WIRELESS TECHNOLOGY. (a)
A voting system may not be connected to any external
communications network, including the Internet.
(b) A voting system may not have the capability of permitting
wireless communication unless the system uses line-of-sight
infrared technology that shields the transmitter and receiver
from external infrared transmissions and the system can only
accept transmissions generated by the system.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
682, Sec. 2, eff. September 1, 2009.
Sec. 129.055. EQUIPMENT AND SOFTWARE. The sole purpose of
voting system equipment is the conduct of an election, and only
software certified by the secretary of state and necessary for an
election may be loaded on the equipment.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
682, Sec. 2, eff. September 1, 2009.
Sec. 129.056. PLAN FOR MACHINE FAILURE. The general custodian
of election records shall create a contingency plan for
addressing direct recording electronic voting machine failure.
This plan must include the timely notification of the secretary
of state.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
682, Sec. 2, eff. September 1, 2009.
Sec. 129.057. USE OF MACHINE IN EARLY VOTING. A direct
recording electronic voting machine deployed for early voting may
not be deployed on election day.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
682, Sec. 2, eff. September 1, 2009.