CHAPTER 129. DIRECT RECORDING ELECTRONIC VOTING MACHINES

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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.

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.

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

(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.

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.

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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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