Relating to certain election practices and procedures.

89(R) SB 2217 - Enrolled version - Bill Text

S.B. No. 2217

AN ACT

relating to certain election practices and procedures.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 15.025, Election Code, is amended by

amending Subsection (a) and adding Subsection (e) to read as

follows:

(a) Except as provided by Subsections (b)
,
[
and
] (d),
and

(e),
the registration of a voter described by this subsection whose

information is changed on the registration records becomes

effective as to the change on the 30th day after:

(1) the date the voter submits to the registrar a

notice of a change in registration information under Section 15.021

or a response under Section 15.053, indicating the change; or

(2) the date the voter submits a statement of

residence to an election officer under Section 63.0011 or a

registration application or change of address to an agency employee

under Chapter 20, indicating the change.

(e)

A voter's registration takes effect immediately upon

the registrar's receipt of a notice of the voter's change of address

submitted under Section 15.021, Section 63.0011, Section 15.053, or

Chapter 20 if the voter changes residence within the same county as

the voter's current registration address.

SECTION 2. Section 31.014, Election Code, is amended by

amending Subsection (a) and adding Subsection (a-1) to read as

follows:

(a) The secretary of state shall prescribe specific

requirements and standards, consistent with this code, for the

certification of an electronic device used to accept voters under

Chapter 63 that require the device to:

(1) produce an electronic copy of the list of voters

who were accepted to vote for delivery to the election judge after

the polls close;

(2) display the voter's original signature in

accordance with Section 63.002;

(3) accept a voter for voting even when the device is

off-line;

(4) provide the full list of voters registered in the

county with an indication of the jurisdictional or distinguishing

number for each territorial unit in which each voter resides;

(5) time-stamp when each voter is accepted at a

polling place, including the voter's unique identifier;

(6) if the county participates in the countywide

polling place program under Section 43.007 or has more than one

early voting polling place, transmit a time stamp when each voter is

accepted, including the voter's unique identifier, to all polling

place locations;

(7) time-stamp the receipt of a transmission under

Subdivision (6); [
and
]

(8) produce in an electronic format compatible with

the statewide voter registration list under Section 18.061 data for

retention and transfer that includes:

(A) the polling location in which the device was

used;

(B) the dated time stamp under Subdivision (5);

and

(C) the dated time stamp under Subdivision (7)
;

(9)

produce a report with all information required to

be included on a combination form under Chapter 63 and Section

64.032; and

(10)

produce a copy of the list of all voters who were

accepted to vote, including a reference to the voter's county

election precinct and polling location where the voter was accepted

to vote
.

(a-1)

Nothing in this section may be construed to prevent an

election official from redacting information included on a document

described by Subsection (a) as necessary to preserve a voter's

right to a secret ballot protected under Section 4, Article VI,

Texas Constitution.

SECTION 3. Sections 63.0011(b) and (c), Election Code, are

amended to read as follows:

(b) If the voter's residence address is not current because

the voter has changed residence within the county, the voter may

vote, if otherwise eligible, in the election precinct in which the

voter
resides
[
is registered
] if the voter resides in the county in

which the voter is registered [
and, if applicable:

[
(1)

resides in the political subdivision served by

the authority ordering the election if the political subdivision is

other than the county; or

[
(2)

resides in the territory covered by the election

in a less-than-countywide election ordered by the governor or a

county authority
].

(c) Before being accepted for voting, the voter must execute

and submit to an election officer a statement including:

(1) a statement that the voter satisfies the

applicable residence
requirement
[
requirements
] prescribed by

Subsection (b);

(2) all of the information that a person must include

in an application to register to vote under Section 13.002; [
and
]

(3) the date the statement is submitted to the

election officer
; and

(4)

a request to the registrar to change the voter's

registration address to the address at which the voter resides
.

SECTION 4. Section 65.057, Election Code, is amended by

adding Subsection (c) to read as follows:

(c)

When reporting the results of a count under this

section, provisional ballots cast during the early voting period

shall be included with the results for early voting by personal

appearance, and provisional ballots cast on election day shall be

included with the results for election day.

SECTION 5. Subchapter A, Chapter 66, Election Code, is

amended by adding Sections 66.005 and 66.006 to read as follows:

Sec.

66.005.

POST ELECTION RECONCILIATION. (a) Not later

than the 30th day after election day, the general custodian of

election records shall prepare a reconciliation of the total number

of votes cast and the total number of voters accepted to vote by

personal appearance at each polling place in the custodian's county

during the early voting period and on election day respectively.

(b)

The general custodian of election records shall post the

results of a reconciliation conducted under Subsection (a) on the

county's Internet website in the same location that the county

provides information on election results.

Sec.

66.006.

PRODUCTION AND PRESERVATION OF CERTAIN REPORTS

FROM ELECTRONIC DEVICES TO ACCEPT VOTERS. (a) The general

custodian of election records for an authority holding an election

that uses an electronic device certified under Section 31.014 to

accept voters shall prepare a report including information

described by Sections 31.014(a)(9) and (10) not later than the 30th

day after election day.

(b)

A report produced under Subsection (a) is an election

record under Section 1.012 and shall be retained by the general

custodian of election records for the period for preserving the

precinct election records.

SECTION 6. Section 121.003, Election Code, is amended by

adding Subdivision (14) to read as follows:

(14)

"Central accumulator" means a part of a voting

system that tabulates or consolidates the vote totals for multiple

precincts.

SECTION 7. Subchapter C, Chapter 125, Election Code, is

amended by adding Section 125.0635 to read as follows:

Sec.

125.0635.

POLLING PLACE REPORT FOR VOTING FOR CERTAIN

ELECTRONIC VOTING SYSTEMS. (a) This section only applies to a

polling place that requires a voter's ballot to be scanned at the

polling place with an optical scanner.

(b)

Immediately after closing the polling place at the end

of the period for early voting by personal appearance and on

election day, the presiding election judge shall generate a report

from each optical scanner used at the polling place regarding the

total number of ballots scanned by that scanner during the period

for early voting by personal appearance or election day, as

applicable.

(c)

A report produced under Subsection (b) at an early

voting polling place may not include information on the number of

votes received by a candidate or for or against any proposition.

SECTION 8. Subchapter E, Chapter 127, Election Code, is

amended by adding Sections 127.1302 and 127.133 to read as follows:

Sec.

127.1302.

REQUIRED REPORT FOR OPTICAL SCANNERS. (a)

In an election using centrally counted optical scan ballots, the

presiding judge of the central counting station shall prepare a

report regarding the total number of ballots scanned by each

optical scanner from each data storage device.

(b)

The presiding judge of the central counting station

shall prepare one report for the total number of ballots from each

specific data storage device.

(c)

The presiding judge of the central counting station must

prepare the report for a data storage device under Subsection (a)

before the information from the storage device is read into a

central accumulator.

(d)

A report prepared under Subsection (a) before the

opening of polling locations on election day may not contain

information on the number of votes cast for any candidate or for or

against any proposition.

Sec.

127.133.

REQUIRED REPORT FROM CENTRAL ACCUMULATOR.

(a) This section only applies to an election held on or after

September 1, 2026.

(b)

An election system that uses a central accumulator must

be capable of producing a report with the total number of votes

received by each candidate and for or against each proposition for

each polling place.

SECTION 9. This Act applies only to an election ordered on

or after the effective date of this Act.

SECTION 10. This Act takes effect September 1, 2025.

______________________________

______________________________

President of the Senate

Speaker of the House

I hereby certify that S.B. No. 2217 passed the Senate on

May 1, 2025, by the following vote: Yeas 27, Nays 4;

May 29, 2025, Senate refused to concur in House amendments and

requested appointment of Conference Committee; May 30, 2025, House

granted request of the Senate; June 1, 2025, Senate adopted

Conference Committee Report by the following vote: Yeas 26,

Nays 5.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 2217 passed the House, with

amendments, on May 28, 2025, by the following vote: Yeas 139,

Nays 1, two present not voting; May 30, 2025, House granted request

of the Senate for appointment of Conference Committee;

June 1, 2025, House adopted Conference Committee Report by the

following vote: Yeas 130, Nays 7, two present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor