Relating to election integrity and security of ballot boxes, including by preventing fraud in the conduct of elections in this state; authorizing a penalty.

89(R) SB 2309 - Engrossed version - Bill Text

By: Hughes, Kolkhorst

S.B. No. 2309

A BILL TO BE ENTITLED

AN ACT

relating to election integrity and security of ballot boxes,

including by preventing fraud in the conduct of elections in this

state; authorizing a penalty.

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

ARTICLE 1. GENERAL PROVISIONS

SECTION 1.01. SHORT TITLE. This Act may be cited as the

Ballot Box Election Security, Transparency, and Accountability

Act.

SECTION 1.02. Chapter 33, Texas Election Code, is amended

to read as follows:

Sec. 33.0605. OBSERVING DATA STORAGE SEALING AND TRANSFER.

(a) A watcher appointed to serve at a polling place in an election

who is available at the time of the action may observe all election

activities relating to
the opening and
closing
of
the polling

place, including
starting up and closing voting system equipment
,

printing of all types of voting system tapes
,
inspecting of ballot

boxes
,
the sealing and transfer of a memory card, flash drive, hard

drive, data storage device, or other medium now existing or later

developed used by the voting system equipment.

(b) Notwithstanding any other provision of this code, a

watcher duly accepted for service at a polling location is entitled

to follow the transfer
and delivery
of election materials
,

including ballot boxes
,
from the polling place at which the watcher

was accepted to a regional tabulating center, the central counting

station,
the main early voting site, the early voting clerk's

office
,
a secured storage location
,
or any other location

designated to
receive, store, and
process election materials. The

authority responsible for administering a regional tabulating

center or another location where election materials are
delivered
,

processed
,
and stored
must accept duly appointed watchers for

service in the same manner a watcher is accepted for service under

Section 33.051 and must accept the same number of watchers that may

serve under Section 33.007(a).

SECTION 1.03. Chapter 127, Section 127.1232, Election Code,

is amended to read as follows:

Sec. 127.1232. SECURITY OF VOTED BALLOTS. (b) The general

custodian of election records in a county with a population of

100,000 or more shall implement a video surveillance system that

retains a record of all areas containing voted ballots
,
including

but not limited to all doorways, halls, and offices
:

(1) from the time the voted ballots
during early

voting and on election day
are delivered to
the early voting ballot

board, the early voting clerk, regional tabulating center, and
the

central counting station
,
or any other location designated for

delivery
, until the
final
canvass of precinct election returns; and

(2) from the time the
absentee
voted ballots are

delivered to the
elections office
,
signature verification

committee or early voting ballot board until the
final
canvass of

precinct election returns.

(c) A video from a system implemented under Subsection (b)

shall be made available to the public by a livestream
and must

include a large analog clock visible in each area under

surveillance
.

(e)

A person that violates this section commits an offense.

An offense under this section is a Class A misdemeanor for the first

offense. Multiple offenses thereafter are felonies of the third

degree.

SECTION 1.04. Chapter 127, Section 127.201, Texas Election

Code, shall be amended as follows:

Sec. 127.201. PARTIAL COUNT OF ELECTRONIC VOTING SYSTEM

BALLOTS BY GENERAL CUSTODIAN. (d) Each candidate in the election is

entitled to be present
for the retrieving of ballot boxes
,
opening

of ballot box seals, ballot sorting,
count
ing of ballots
,
and

resealing of ballot boxes for the partial count. Each candidate
,

and
treasurer of a specific-purpose political action committee that

was involved in the election
[
at the count and
] is entitled to have

a
watcher and
representative present
to monitor all activities

associated with the partial count
. A representative must deliver a

certificate of appointment to the general custodian at the time the

representative reports for service. The certificate must be in

writing and must include:

(1) the printed name and signature of the

representative;

(2) the election subject to the count; and

(3) the printed name and signature of the candidate

making the appointment.

SECTION 1.05. This Act takes effect September 1, 2025.