Relating to the audit of an election using an electronic voting system.

89(R) SB 827 - Enrolled version - Bill Text

S.B. No. 827

AN ACT

relating to the audit of an election using an electronic voting

system.

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

SECTION 1. Section 127.201, Election Code, is amended to

read as follows:

Sec. 127.201.
HAND
[
PARTIAL
] COUNT
ELECTION AUDIT
[
OF

ELECTRONIC VOTING SYSTEM BALLOTS BY GENERAL CUSTODIAN
]. (a) To

ensure the accuracy of the tabulation of electronic voting system

results, the general custodian of election records shall conduct a

manual count of all the races in at least one percent of the

election
day polling locations and one percent of the early voting

locations
[
precincts
] or in three
election day polling locations

and three early voting locations
[
precincts
], whichever is greater,

in which the electronic voting system was used.
The general

custodian shall conduct a manual count of all the races contained on

the ballots by mail in at least one percent of the precincts in

which a ballot by mail was cast and in which the ballots were

counted using automatic tabulating equipment, or in three precincts

in which a ballot by mail was cast and in which the ballots were

counted using automatic tabulating equipment, whichever is

greater.
The custodian shall select the
polling locations and

precincts at random and shall begin the count not later than 72

hours after the polls close. The count shall be completed not later

than the 21st day after election day.
Subsections
[
Subsection
]

(b)
, (b-1), (b-2), and (b-3) supersede
[
supersedes
] this subsection

to the extent of a conflict.

(b) In a general election for state and county officers,

primary election, or election on a proposed amendment to the state

constitution or other statewide measure submitted by the

legislature, the secretary of state shall select, in accordance

with rules adopted by the secretary, the
polling locations and

precincts to be counted under Subsection (a). The secretary shall

designate not more than three offices and not more than three

propositions to be counted in the selected
polling locations and

precincts. The secretary shall notify the general custodian of

election records of the
polling locations,
precincts, offices, and

propositions selected under this subsection not earlier than the

day after election day.

(b-1)

The general custodian of election records shall

designate the members of the early voting ballot board for the

election to perform the manual count under this section at the

direction of the custodian. If one or more members of the early

voting ballot board are unable to serve, then additional members

may be appointed using the appointment procedures under Section

87.002.

(b-2)

In an election in which a statewide risk-limiting

audit is performed under Subchapter I, the manual count under this

section shall begin the count not later than the first business day

after the secretary of state has certified the completion of the

risk-limiting audit, and the count must be completed not later than

the 30th day after election day or by the deadline designated by the

secretary of state for completion of the count, whichever is later.

(b-3)

The general custodian of election records, in

accordance with procedures prescribed by the secretary of state,

may select additional precincts and polling places to be counted

under this section.

(c) On selection or notification, as applicable, of the

polling locations and
precincts to be counted, the general

custodian of election records shall post in the custodian's office

a notice of the date, hour, and place of the count.

(d) Each
person entitled to appoint watchers
[
candidate
] in

the election is entitled to be present at the count and is entitled

to have a
watcher
[
representative
] present. A
watcher appointed to

the count
[
representative
] must
satisfy the same eligibility

requirements as a watcher under Chapter 33 and must be appointed in

the same manner as a watcher under Chapter 33. The watcher must

deliver
their certificates
[
a certificate of appointment
] to the

presiding judge of the early voting ballot board
[
general

custodian
] at the time the
watcher
[
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.
]

(e) Not later than the third day after the date the count is

completed, the general custodian of election records shall
:

(1)
deliver a written report of the results of the

count to the secretary of state
; and

(2)

post the results of the count on the county's

Internet website in the same location that the county provides

information on election returns and election results
.

(g) This section does not apply to the tabulation of

electronic voting system results for a voting system that uses

direct recording electronic voting machines.

SECTION 2. Section 127.302, Election Code, is amended by

amending Subsections (a), (b), and (c) and adding Subsection (a-1)

to read as follows:

(a)
The
[
Not later than 24 hours after all ballots have been

counted in an election, the
] general custodian of election records

shall
participate in
[
conduct
] a risk-limiting audit for
one or

more
[
a
] selected statewide
races
[
race
] or
measures
[
measure
].

The custodian shall begin the audit on a date prescribed by the

secretary of state.

(a-1)

All counties holding an election subject to this

subchapter must participate in the risk-limiting audit on the

selected statewide races or measures as provided by this section,

regardless of the method of counting voted ballots used by the

county.

(b) The secretary of state shall select, in accordance with

rules adopted by the secretary, the precincts to be counted and the

offices
[
office
] or
propositions
[
proposition
] to be counted.

(c) The general custodian of election records shall

complete the audit
on the date prescribed by the secretary of state

[
not later than 24 hours before the time for conducting the canvass

of the election
].

SECTION 3. This Act takes effect September 1, 2025.

______________________________

______________________________

President of the Senate

Speaker of the House

I hereby certify that S.B. No. 827 passed the Senate on

April 10, 2025, by the following vote: Yeas 26, Nays 4.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 827 passed the House on

May 24, 2025, by the following vote: Yeas 137, Nays 0, two

present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor