Relating to testing of voting tabulation equipment, the official text

S.B. No. 2166

AN ACT

relating to testing of voting tabulation equipment.

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

SECTION 1. Sections 127.091, 127.092, and 127.093, Election

Code, are amended to read as follows:

Sec. 127.091. TEST OF TABULATING EQUIPMENT REQUIRED. The

automatic tabulating equipment used for counting ballots in an

election [at a central counting station] shall be tested as

provided by this subchapter.

Sec. 127.092. TESTING AUTHORITIES. (a) The general

custodian of election records and the testing board for the public

test of logic and accuracy conducted under Section 129.023 shall

prepare and conduct the first test of automatic tabulating

equipment used at a central counting station and the test of

automatic tabulating equipment used at a polling place.

(b) The programmer, tabulation supervisor, counting station

manager, and presiding judge of the central counting station shall

jointly prepare and conduct subsequent tests of the automatic

tabulating equipment used at the station [the test jointly].

Sec. 127.093. TIMES FOR CONDUCTING TEST. (a) The automatic

tabulating equipment used in a central counting station [test]

shall be tested [conducted three times] for each election as

provided by this subchapter.

(b) The first test of automatic tabulating equipment used in

a central counting station and the test of automatic tabulating

equipment used at a polling place shall be conducted in conjunction

with the public test of logic and accuracy conducted under Section

129.023 [at least 48 hours before the automatic tabulating

equipment is used to count ballots voted in the election].

(c) The automatic tabulating equipment used in a central

counting station [second test] shall be tested [conducted]

immediately before each time the counting of ballots with the

equipment begins.

(d) The automatic tabulating equipment used in a central

counting station [third test] shall be tested [conducted]

immediately after each time the counting of ballots with the

equipment is completed.

SECTION 2. Section 127.094(b), Election Code, is amended to

read as follows:

(b) A group of test ballots shall be counted with the

equipment using the program prepared for processing the ballots

voted in the election. The test ballots must be printed on the same

stock as the official ballots for the election. The test ballots

used for the first test of automatic tabulating equipment used in a

central counting station and the test of automatic tabulating

equipment used at a polling place must be the test ballots generated

during the public test of logic and accuracy conducted under

Section 129.023. The test materials for subsequent tests of the

equipment used in a central counting station must be the electronic

media produced during the testing of automatic tabulating equipment

conducted in conjunction with the public test of logic and

accuracy.

SECTION 3. Section 127.096(a), Election Code, is amended to

read as follows:

(a) The general custodian of election records [the

automatic tabulating equipment] shall conduct the first test of

automatic tabulating equipment used in a central counting station

and the test of automatic tabulating equipment used at a polling

place in conjunction with the test of logic and accuracy conducted

under Section 129.023 and shall provide [publish] notice of the

date, hour, and place of the test in the same manner as required for

the public test of logic and accuracy [conducted under Section

127.093(b) in a newspaper, as provided by general law for official

publications by political subdivisions, at least 48 hours before

the date of the test].

SECTION 4. Section 127.099, Election Code, is amended by

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

(a-2), and (d) to read as follows:

(a) On completing the first [each] test of automatic

tabulating equipment used in a central counting station and the

test of automatic tabulating equipment used at a polling place, the

general custodian of election records [presiding judge] shall place

the test ballots and other test materials in a container provided

for that purpose and seal the container so it cannot be opened

without breaking the seal. The testing board [manager, tabulation

supervisor, presiding judge,] and not more than two watchers, if

one or more watchers are present, shall sign the seal. The watchers

must be of opposing interests if such watchers are present.

(a-1) The general custodian of election records shall

provide the test materials to the presiding judge of the central

counting station before subsequent tests of the automatic

tabulating equipment used at the central counting station are

conducted under Sections 127.093(c) and (d).

(a-2) On completing subsequent tests of the automatic

tabulating equipment used at the central counting station under

Sections 127.093(c) and (d), the presiding judge shall place the

test ballots and other test materials in a container provided for

that purpose and seal the container so it cannot be opened without

breaking the seal. The manager, tabulation supervisor, presiding

judge, and not more than two watchers, if one or more watchers are

present, shall sign the seal. The watchers must be of opposing

interests if such watchers are present.

(c) The container may not be unsealed unless the contents

are necessary to conduct a test under this subchapter, a criminal

investigation, an election contest, a request for public inspection

under Subsection (d), or any 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.

(d) The test materials may not be made available for public

inspection until the first day after the final canvass of the

election is completed. The sealed container containing the test

materials may be unsealed to allow for public inspection of the

records and shall be resealed after the inspection of those records

is completed.

SECTION 5. Section 127.100(a), Election Code, is amended to

read as follows:

(a) The general custodian of election records is the

custodian of the test materials following the completion of the

first test of automatic tabulating equipment used in a central

counting station and the test of automatic tabulating equipment

used at a polling place. After the test materials are delivered to

the presiding judge in accordance with Section 127.099(a-1), the

presiding judge is the custodian of the test materials until they

are delivered under Subsection (b).

SECTION 6. Section 129.021, Election Code, is amended to

read as follows:

Sec. 129.021. ACCEPTANCE TESTING. (a) In this section,

"hash validation" means a mathematical function that, when applied

to a file, creates a unique string of letters and numbers that may

be used to confirm that a voting system and its source code have not

been altered.

(b) 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 a hash validation on each ballot marking

device, each unit of automatic tabulating equipment, and each

tabulation computer to verify that the source code of the equipment

has not been altered; and

(5) perform any additional test that the secretary of

state may prescribe.

SECTION 7. Section 129.023, Election Code, is amended by

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

(b-3), (c-2), and (f-1) to read as follows:

(b) Not later than the 48th day before election day [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 on the political

subdivision's [county's] Internet website, if the political

subdivision [county] maintains an Internet website, or on the

bulletin board used for posting notice of meetings of the political

subdivision's governing body [commissioners court] if the

political subdivision [county] does not maintain an Internet

website, at least 48 hours before the test begins, and the test must

be open to the public.

(b-3) If the test cannot be conducted before the 48th day

before election day, then the general custodian shall conduct the

test as soon as practicable after that date and must notify the

secretary of state within 24 hours of the determination that the

deadline cannot be met.

(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, as well as each

precinct and ballot style, on the ballot can be voted and is

accurately counted;

(3) include overvotes and undervotes for each race, if

applicable to the system being tested;

(4) include write-in votes, when applicable to the

election;

(5) include provisional votes, if applicable to the

system being tested;

(6) calculate the expected results from the test

ballots;

(7) ensure that each voting machine has any public

counter reset to zero and presented to the testing board for

verification before testing;

(8) 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]

(9) 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;

(10) ensure that each type of automatic tabulating

equipment, ballot marking device, and direct recording electronic

voting device used in the election is tested;

(11) include each type of ballot used in the election,

including mail ballot stock and ballots marked from ballot marking

devices, if any;

(12) require that tested ballots are marked and

labeled to ensure they are not used in an upcoming election; and

(13) require that, if the testing board determines

that the test is unsuccessful, the general custodian of election

records:

(A) identify the cause of the unsuccessful test

and prepare a written explanation;

(B) publish the written explanation online;

(C) retain the materials used in the unsuccessful

test; and

(D) conduct a retest that is open to the public

following the unsuccessful test.

(c-1) A test conducted under this section must also require

the general custodian of election records to demonstrate, using a

representative sample of each type of voting system equipment used

in the election, that the source code of the equipment has not been

altered.

(c-2) For purposes of this section, "representative sample"

means ten of each type of voting device or five percent of each type

of voting device to be used in the election, whichever number is

fewer.

(f-1) The secretary of state shall prescribe procedures and

training materials for the conduct of the test under this section.

SECTION 8. Subchapter B, Chapter 129, Election Code, is

amended by adding Section 129.0231 to read as follows:

Sec. 129.0231. TEST OF LOGIC AND ACCURACY FOR ELECTRONIC

POLLBOOK SYSTEM. (a) Not later than 48 hours before voting begins

in an election, the general custodian of election records shall

conduct a test of logic and accuracy of the electronic pollbook

system used in the election.

(b) Notice of the test must be published on the political

subdivision's Internet website, if the political subdivision

maintains an Internet website, or on the bulletin board used for

posting notice of meetings of the political subdivision's governing

body if the political subdivision does not maintain an Internet

website, at least 48 hours before the test begins.

(c) The general custodian of election records shall adopt

procedures for testing that verify that:

(1) the database of voters is correctly loaded onto

the system and devices;

(2) peripheral devices used with the system are

functioning correctly;

(3) ballot styles have been correctly assigned to

voters; and

(4) any ballots issued by the system and any

peripheral devices used with the system are correctly read by any

voting system used in the election.

(d) The secretary of state shall prescribe procedures and

training materials for the conduct of the test under this section.

SECTION 9. Section 129.024, Election Code, is amended by

amending Subsection (c) and adding Subsection (d) to read as

follows:

(c) The container may not be unsealed unless the contents

are necessary to conduct a test under this subchapter or a criminal

investigation, an election contest, a request for public inspection

under Subsection (d), or any 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.

(d) The test materials are not available for public

inspection until the first day after the final canvass of the

election is completed. The sealed container containing the test

materials may be unsealed to allow for public inspection of the

records and shall be resealed after the inspection of those records

is completed.

SECTION 10. Section 127.096(a-1), Election Code, is

repealed.

SECTION 11. This Act takes effect September 1, 2025.

______________________________
______________________________

President of the Senate
Speaker of the House

I hereby certify that S.B. No. 2166 passed the Senate on

April 16, 2025, by the following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 2166 passed the House on

May 24, 2025, by the following vote: Yeas 131, Nays 0, two

present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor