| H.B. No. 3159 | ||
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| relating to the use of an accessible absentee mail system by certain | ||
| voters. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 81, Election Code, is amended by adding | ||
| Sections 81.006 and 81.007 to read as follows: | ||
| Sec. 81.006. ACCESSIBLE ABSENTEE BALLOT SYSTEM. (a) A | ||
| person eligible for early voting by mail under Section 82.002 may | ||
| receive and cast a ballot using an accessible absentee mail system | ||
| approved by the secretary of state under Section 81.007. | ||
| (b) An accessible absentee mail system must be an electronic | ||
| system, including software, used for the sole purpose of enabling a | ||
| voter who has a disability and needs assistive technology for | ||
| marking or reading the ballot, to mark the voter's ballot and print | ||
| and submit the ballot in the manner required by Chapter 86 for a | ||
| ballot marked by the voter. | ||
| (c) The secretary of state shall adopt rules and prescribe | ||
| procedures for the implementation of this section. | ||
| Sec. 81.007. ACCESSIBLE ABSENTEE BALLOT SYSTEM STANDARDS. | ||
| (a) An accessible absentee ballot system described by Section | ||
| 81.006 may not be used in an election unless the system is approved | ||
| by the secretary of state in accordance with this section. | ||
| (b) The secretary of state shall adopt standards for the | ||
| approval of an accessible absentee ballot system. At a minimum, the | ||
| standards adopted shall require an accessible absentee ballot | ||
| system to: | ||
| (1) preserve the secrecy of the ballot; | ||
| (2) authenticate the voter prior to delivery of a | ||
| ballot using: | ||
| (A) all information required under Sections | ||
| 84.002(a)(1) and (1-a); and | ||
| (B) any other information the secretary of state | ||
| determines to be necessary for the positive identification of the | ||
| person accessing the ballot as the voter; | ||
| (3) operate safely, efficiently, and accurately; | ||
| (4) be equipped with security measures necessary to | ||
| prevent fraudulent or unauthorized manipulation; | ||
| (5) secure the screen and audio output of the device on | ||
| which the ballot is displayed during voting so that, other than the | ||
| voter's own notes, political advertising or a campaign | ||
| communication, as those terms are defined by Section 251.001, is | ||
| not displayed or audibly available to the voter while the ballot is | ||
| being marked; | ||
| (6) securely print the voter's marked ballot with a | ||
| unique serial number and transmit the ballot to the early voting | ||
| clerk without information identifying the voter; | ||
| (7) use a method of verification that a ballot was | ||
| issued to an eligible voter; | ||
| (8) require the voter, prior to accessing the ballot, | ||
| to swear or affirm that the voter is the person to whom the ballot is | ||
| issued, and affirmatively indicate the statement, "I have a | ||
| sickness or physical condition that prevents me from appearing at | ||
| the polling place on election day without a likelihood of needing | ||
| personal assistance or injuring my health," as prescribed by | ||
| Section 82.002(a), is true and correct; | ||
| (9) require the voter, after printing the voted | ||
| ballot, to: | ||
| (A) place the voted ballot in the official ballot | ||
| envelope and seal the ballot envelope; | ||
| (B) place the ballot envelope in the official | ||
| carrier envelope and seal the carrier envelope; and | ||
| (C) sign the certificate on the sealed carrier | ||
| envelope; | ||
| (10) prevent any image or record of a voter's ballot | ||
| choices, other than the original ballot printed, from being saved, | ||
| printed, transmitted, or stored on the voter's device; | ||
| (11) be incapable of transmitting voted ballot images | ||
| or records via the Internet; and | ||
| (12) be capable of providing records, including | ||
| Internet protocol addresses of the devices displaying a voter's | ||
| ballot, from which the operation of the accessible absStatutes affected: Introduced: () House Committee Report: Election Code 86.002, Election Code 86.003, Election Code 86.009 (Election Code 86) Engrossed: Election Code 86.002, Election Code 86.003, Election Code 86.009 (Election Code 86) Senate Committee Report: Election Code 86.002, Election Code 86.003, Election Code 86.009 (Election Code 86) Enrolled: Election Code 86.002, Election Code 86.003, Election Code 86.009 (Election Code 86) | ||