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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) A voting system may not be used in an election unless the system:
(1) preserves the secrecy of the ballot;
(2) is suitable for the purpose for which it is intended;
(3) operates safely, efficiently, and accurately and complies with the voting system standards adopted by the Election Assistance Commission;
(4) is safe from fraudulent or unauthorized manipulation;
(5) permits voting on all offices and measures to be voted on at the election;
(6) prevents counting votes on offices and measures on which the voter is not entitled to vote;
(7) prevents counting votes by the same voter for more than one candidate for the same office or, in elections in which a voter is entitled to vote for more than one candidate for the same office, prevents counting votes for more than the number of candidates for which the voter is entitled to vote;
(8) prevents counting a vote on the same office or measure more than once;
(9) permits write-in voting; and
(10) is capable of providing records from which the operation of the voting system may be audited.
(b) Repealed by Acts 2017, 85th Leg., Ch. 404 (H.B. 25), Sec. 8.
(c) The secretary of state may prescribe additional standards for voting systems consistent with this title. The standards may apply to particular kinds of voting systems, to particular elements comprising a voting system, including operation procedures, or to voting systems generally.
(d) Effective January 1, 2006, a voting system may not be used in an election if the system uses:
(1) mechanical voting machines; or
(2) a punch-card ballot or similar form of tabulating card.
(e) For an election for federal office in which a state or federal court order has extended the time for voting beyond the time allowed by Subchapter B, Chapter 41, a voting system must provide a separate count of the votes cast after the time allowed by that subchapter.
Cite this article: FindLaw.com - Texas Election Code - ELEC § 122.001. Voting System Standards - last updated January 01, 2024 | https://codes.findlaw.com/tx/election-code/elec-sect-122-001/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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