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Texas Election Code - ELEC § 129.023. Public Test of Logic and Accuracy

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) The general custodian of election records shall create a testing board consisting of at least two persons.  The general custodian of election records shall make every reasonable effort to ensure that the testing board consists of at least one person from each political party that holds a primary election.

(b) Not later than the 48th day before election day, 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 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, and the test must be open to the public.

(b-1) If the test is being conducted for a primary election, the general custodian of election records shall notify the county chair of the test at least 48 hours before the date of the test.  The county chair shall confirm receipt of the notice.

(b-2) If the test is being conducted for an election in which a county election board has been established under Section 51.002, the general custodian of election records shall notify each member of the board of the test at least 48 hours before the date of the test.  If the county election board chooses to witness the test, each member shall sign the statement required by Subsection (e)(1).

(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;

(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.

(d) A test is successful if the actual results are identical to the expected results.

(e) To provide a full and accurate account of the condition of a given voting machine, the testing board and the general custodian of election records shall:

(1) sign a written statement attesting to:

(A) the qualification of each direct recording electronic voting machine that was successfully tested;

(B) any problems discovered;  and

(C) the cause of any problem if it can be identified;  and

(2) provide any other documentation as necessary.

(f) On completing the testing:

(1) the testing board shall witness and document all steps taken to reset, seal, and secure any equipment or test materials, as appropriate;  and

(2) the general custodian for election records shall preserve a copy of the system's software at a secure location that is outside the administrator's and programming entity's control until at least 22 months after election day.

(f-1) The secretary of state shall prescribe procedures and training materials for the conduct of the test under this section.

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Cite this article: FindLaw.com - Texas Election Code - ELEC § 129.023. Public Test of Logic and Accuracy - last updated January 01, 2024 | https://codes.findlaw.com/tx/election-code/elec-sect-129-023/

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