The general custodian of election records must take part in a risk-limiting audit, and counties in covered elections must participate too.
Sec. 127.302. RISK-LIMITING AUDIT. (a) The general custodian of election records shall participate in a risk-limiting audit for one or more selected statewide races or measures. 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 or propositions to be counted. (c) The general custodian of election records shall complete the audit on the date prescribed by the secretary of state. (d) The general custodian of election records shall post a notice of the date, hour, and place of the audit in the custodian's office and on the county's Internet website, if the county maintains a website. (e) A watcher may be present for the audit if appointed by a candidate in the election. A watcher must deliver a certificate of appointment to the general custodian of election records at the time the watcher reports for service. The certificate must be in writing and must include: (1) the printed name and signature of the watcher; (2) the election subject to the audit; and (3) the printed name and signature of the candidate making the appointment. (f) The secretary of state may appoint personnel to assist with the audit, including applicable voting system technicians or representatives and persons who have assisted with the design and implementation of the audit. Added by Acts 2021, 87th Leg., R.S., Ch. 573 (S.B. 598), Sec. 1, eff. September 1, 2021. Amended by: Acts 2025, 89th Leg., R.S., Ch. 992 (S.B. 827), Sec. 2, eff. September 1, 2025.