The secretary of state must set certification standards for certain voter-acceptance devices, require annual certification, and adopt real-time update rules; noncompliant counties can be charged a fee.
Sec. 31.014. CERTIFICATION OF ELECTRONIC DEVICES TO ACCEPT VOTERS. (a) The secretary of state shall prescribe specific requirements and standards, consistent with this code, for the certification of an electronic device used to accept voters under Chapter 63 that require the device to: (1) produce an electronic copy of the list of voters who were accepted to vote for delivery to the election judge after the polls close; (2) display the voter's original signature in accordance with Section 63.002; (3) accept a voter for voting even when the device is off-line; (4) provide the full list of voters registered in the county with an indication of the jurisdictional or distinguishing number for each territorial unit in which each voter resides; (5) time-stamp when each voter is accepted at a polling place, including the voter's unique identifier; (6) if the county participates in the countywide polling place program under Section 43.007 or has more than one early voting polling place, transmit a time stamp when each voter is accepted, including the voter's unique identifier, to all polling place locations; (7) time-stamp the receipt of a transmission under Subdivision (6); (8) produce in an electronic format compatible with the statewide voter registration list under Section 18.061 data for retention and transfer that includes: (A) the polling location in which the device was used; (B) the dated time stamp under Subdivision (5); and (C) the dated time stamp under Subdivision (7); (9) produce a report with all information required to be included on a combination form under Chapter 63 and Section 64.032; and (10) produce a copy of the list of all voters who were accepted to vote, including a reference to the voter's county election precinct and polling location where the voter was accepted to vote. (a-1) Nothing in this section may be construed to prevent an election official from redacting information included on a document described by Subsection (a) as necessary to preserve a voter's right to a secret ballot protected under Section 4, Article VI, Texas Constitution. (b) A device described by this section must be certified annually by the secretary of state. (c) The secretary of state shall adopt rules that require a device described by this section used during the early voting period or under the countywide polling place program under Section 43.007 to update data in real time. If a county uses a device that does not comply with the rule in two consecutive general elections for state and county officers, the secretary of state shall assess a noncompliance fee. The noncompliance fee shall be set at an amount determined by secretary of state rule. Added by Acts 2019, 86th Leg., R.S., Ch. 916 (H.B. 4130), Sec. 1, eff. September 1, 2019. Amended by: Acts 2025, 89th Leg., R.S., Ch. 1152 (S.B. 2217), Sec. 2, eff. September 1, 2025.