Election test materials must be sealed, kept sealed, and only unsealed for listed official purposes or later public inspection.
Sec. 127.099. SECURITY OF TEST MATERIALS. (a) On completing the first test of automatic tabulating equipment used in a central counting station and the test of automatic tabulating equipment used at a polling place, the general custodian of election records shall place the test ballots and other test materials in a container provided for that purpose and seal the container so it cannot be opened without breaking the seal. The testing board and not more than two watchers, if one or more watchers are present, shall sign the seal. The watchers must be of opposing interests if such watchers are present. (a-1) The general custodian of election records shall provide the test materials to the presiding judge of the central counting station before subsequent tests of the automatic tabulating equipment used at the central counting station are conducted under Sections 127.093(c) and (d). (a-2) On completing subsequent tests of the automatic tabulating equipment used at the central counting station under Sections 127.093(c) and (d), the presiding judge shall place the test ballots and other test materials in a container provided for that purpose and seal the container so it cannot be opened without breaking the seal. The manager, tabulation supervisor, presiding judge, and not more than two watchers, if one or more watchers are present, shall sign the seal. The watchers must be of opposing interests if such watchers are present. (b) The test materials shall remain sealed for the period for preserving the precinct election records. (c) The container may not be unsealed unless the contents are necessary to conduct a test under this subchapter, a criminal investigation, an election contest, a request for public inspection under Subsection (d), or any other official proceeding under this code. If the container is unsealed, the authority in charge of the proceeding shall reseal the contents when not in use. (d) The test materials may not be made available for public inspection until the first day after the final canvass of the election is completed. The sealed container containing the test materials may be unsealed to allow for public inspection of the records and shall be resealed after the inspection of those records is completed. Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by: Acts 2025, 89th Leg., R.S., Ch. 1015 (S.B. 2166), Sec. 4, eff. September 1, 2025.