ELECTION CODE

TITLE 8. VOTING SYSTEMS

CHAPTER 121. GENERAL PROVISIONS

Sec. 121.001.  APPLICABILITY OF OTHER PARTS OF CODE.  The other titles of this code apply to an election in which a voting system is used except to the extent that a provision is inconsistent with this title or cannot feasibly be applied in an election using a voting system.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 121.002.  PECUNIARY INTEREST OF SECRETARY OF STATE.  The secretary of state may not have a pecuniary interest in the manufacturing or marketing of voting system equipment or software necessary for the operation of a voting system.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 121.003.  DEFINITIONS.  In this title:
(1)  "Voting system" means a method of casting and processing votes that is designed to function wholly or partly by use of mechanical, electromechanical, or electronic apparatus and includes the procedures for casting and processing votes and the programs, operating manuals, tabulating cards, printouts, and other software necessary for the system's operation.
(2)  "Electronic voting system" means a voting system in which the ballots are automatically counted and the results automatically tabulated by use of electronically operated apparatus.
(3)  "Voting machine" means an apparatus on which voters cast their votes, that records each vote, and that furnishes a total of the number of votes cast for the candidates and for and against the measures.
(4)   "Voting system equipment" means any kind of mechanical, electromechanical, or electronic apparatus for use in a voting system.
(5)  "Automatic tabulating equipment" means equipment, other than a voting machine, that compiles vote totals by ballot sorting, ballot reading, ballot scanning, or electronic data processing.
(6)  "Public counter" means a registering device that cumulatively records the number of voters casting votes on a voting machine and that is constructed and installed on the machine in a way that provides an unobstructed view of the recorded number.
(7)  "Protective counter" means a registering device that permanently records the cumulative number of times that a voting machine has been operated and that is installed in the machine in a way that prevents resetting the device.
(8)  "Registering counter" means a registering device on a voting machine that records the votes cast for a particular candidate or for or against a particular measure.
(9)  "Electronic system ballot" means a ballot designed for use with an electronic voting system.
(10)  "Punch-card ballot" means an electronic system ballot in the form of a tabulating card.
(11)  "Voting system ballot" means a ballot designed for use with a voting system.
(12)  "Direct recording electronic voting machine" or "DRE" means a voting machine that is designed to allow a direct vote on the machine by the manual touch of a screen, monitor, or other device and that records the individual votes and vote totals electronically.
(13)  "Ballot marking device" means a voting system with an electronic interface that allows a voter to mark a paper ballot.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 484, Sec. 1, eff. Sept. 1, 1987;  Acts 2001, 77th Leg., ch. 1054, Sec. 1, eff. Sept. 1, 2001.
Amended by: 
Acts 2005, 79th Leg., Ch. 1107 (H.B. 2309), Sec. 2.04, eff. January 1, 2006.
Acts 2019, 86th Leg., R.S., Ch. 708 (H.B. 88), Sec. 4, eff. September 1, 2019.

Sec. 121.004.  COMMUNICATIONS WITH VOTING SYSTEMS VENDOR PUBLIC INFORMATION.  (a) Except as provided by Subsection (b), a written letter, e-mail, or other communication, including a communication made confidential by other law, between a public official and a voting systems vendor:
(1)  is not confidential;
(2)  is public information for purposes of Chapter 552, Government Code; and
(3)  is not subject to an exception to disclosure provided by Chapter 552, Government Code, other than Sections 552.110 and 552.1101, Government Code.
(b)  A written letter, e-mail, or other communication between a public official and a voting systems vendor is excepted from disclosure under Chapter 552, Government Code, if the communication discloses information, data, or records relating to the security of elections critical infrastructure.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 4.13, eff. December 2, 2021.