Tex. Election Code Section 122.001
Voting System Standards


(a)

A voting system may not be used in an election unless the system:

(1)

preserves the secrecy of the ballot;

(2)

is suitable for the purpose for which it is intended;

(3)

operates safely, efficiently, and accurately and complies with the voting system standards adopted by the Election Assistance Commission;

(4)

is safe from fraudulent or unauthorized manipulation;

(5)

permits voting on all offices and measures to be voted on at the election;

(6)

prevents counting votes on offices and measures on which the voter is not entitled to vote;

(7)

prevents counting votes by the same voter for more than one candidate for the same office or, in elections in which a voter is entitled to vote for more than one candidate for the same office, prevents counting votes for more than the number of candidates for which the voter is entitled to vote;

(8)

prevents counting a vote on the same office or measure more than once;

(9)

permits write-in voting; and

(10)

is capable of providing records from which the operation of the voting system may be audited.

(b)

Repealed by Acts 2017, 85th Leg., R.S., Ch. 404 (H.B. 25), Sec. 8, eff. September 1, 2020.

(c)

The secretary of state may prescribe additional standards for voting systems consistent with this title. The standards may apply to particular kinds of voting systems, to particular elements comprising a voting system, including operation procedures, or to voting systems generally.

(d)

Effective January 1, 2006, a voting system may not be used in an election if the system uses:

(1)

mechanical voting machines; or

(2)

a punch-card ballot or similar form of tabulating card.

(e)

For an election for federal office in which a state or federal court order has extended the time for voting beyond the time allowed by Subchapter B (Voting Hours), Chapter 41 (Election Dates and Hours for Voting), a voting system must provide a separate count of the votes cast after the time allowed by that subchapter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1987, 70th Leg., ch. 484, Sec. 2, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 728, Sec. 30, eff. Sept. 1, 1993; Acts 2003, 78th Leg., ch. 1315, Sec. 49, eff. Jan. 1, 2004.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 298 (H.B. 2900), Sec. 1, eff. June 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 404 (H.B. 25), Sec. 6, eff. September 1, 2020.
Acts 2017, 85th Leg., R.S., Ch. 404 (H.B. 25), Sec. 8, eff. September 1, 2020.

Source: Section 122.001 — Voting System Standards, https://statutes.­capitol.­texas.­gov/Docs/EL/htm/EL.­122.­htm#122.­001 (accessed Apr. 29, 2024).

122.001
Voting System Standards
122.002
Inspection of Voting Systems and Equipment by Secretary of State
122.003
Action by Secretary of State
122.004
Preparation of Software by Secretary of State
122.005
Venue for Offenses
122.031
Approval of System and Equipment Required
122.032
Requirements for Approval Generally
122.033
Additional Requirements for Approval of Voting Machine
122.034
Application for Approval and Fee
122.035
Appointment of Examiners
122.036
Examination and Report by Examiners
122.037
Compensation of Examiners
122.038
Action by Secretary of State
122.039
Report by Secretary of State
122.061
Approval of Modified Design Required
122.062
Requirements for Approval
122.063
Application for Approval
122.064
Review of Application
122.065
Review and Examination of Additional Material
122.066
Examination Fee
122.067
Appointment of Examiners
122.068
Examination and Report by Examiners
122.069
Compensation of Examiners
122.070
Action by Secretary of State
122.071
Report by Secretary of State
122.091
Reexamination of Approved System or Equipment Authorized
122.092
Appointment of Examiners
122.093
Examination and Report by Examiners
122.094
Compensation of Examiners
122.095
Action by Secretary of State
122.096
Effect of Secretary of State’s Action
122.097
Notice of Secretary of State’s Action
122.098
Subsequent Approval
122.099
Report by Secretary of State
122.0331
Additional Requirements for Electronic Voting System
122.0371
Public Hearing Required
122.0691
Public Hearing Required
122.0911
Assistance Required by Secretary of State
122.0941
Public Hearing Required

Accessed:
Apr. 29, 2024

§ 122.001’s source at texas​.gov