Tex. Elec. Code § 122.001 · Subchapter A. VOTING SYSTEM STANDARDS
VOTING SYSTEM STANDARDS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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(b) Repealed by Acts 2017, 85th Leg., R.S., Ch. 404 (H.B. 25), Sec. 8, eff.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, Chapter 41, a voting system must provide a separate count of the votes cast after the time allowed by that subchapter.
Notes and commentary — not statutory text
History
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 of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/EL/htm/EL.122.htm
- Text hash
- sha256 e503c0b5f030fdbfdb38505e8999e7410673480e72f142857437b44e2cf0f5ce
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
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