CHAPTER 121. GENERAL PROVISIONS

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.

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, Sec. 2.04, eff. January 1, 2006.