ELECTION CODE
TITLE 8. VOTING SYSTEMS
CHAPTER 121. GENERAL PROVISIONS
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986.
§ 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) "Mechanical voting machine" means a voting machine
that is designed to function by the manual operation of a lever or
other device on the machine without the aid of electrical power.
(5) "Voting device" means an apparatus that is
designed for use with punch-card ballots, that holds the punch-card
ballot label, and that enables a voter to position the ballot for
voting.
(6) "Voting system equipment" means any kind of
mechanical, electromechanical, or electronic apparatus for use in a
voting system.
(7) "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.
(8) "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.
(9) "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.
(10) "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.
(11) "Mechanical machine ballot label" means the
cardboard or other material listing the candidates and propositions
that is attached to a mechanical voting machine to enable voters to
make their choices.
(12) "Punch-card ballot label" means the paper or
other material listing the candidates and propositions that is
designed for use with punch-card ballots to enable voters to make
their choices.
(13) "Voting system ballot label" means a punch-card
ballot label or a mechanical machine ballot label.
(14) "Electronic system ballot" means a ballot
designed for use with an electronic voting system.
(15) "Punch-card ballot" means an electronic system
ballot in the form of a tabulating card.
(16) "Voting system ballot" means a ballot designed
for use with a voting system.
(17) "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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 484, § 1, eff. Sept. 1, 1987; Acts
2001, 77th Leg., ch. 1054, § 1, eff. Sept. 1, 2001.
