ELECTION CODE
CHAPTER 122. STATE SUPERVISION OVER VOTING SYSTEMS
SUBCHAPTER A. VOTING SYSTEM STANDARDS
§ 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 error rate standards of the voting system
standards adopted by the Federal Election 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;
(10) is capable of permitting straight-party voting;
and
(11) is capable of providing records from which the
operation of the voting system may be audited.
(b) A voting system may not be used in an election in which
straight-party voting is permitted unless the system permits or
prevents, as applicable, counting votes in accordance with Sections
65.007(c) and (d).
(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.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 484, § 2, eff. Sept. 1, 1987; Acts
1993, 73rd Leg., ch. 728, § 30, eff. Sept. 1, 1993; Acts 2003,
78th Leg., ch. 1315, § 49, eff. Jan. 1, 2004.
§ 122.0011. ACCESS BY PERSONS WITH DISABILITIES. A
voting system that is acquired on or after September 1, 1999, must:
(1) comply with Section 504 of the federal
Rehabilitation Act of 1973 (29 U.S.C. Section 794) and its
subsequent amendments and Title II of the federal Americans with
Disabilities Act (42 U.S.C. Section 12131 et seq.) and its
subsequent amendments; and
(2) provide a practical and effective means for voters
with physical disabilities to cast a secret ballot.
Added by Acts 1999, 76th Leg., ch. 319, § 1, eff. Sept. 1, 1999.
§ 122.002. INSPECTION OF VOTING SYSTEMS AND EQUIPMENT BY
SECRETARY OF STATE. The secretary of state may inspect at any
time, including the day of an election, a voting system or the
voting system equipment used in an election to determine whether
the system or equipment complies with applicable standards or
deviates from the system or equipment approved by the secretary.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 484, § 3, eff. Sept. 1, 1987.
§ 122.003. ACTION BY SECRETARY OF STATE. (a) If the
secretary of state determines after inspecting a voting system or
voting system equipment that the system or equipment does not
comply with applicable standards or deviates from an approved
system or equipment, the secretary by written order may:
(1) prohibit the use of the system or equipment or any
part of the system or equipment by an authority that adopted the
system or equipment for use in an election; or
(2) limit the use of the system or equipment or any
part of the system or equipment to circumstances or conditions
stated in the order.
(b) The secretary shall amend or rescind an order issued
under this section if the secretary determines that the system or
equipment has been modified to comply with applicable standards or
to not deviate from an approved system or equipment.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 484, § 3, eff. Sept. 1, 1987.
§ 122.004. PREPARATION OF SOFTWARE BY SECRETARY OF
STATE. (a) The secretary of state may prepare any type of
software for use with an electronic voting system.
(b) The software is subject to the standards and examination
procedures applicable to voting systems.
Added by Acts 1987, 70th Leg., ch. 484, § 3, eff. Sept. 1, 1987.
§ 122.005. VENUE FOR OFFENSES. Venue for prosecution of
an offense under this chapter is in the county in which the offense
was committed.
Added by Acts 1993, 73rd Leg., ch. 728, § 31, eff. Sept. 1, 1993.
SUBCHAPTER B. APPROVAL OF VOTING SYSTEM AND EQUIPMENT
§ 122.031. APPROVAL OF SYSTEM AND EQUIPMENT
REQUIRED. (a) Before a voting system or voting system equipment
may be used in an election, the system and a unit of the equipment
must be approved by the secretary of state as provided by this
subchapter.
(b) The secretary of state may seek a temporary restraining
order or a writ of injunction obtained through the attorney general
to prevent the use of any part of a voting system or voting system
equipment that has not been approved.
(c) A person commits an offense if the person executes a
contract to sell, lease, or otherwise provide a voting system or
voting system equipment that the person knows has not been
approved. An offense under this subsection is a Class A
misdemeanor.
(d) This section does not prohibit a person from exhibiting
a voting system or unit of voting system equipment that has not been
approved.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 484, § 4, eff. Sept. 1, 1987; Acts
1993, 73rd Leg., ch. 728, § 32, eff. Sept. 1, 1993.
§ 122.032. REQUIREMENTS FOR APPROVAL
GENERALLY. (a) For a voting system or voting system equipment to
be approved for use in elections, the voting system in which the
equipment is designed to be used must comply with the standards
prescribed by Subchapter A.
(b) The secretary of state may prescribe more specific
requirements and standards, consistent with this code, for approval
of particular kinds of voting system equipment or voting system
equipment generally.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 484, § 4, eff. Sept. 1, 1987.
§ 122.033. ADDITIONAL REQUIREMENTS FOR APPROVAL OF
VOTING MACHINE. (a) In addition to other requirements for
approval, a voting machine must be equipped with:
(1) a security system capable of preventing operation
of the machine;
(2) registering counters that can be secured against
access;
(3) a public counter; and
(4) a protective counter.
(b) The security system for a mechanical voting machine must
be a lock and key system.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 484, § 4, eff. Sept. 1, 1987.
§ 122.0331. ADDITIONAL REQUIREMENTS FOR ELECTRONIC
VOTING SYSTEM. (a) Copies of the program codes and the user and
operator manuals and copies or units of all other software and any
other information, specifications, or documentation required by
the secretary of state relating to an approved electronic voting
system and its equipment must be filed with the secretary.
(b) Materials described by Subsection (a) that are not on
file with and approved by the secretary of state, including any
updated or modified materials, may not be used in an election.
(c) The secretary of state shall periodically compare the
materials on file with the materials actually used in elections to
ensure compliance with this section.
(d) The program codes and all other software on file with
the secretary of state under this section are not public
information. The materials shall be made available to the attorney
general or the general's designee in any investigation of election
irregularities. The materials may be made available in a judicial
proceeding on the request of the court or other tribunal but may be
viewed in camera only.
Added by Acts 1987, 70th Leg., ch. 484, § 4, eff. Sept. 1, 1987.
§ 122.034. APPLICATION FOR APPROVAL AND FEE. (a) A
person desiring approval of a voting system or voting system
equipment must submit a written application for approval to the
secretary of state.
(b) An applicant must include with the application an
application fee.
(c) The secretary of state shall prescribe fees for the
submission of applications under this section in amounts reasonably
necessary to administer this subchapter and compensate examiners
appointed by the secretary.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 484, § 4, eff. Sept. 1, 1987; Acts
1993, 73rd Leg., ch. 728, § 33, eff. Sept. 1, 1993.
§ 122.035. APPOINTMENT OF EXAMINERS. (a) On
submission of an application for approval of a voting system or
voting system equipment, the secretary of state shall appoint four
persons as examiners, one of whom must be a full-time employee of
the secretary. The attorney general shall appoint two persons as
examiners, one of whom must be a full-time employee of the general.
(b) Two of the secretary of state's appointees must have
demonstrated ability and experience in mechanics or electronics
appropriate to the system or equipment to be examined, and two of
the secretary's appointees must have demonstrated knowledge of and
experience in election law and procedure.
(c) Only one person employed by the secretary of state may
be appointed.
(d) A person who has a pecuniary interest in the
manufacturing or marketing of any part of a voting system or voting
system equipment is ineligible for appointment.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 484, § 4, eff. Sept. 1, 1987; Acts
1993, 73rd Leg., ch. 728, § 34, eff. Sept. 1, 1993.
§ 122.036. EXAMINATION AND REPORT BY
EXAMINERS. (a) The examiners shall examine the voting system or
voting system equipment for which an application has been submitted
at the time and in the manner directed by the secretary of state.
(b) After conducting the examination, each examiner shall
prepare a written report on the examination as directed by the
secretary and deliver the report to the secretary.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 484, § 4, eff. Sept. 1, 1987.
§ 122.037. COMPENSATION OF EXAMINERS. (a) Each
examiner appointed under this subchapter, other than an employee of
the secretary of state or attorney general, is entitled to
compensation for services rendered in connection with an
application.
(b) The secretary of state shall set the amount of
compensation for examiners appointed by the secretary and shall use
the application fees collected under Section 122.034 to pay the
compensation.
(c) The attorney general shall set the amount of
compensation for an examiner appointed by the general and shall pay
the compensation from funds available to the general.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 484, § 4, eff. Sept. 1, 1987; Acts
1993, 73rd Leg., ch. 728, § 35, eff. Sept. 1, 1993.
§ 122.038. ACTION BY SECRETARY OF STATE. (a) After
reviewing the examiners' reports, the secretary of state shall
determine whether the voting system or voting system equipment for
which an application has been submitted satisfies the applicable
requirements for approval.
(b) The secretary may examine the system or equipment to aid
in determining whether it satisfies the requirements for approval.
(c) If the system or equipment satisfies the applicable
requirements for approval, the secretary by written order shall
approve the system or equipment of that design for use in elections.
Otherwise, the secretary shall deny the application.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 484, § 4, eff. Sept. 1, 1987.
§ 122.039. REPORT BY SECRETARY OF STATE. (a) The
secretary of state shall prepare a written report on each
application submitted under this subchapter. The report must state
whether the system or equipment was approved and the reasons for
approval or denial.
(b) The secretary shall attach the examiners' reports to the
report prepared under this section and permanently retain the
reports on file.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 484, § 4, eff. Sept. 1, 1987.
SUBCHAPTER C. MODIFICATION IN DESIGN OF APPROVED SYSTEM OR
EQUIPMENT
§ 122.061. APPROVAL OF MODIFIED DESIGN
REQUIRED. Before a voting system or voting system equipment that
is modified in design after its approval may be used in an election,
the modified design must be approved by the secretary of state as
provided by this subchapter.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 484, § 4, eff. Sept. 1, 1987.
§ 122.062. REQUIREMENTS FOR APPROVAL. The requirements
for approval of a modified design are the same as those prescribed
by Subchapter B for the initial approval of the voting system or
voting system equipment.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 484, § 4, eff. Sept. 1, 1987.
§ 122.063. APPLICATION FOR APPROVAL. A person desiring
approval of a modified design must submit a written application for
approval to the secretary of state.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 484, § 4, eff. Sept. 1, 1987.
§ 122.064. REVIEW OF APPLICATION. (a) The secretary
of state shall review an application for approval of a modified
design.
(b) The secretary may approve the modified design by written
order if the design satisfies the applicable requirements for
approval.
(c) If the secretary does not approve the modified design,
the secretary by written order shall:
(1) invite the applicant to submit additional
information in support of the application, submit the modified
system or equipment itself, or both; or
(2) require an examination of the modified system or
equipment by independent examiners.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 484, § 4, eff. Sept. 1, 1987.
§ 122.065. REVIEW AND EXAMINATION OF ADDITIONAL
MATERIAL. (a) The secretary of state shall review additional
information in support of an application and examine the modified
system or equipment submitted.
(b) The secretary may approve the modified design by written
order if the design satisfies the applicable requirements for
approval.
(c) If the secretary does not approve the modified design,
the secretary by written order shall require an examination of the
modified system or equipment by independent examiners.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 484, § 4, eff. Sept. 1, 1987.
§ 122.066. EXAMINATION FEE. (a) The secretary of
state shall prescribe an examination fee or fee schedule to
compensate examiners appointed by the secretary under this
subchapter.
(b) The fee for an examination may not exceed the fee for an
application for initial approval of a voting system or voting
system equipment.
(c) If the secretary orders an independent examination of
the modified system or equipment, the secretary may not appoint
examiners until the secretary receives the examination fee.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 484, § 4, eff. Sept. 1, 1987; Acts
1993, 73rd Leg., ch. 728, § 36, eff. Sept. 1, 1993.
§ 122.067. APPOINTMENT OF EXAMINERS. (a) If the
secretary of state requires an independent examination of the
modified system or equipment, the secretary shall appoint four
persons as examiners, one of whom must be a full-time employee of
the secretary. The attorney general shall appoint two persons as
examiners, one of whom must be a full-time employee of the general.
(b) To be eligible for appointment as an examiner under this
section, a person must be eligible for appointment as an examiner
for an application for initial approval of a system or equipment.
Only one employee of the secretary of state may be appointed.
(c) Two of the secretary of state's appointees must have
demonstrated ability and experience in mechanics or electronics
appropriate to the system or equipment to be examined.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 484, § 4, eff. Sept. 1, 1987; Acts
1993, 73rd Leg., ch. 728, § 37, eff. Sept. 1, 1993.
§ 122.068. EXAMINATION AND REPORT BY EXAMINERS. The
examiners shall examine the modified system or equipment and
prepare and deliver examination reports in the same manner as for an
application for initial approval of a system or equipment.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 484, § 4, eff. Sept. 1, 1987.
§ 122.069. COMPENSATION OF EXAMINERS. (a) Subject to
Subsections (b) and (c), an examiner appointed by the secretary of
state under this subchapter, other than the secretary's employee,
is entitled to compensation in an amount set by the secretary.
(b) The compensation rate for each examiner appointed by the
secretary of state for the same examination must be uniform.
(c) The total compensation paid to the examiners appointed
by the secretary of state for the same examination may not exceed
the examination fee.
(d) The secretary of state shall use the examination fees
collected under Section 122.066 to pay the compensation to
examiners appointed by the secretary.
(e) An examiner appointed by the attorney general under this
subchapter, other than an employee of the general, is entitled to
compensation in an amount set by the general. The attorney general
shall pay the compensation from funds available to the general.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 484, § 4, eff. Sept. 1, 1987; Acts
1993, 73rd Leg., ch. 728, § 38, eff. Sept. 1, 1993.
§ 122.070. ACTION BY SECRETARY OF STATE. (a) After
reviewing the examiners' reports, the secretary of state shall
determine whether the modified design satisfies the applicable
requirements for approval.
(b) The secretary may examine the modified system or
equipment to aid in determining whether it satisfies the
requirements for approval.
(c) If the modified design satisfies the applicable
requirements for approval, the secretary by written order shall
approve the system or equipment of that design for use in elections.
Otherwise, the secretary shall deny the application.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 484, § 4, eff. Sept. 1, 1987.
§ 122.071. REPORT BY SECRETARY OF STATE. (a) The
secretary of state shall prepare a written report on each
application submitted under this subchapter. The report must state
whether the modified design was approved and must include a
description of and the reason for the action ordered.
(b) If an examination by independent examiners was
conducted, the secretary shall attach the examiners' reports to the
report prepared under this section.
(c) The secretary shall permanently retain reports prepared
under this subchapter on file with the secretary's report on the
application for initial approval of the system or equipment.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 484, § 4, eff. Sept. 1, 1987.
SUBCHAPTER D. REEXAMINATION OF VOTING SYSTEM OR EQUIPMENT
§ 122.091. REEXAMINATION OF APPROVED SYSTEM OR EQUIPMENT
AUTHORIZED. (a) The secretary of state may reexamine a voting
system or voting system equipment as provided by this subchapter at
any time after the system or equipment is approved under Subchapter
B or C.
(b) The secretary of state may suspend approval for use of a
voting system or voting system equipment if the system or equipment
is not submitted for reexamination under this subchapter on the
request of the secretary.
(c) The secretary of state may prescribe fees in amounts
reasonably necessary to administer this subchapter and compensate
examiners appointed by the secretary.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 484, § 4, eff. Sept. 1, 1987; Acts
1993, 73rd Leg., ch. 728, § 39, eff. Sept. 1, 1993.
§ 122.0911. ASSISTANCE REQUIRED BY SECRETARY OF
STATE. (a) If the secretary of state determines that the
assistance of a particular person is necessary for the proper and
efficient reexamination of a voting system or voting system
equipment under this subchapter, the secretary may require that
person to provide the necessary assistance as provided by this
section.
(b) The secretary of state shall deliver written notice to a
person whose assistance is required not later than 72 hours before
the date the reexamination is scheduled to occur. The notice must
state:
(1) that the person is required to provide assistance
under Section 122.0911, Election Code;
(2) the nature of the assistance that is required; and
(3) the date, hour, and place of the reexamination.
(c) A person who, after proper notice, fails to provide the
assistance required by the secretary of state is civilly liable to
the state for $100 for each day that the person fails to comply. The
secretary of state shall notify the attorney general to initiate
suit to recover the penalty.
Added by Acts 1993, 73rd Leg., ch. 728, § 40, eff. Sept. 1, 1993.
§ 122.092. APPOINTMENT OF EXAMINERS. (a) The
secretary of state shall appoint four persons as examiners, one of
whom must be a full-time employee of the secretary, to assist in a
reexamination of an approved voting system or voting system
equipment. The attorney general shall appoint two persons as
examiners, one of whom must be a full-time employee of the general.
(b) Two of the secretary of state's appointees must have
demonstrated knowledge of and experience in the operation of the
system or equipment.
(c) Only one person employed by the secretary of state may
be appointed.
(d) A person who has a pecuniary interest in the
manufacturing or marketing of any part of a voting system or voting
system equipment is ineligible for appointment.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 484, § 4, eff. Sept. 1, 1987; Acts
1993, 73rd Leg., ch. 728, § 41, eff. Sept. 1, 1993.
§ 122.093. EXAMINATION AND REPORT BY
EXAMINERS. (a) The examiners shall examine the system or
equipment to be reexamined at the time and in the manner directed by
the secretary of state.
(b) After conducting the examination, each examiner shall
prepare a written report on the examination as directed by the
secretary and deliver the report to the secretary.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 484, § 4, eff. Sept. 1, 1987.
§ 122.094. COMPENSATION OF EXAMINERS. (a) An examiner
appointed under this subchapter, other than an employee of the
secretary of state or attorney general, is entitled to compensation
for services rendered in connection with a reexamination.
(b) The secretary of state shall set the amount of
compensation for examiners appointed by the secretary and shall use
the fees collected under Section 122.091 to pay the compensation.
(c) The attorney general shall set the amount of
compensation for an examiner appointed by the general and shall pay
the compensation from funds available to the general.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 484, § 4, eff. Sept. 1, 1987; Acts
1993, 73rd Leg., ch. 728, § 42, eff. Sept. 1, 1993.
§ 122.095. ACTION BY SECRETARY OF STATE. (a) After
reviewing the examiners' reports, the secretary of state shall
determine whether the voting system or voting system equipment
subject to reexamination satisfies the applicable requirements for
approval of the system or equipment for use in elections.
(b) The secretary may examine the system or equipment to aid
in determining whether it satisfies the requirements for approval.
(c) If the reexamined system or equipment does not satisfy
the applicable requirements for approval, the secretary by written
order shall:
(1) suspend approval of the system or equipment;
(2) suspend approval for future use of the system or
equipment; or
(3) give conditional approval of the system or
equipment.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 484, § 4, eff. Sept. 1, 1987.
§ 122.096. EFFECT OF SECRETARY OF STATE'S
ACTION. (a) A voting system or voting system equipment for which
approval is suspended may not be used in an election held after the
date the suspension order is issued.
(b) A voting system or voting system equipment for which
approval for future use is suspended may not be used in an election
held after the date the suspension order is issued unless the system
or equipment was adopted for use in the election before the date the
suspension order is issued. In that case, the system or equipment
may be used in that election only.
(c) A voting system or voting system equipment for which
conditional approval is given may not be used in an election held
after the date the conditional approval order is issued except in
accordance with conditions prescribed by the conditional approval
order.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 484, § 4, eff. Sept. 1, 1987.
§ 122.097. NOTICE OF SECRETARY OF STATE'S ACTION. Not
later than the fifth day after the date an order taking action under
Section 122.095(c) is issued, the secretary of state shall deliver
a copy of the order to the presiding officer of each political
subdivision that owns or leases a system or equipment subject to the
order.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 484, § 4, eff. Sept. 1, 1987.
§ 122.098. SUBSEQUENT APPROVAL. If a voting system or
voting system equipment subject to an order under Section
122.095(c) is subsequently approved under Subchapter B, the
approval nullifies the order.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 484, § 4, eff. Sept. 1, 1987.
§ 122.099. REPORT BY SECRETARY OF STATE. (a) The
secretary of state shall prepare a written report on each
reexamination. The report must state whether the system or
equipment satisfied the approval requirements and must include a
description of and the reason for the action ordered.
(b) The secretary shall attach the examiners' reports to the
report prepared under this section and permanently retain the
reports on file with the secretary's report on the application for
initial approval of the system or equipment.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 484, § 4, eff. Sept. 1, 1987.
