Aging Voting System Laws in Texas

Christina Worrell Adkins

Attorney, Texas Secretary of State

State Certification Testing of Voting Systems Conference

June 2016

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Texas by the Numbers

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254 Counties in Texas

Over 3000 other Political Subdivisions

3 Voting System Vendors

7 different e-pollbook vendors

40 Counties participate in the Countywide Polling Place Program (Vote Centers)

160 provisions in the Texas Election Code related to Voting Systems

The Texas Legislature meets for 140 days every two years.

Texas Certification Process

• Five components to Texas Certification – Voting System Examiners – Written Application Process – Two day in-person examination – Public Hearing – Certification Order

• Process takes a minimum of 2-3 months.

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Voting Systems and the Texas Election Code

• 1930 = Texas Legislature authorized the use of “voting machines” also known as lever machines.

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Voting Systems and the Texas Election Code

• Established procedures for examination by SOS and certification of machines.

• Provided requirements for voting machine ballots.

• Established procedures for conducting voting with the equipment.

• Evolved into the current Title 8 of the Texas Election Code which governs voting systems.

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Voting Systems and the Election Code

• 1967 = Texas Legislature authorized the use of “electronic voting systems” that are centrally tabulated such as punch-card systems or central scanners.

– Provides procedures for testing and tabulating ballots centrally.

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Voting Systems and the Election Code

• 2001 = Texas Legislature authorized the use of direct-recording electronic voting machines.

– Provides security procedures for equipment and specific testing requirements.

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Voting Systems and the Election Code

• 2001 = Texas Legislature began to limit to use of punch-card systems by prohibiting adoption of such system.

• 2003 = Texas implements HAVA which requires a phase out of punch-card systems.

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Since 2001…

• Only 20 of 160 provisions in the Texas Election Code have been amended.

• Texas has gone through 14 voting system certifications.

• The Texas Legislature has been in session a combined total of 3.5 years out of the last 15 years.

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Current Challenges

• How do we conduct a voting system certification examination with modern voting systems? – New technology that doesn’t fit into existing law.

– Technology that changes faster than our laws.

– Certification Program wasn’t devised for testing new technology.

• How do we educate the legislature on nuances of voting systems?

• How do we handle the ever present public distrust of electronic voting systems?

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Short-Term Solutions

• The SOS shall obtain and maintain uniformity in the application, operation and interpretation of the elections laws in Texas. (31.003, TEC)

– Rule-Making Authority (Texas Administrative Code)

– Advisories and Directives issued by the SOS

– Voting System Certification Process

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Long Term Solutions

• Amend/Re-Write Provisions of the Texas Election Code.

• Change the definition of Voting System

– Focus on broader laws

– Engage your different stake-holders

• Expand on Administrative Code provisions.

• Work with local election officials.

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Questions?

Christina Worrell Adkins

cadkins@sos.texas.gov

512-463-9859

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