Texas Election Code
§ 129.023 — PUBLIC TEST OF LOGIC AND ACCURACY
EL § 129.023Title 8. VOTING SYSTEMS · Ch. 129. DIRECT RECORDING ELECTRONIC VOTING MACHINES · Art. B. PRE-ELECTION ACCEPTANCE AND
Statute text
View on source(a)The general custodian of election records shall create a testing board consisting of at least two persons. The general custodian of election records shall make every reasonable effort to ensure that the testing board consists of at least one person from each political party that holds a primary election.
(b)Not later than the 48th day before election day, the general custodian of election records shall conduct a logic and accuracy test. Public notice of the test must be published on the political subdivision's Internet website, if the political subdivision maintains an Internet website, or on the bulletin board used for posting notice of meetings of the political subdivision's governing body if the political subdivision does not maintain an Internet website, at least 48 hours before the test begins, and the test must be open to the public. (b-1) If the test is being conducted for a primary election, the general custodian of election records shall notify the county chair of the test at least 48 hours before the date of the test. The county chair shall confirm receipt of the notice. (b-2) If the test is being conducted for an election in which a county election board has been established under Section 51.002, the general custodian of election records shall notify each member of the board of the test at least 48 hours before the date of the test. If the county election board chooses to witness the test, each member shall sign the statement required by Subsection (e)(1). (b-3) If the test cannot be conducted before the 48th day before election day, then the general custodian shall conduct the test as soon as practicable after that date and must notify the secretary of state within 24 hours of the determination that the deadline cannot be met.
(c)The general custodian of election records shall adopt procedures for testing that:
(1)direct the testing board to cast votes;
(2)verify that each contest position, as well as each precinct and ballot style, on the ballot can be voted and is accurately counted;
(3)include overvotes and undervotes for each race, if applicable to the system being tested;
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Legislative history
Acts 2009, 81st Leg., R.S., Ch. 682 (H.B. 2524), Sec. 2, eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2817), Sec. 27, eff. September 1, 2011. Acts 2017, 85th Leg., R.S., Ch. 404 (H.B. 25), Sec. 7, eff. September 1, 2020. Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Sec. 21, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 1052 (H.B. 933), Sec. 12, eff. September 1, 2019. Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 4.16, eff. December 2, 2021. Acts 2025, 89th Leg., R.S., Ch. 1015 (S.B. 2166), Sec. 7, eff. September 1, 2025.