Overall Vote Recommendation

Yes

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

HB 3709 aims to enhance the accuracy and transparency of electronic voting system results in Texas by updating procedures for conducting partial manual counts of ballots. The bill requires the general custodian of election records to conduct a manual count of all races from a random selection of precincts or countywide polling places where electronic voting systems were used. Specifically, the count must cover at least 1% of the precincts or three precincts, whichever is greater, and at least 1% of countywide polling places or three places, whichever is greater. To ensure randomness and timeliness, the selected precincts or polling places must be chosen randomly, with the manual count beginning within 72 hours after the polls close and completed no later than the 21st day after election day.

For general elections for state and county officers, primaries, or statewide propositions, the Secretary of State will be responsible for selecting the precincts or polling places to be counted, along with no more than three offices and three propositions. The Secretary of State will notify the general custodian of election records about these selections after election day. To increase public accessibility and awareness, the bill requires the general custodian to post notice of the manual count, including the date, time, and location, on the county’s official website rather than solely in the custodian's office. HB 3709 is set to take effect on September 1, 2025, and is designed to improve public confidence in election results by ensuring more consistent and transparent post-election auditing practices.

The original version of HB 3709 and the Committee Substitute version both aim to improve the accuracy and transparency of electronic voting system results by requiring partial manual counts of ballots. However, the key difference between the two versions lies in the authority and scope of the selection process for the manual count. In the original bill, the general custodian of election records is responsible for selecting the precincts or countywide polling places for the manual count, ensuring they are chosen randomly. Additionally, the count must begin within 72 hours after polls close and be completed within 21 days. In contrast, the Committee Substitute shifts the selection responsibility for general elections involving state and county officers, primaries, or statewide propositions to the Secretary of State, rather than the general custodian. This change centralizes the selection process and establishes that the Secretary of State can designate no more than three offices and three propositions to be manually counted, which adds a layer of oversight from the state level.

Another notable difference is in the notification process. The original bill requires the general custodian to post the notice of the manual count on the county’s official website rather than in the custodian's office, making the information more publicly accessible. The Committee Substitute retains this requirement, emphasizing increased public transparency, but clarifies that the notification must occur once the precincts or polling places have been selected or notified, as applicable. Additionally, the original version of the bill allows for flexibility in selecting precincts or polling places, while the Committee Substitute introduces more specific guidelines regarding which races and propositions will be subject to the manual count.

Overall, the Committee Substitute enhances the original bill by introducing a more structured and state-coordinated approach, involving the Secretary of State in the selection process for significant elections. This change is intended to ensure consistency and standardization across counties, particularly in statewide elections, while still maintaining the core objective of increasing election integrity and transparency.

Author

Mano DeAyala

Sponsor

Paul Bettencourt

Contact the Author

Rep. Mano DeAyala

Capitol Phone:

(512) 463-0514

Capitol Office:

EXT E1.318

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the Legislative Budget Board (LBB) no significant fiscal impact to the State of Texas is anticipated as a result of implementing HB 3709. The Board determined that any costs associated with conducting partial manual counts of electronic voting system ballots can be managed within the existing resources available to state agencies. Therefore, the bill does not necessitate additional state funding or result in a financial burden on the state budget.

Regarding local government impact, the fiscal note also indicates that no significant financial implications are expected for local government units. Although the bill mandates partial manual counts to ensure the accuracy of electronic voting results, the associated workload and potential costs are deemed manageable within the current capabilities and resources of local election offices. As a result, counties and municipalities are not expected to incur substantial additional expenses in implementing the bill's provisions.

Overall, the fiscal analysis reflects that HB 3709's focus on enhancing election accuracy through partial manual counts can be achieved without imposing a financial strain on either state or local government entities.

Vote Recommendation Notes

HB 3709 addresses critical issues related to the accuracy and transparency of the post-election audit process for electronic voting systems. The bill standardizes the process by allowing for a more flexible and efficient method of conducting manual counts, either through election precincts or countywide polling places, depending on which option better suits the circumstances. This flexibility aims to reduce the burden on election officials while maintaining audit integrity. The bill also ensures transparency by requiring the count selection to be random and mandating that the results be posted on the county's website home page.

By improving the efficiency and transparency of the audit process, HB 3709 supports the principle of Individual Liberty by safeguarding the accuracy of each vote and increasing public confidence in electoral outcomes. It also reflects Personal Responsibility by obliging election officials to follow standardized and timely procedures, thereby reducing the risk of procedural errors. Moreover, the bill aligns with the principle of Limited Government by promoting accountability and minimizing the risk of errors in vote tabulation, which can otherwise lead to unnecessary government intervention or disputes.

Given the bipartisan support for enhanced election integrity and the bill's focus on improving audit procedures without imposing significant costs on the state or local governments, a Yes vote is recommended. The bill strikes a balance between maintaining audit accuracy and reducing procedural inefficiencies, making it a practical step toward bolstering public trust in Texas elections. Texas Policy Research recommends that lawmakers vote YES on HB 3709.

Individual Liberty: HB 3709 enhances individual liberty by increasing the transparency and accuracy of post-election audits. By standardizing the audit process and ensuring that votes are accurately counted, the bill protects the integrity of each individual’s vote. This contributes to public confidence in the democratic process, reinforcing citizens' rights to have their votes counted correctly and fairly.
Personal Responsibility: The bill promotes personal responsibility by mandating that election officials conduct post-election audits in a more consistent and accountable manner. By requiring the selection of random precincts or countywide polling places for manual counts and setting clear timelines for completing the count, the bill ensures that custodians of election records perform their duties with diligence and transparency. This proactive approach minimizes human error and enhances the accuracy of election results.
Free Enterprise: HB 3709 does not directly impact free enterprise, as it primarily focuses on the internal processes of electoral audits rather than on economic activity or market dynamics. The bill’s provisions are administrative and procedural, addressing election integrity rather than commercial enterprise or economic freedoms.
Private Property Rights: The bill does not affect private property rights since it strictly pertains to the conduct of public elections and the responsibilities of election officials. There are no provisions within the bill that interfere with individual or corporate property ownership or usage.
Limited Government: The bill supports limited government by streamlining and modernizing the post-election audit process, reducing unnecessary delays and inefficiencies. By requiring prompt and standardized manual counts and improving public access to audit information, the bill increases government accountability while minimizing the potential for bureaucratic mismanagement. Additionally, the focus on using existing county resources aligns with the principle of limiting government expansion and spending.

Related Legislation

SB 2816 (Same As)

View Bill Text and Status