Overall Vote Recommendation

Yes

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

SB 827 proposes an amendment to Section 127.201 of the Texas Election Code, which governs audits of electronic voting systems. The bill shifts the focus from a “partial count” to a comprehensive manual count in randomly selected polling places, ensuring a greater degree of transparency and accuracy in the tabulation of votes. Specifically, the bill mandates that a hand count be conducted for all races in at least one percent of election day polling locations and one percent of early voting locations—or in a minimum of three locations for each, whichever is greater. It also includes a similar requirement for mail-in ballot precincts where automatic tabulating equipment was used.

The bill introduces a strict timeline for conducting these audits, requiring the manual count to begin within 72 hours after polls close and be completed no later than 21 days following the election. In state and federal general elections, primary elections, or constitutional amendment elections, the Secretary of State is tasked with randomly selecting the specific races and propositions to be audited. The Secretary may choose up to three races and three propositions for audit across the selected polling locations.

SB 827 enhances the structure and oversight of post-election auditing by standardizing procedures and placing audit authority in the hands of both local election officials and the Secretary of State. These changes are designed to improve voter confidence in the electoral process by providing a more robust mechanism to verify the accuracy of electronic vote tabulation systems. The bill maintains safeguards against potential conflicts by ensuring random selection and imposing clear deadlines, which aim to balance transparency with administrative feasibility.

The originally filed version of SB 827 and its Committee Substitute version both focus on amending Section 127.201 of the Texas Election Code to enhance election audit procedures. However, there are significant differences in scope, structure, and implementation between the two versions.

The original version of SB 827 is brief and only changes the section title, replacing “partial count” with “hand count” in the title of Section 127.201. This original version does not include any substantive provisions or procedural requirements—it essentially signals an intent to update the terminology used in the statute but leaves the audit process itself undefined.

In contrast, the Committee Substitute for SB 827 introduces a comprehensive and detailed framework for how election audits should be conducted. It sets specific requirements for the percentage of polling locations and mail-in ballot precincts to be audited (at least 1% or three locations, whichever is greater), mandates that audits include all races on the ballots, and sets strict timelines for beginning (within 72 hours of polls closing) and completing (within 21 days after election day) the audits. The substitute also assigns responsibility to the Secretary of State to select specific races and propositions for review in statewide elections, adding a layer of centralized oversight.

Overall, the substitute bill greatly expands upon the originally filed version by providing detailed procedures and enhancing audit transparency and accountability, while the original filing simply introduced a symbolic change in nomenclature without substantive reform.

Author (1)

Tan Parker

Sponsor (1)

Mano DeAyala

Contact the Author

Sen. Tan Parker

Capitol Phone:

(512) 463-0112

Capitol Office:

EXT E1.608

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the Legislative Budget Board (LBB), SB 827 will not have a significant fiscal impact on the State of Texas. The costs associated with implementing the bill’s requirements—specifically those related to expanded post-election manual counts and risk-limiting audits—are expected to be absorbed within the current resources of the relevant state agencies, particularly the Secretary of State’s office.

However, the fiscal implications for local governments could be more pronounced. The bill requires local election officials to conduct expanded manual audits, which may involve additional staff hours, logistical coordination, and potential equipment or facility use for audit activities. These new operational demands could generate costs for counties or other local election jurisdictions, especially those with limited budgets or those overseeing large numbers of precincts and early voting locations.

While the fiscal note does not quantify the exact local impact, it recognizes that the bill could impose additional financial burdens on local entities. Consequently, the extent of the impact would likely vary depending on the size of the jurisdiction, the scale of the election, and the existing capacity of local election offices.

Vote Recommendation Notes

SB 827 significantly strengthens post-election audit procedures in Texas, particularly for elections using electronic voting systems. The bill enhances the existing statutory audit process by mandating manual hand counts at a minimum of 1% of polling places (or three, whichever is greater), covering election day, early voting, and mail-in ballots. This increased scope of auditing ensures a higher level of transparency and integrity in the vote tabulation process. Additionally, it incorporates standardized risk-limiting audits statewide and mandates participation by all counties, further reinforcing confidence in election outcomes.

The bill’s fiscal note confirms that no significant costs are expected at the state level, and any associated costs could be absorbed using existing resources. While there could be minor cost impacts on local governments due to increased auditing requirements, these are balanced by the benefit of enhanced public trust and integrity in election systems. The public posting of audit results and watcher eligibility reforms further strengthen the transparency and accountability mechanisms.

The bill aligns strongly with the principles of Individual Liberty and Limited Government by reinforcing public trust in democratic institutions without expanding government control. It ensures that voters’ rights are protected through trustworthy and verifiable elections while also respecting local administrative authority. Additionally, both the Republican and Libertarian platforms emphasize election integrity and verifiability, and this bill meets those stated goals without introducing new rulemaking authority or expanding executive oversight. Therefore, Texas Policy Research recommends that lawmakers vote YES on SB 827.

Individual Liberty: The bill reinforces the foundational right of citizens to participate in free and fair elections by enhancing the transparency and verifiability of vote tabulations. By mandating manual hand-count audits and implementing risk-limiting audits across all counties, the bill increases confidence in election outcomes. This transparency protects the individual's role in the democratic process and guards against disenfranchisement due to potential errors or vulnerabilities in electronic voting systems.
Personal Responsibility: While the bill does not directly mandate individual behavior, it reinforces the principle of accountability within the public sector. Local election officials—the general custodians of election records—are required to take greater responsibility for the accuracy of reported results through enhanced audit protocols. This promotes a culture of diligence and trustworthiness within public service roles, indirectly upholding the ideal that individuals and officials alike should be answerable for their actions.
Free Enterprise: This bill does not significantly affect free enterprise, as it pertains strictly to government-run election processes. However, by instilling greater trust in the electoral system, the legislation contributes to a more stable and predictable civic environment—an indirect benefit to a free enterprise system that depends on well-functioning democratic institutions.
Private Property Rights: The bill does not involve land use, eminent domain, or any other provisions related to private property rights. This principle is not directly affected by the bill.
Limited Government: While the bill introduces new audit requirements, it does so without creating new state regulatory agencies or expanding the scope of government power. Instead, it refines existing electoral procedures to enhance integrity and oversight. The bill includes provisions to ensure audits are random, transparent, and timely, reinforcing checks and balances within the election system. This approach supports the principle of limited government by increasing public accountability without expanding governmental authority beyond its appropriate bounds.

View Bill Text and Status