Texas § EL.66.058 - PRESERVATION OF PRECINCT ELECTION RECORDS

§ EL.66.058. PRESERVATION OF PRECINCT ELECTION RECORDS

PRESERVATION OF PRECINCT ELECTION RECORDS. (a) Except as otherwise provided by this code, the precinct election records shall be preserved by the authority to whom they are distributed for at least 22 months after election day. (b) For a period of at least 60 days after the date of the election, the voted ballots shall be preserved securely in a locked room in the locked ballot box in which they are delivered to the general custodian of election records. On the 61st day after election day, the general custodian of election records may: (1) require a person who has possession of a key that operates the lock on a ballot box containing voted ballots to return the key to the custodian; and (2) unlock the ballot box and transfer the voted ballots to another secure container for the remainder of the preservation period. (b-1) Except as permitted by this code, a ballot box or other secure container containing voted ballots may not be opened during the preservation period. (c) If during the preservation period an authorized entry is made into a ballot box or other secure container containing voted ballots, when the purpose for the entry is fulfilled, the box or container shall be relocked or resecured, and the box and key or secure container returned to the custodian. (d) A custodian of a ballot box or secure container containing voted ballots commits an offense if, during the preservation period prescribed by Subsection (a), the custodian: (1) makes an unauthorized entry into the box or container; or (2) fails to prevent another person from handling the box or container in an unauthorized manner or from making an unauthorized entry into the box or container. (e) An offense under Subsection (d) is a Class A misdemeanor. (f) The records in ballot box no. 4 may be preserved in that box or by any other method chosen by the custodian. If the records are removed from the box, they may not be commingled with any other election records kept by the custodian. (g) Electronic records created under Chapter 129 shall be preserved in a secure container. (h) For the preservation of precinct election records in an election involving a federal office, the secretary of state shall instruct the affected authorities on the actions necessary to comply with federal law and otherwise implement this section. Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1997, 75th Leg., ch. 1078, Sec. 18, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1315, Sec. 40, eff. Jan. 1, 2004. Amended by: Acts 2005, 79th Leg., Ch. 950 (H.B. 1580 ), Sec. 1, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 1197 (H.B. 1446 ), Sec. 1, eff. June 15, 2007. Acts 2007, 80th Leg., R.S., Ch. 1197 (H.B. 1446 ), Sec. 2, eff. June 15, 2007. Acts 2009, 81st Leg., R.S., Ch. 682 (H.B. 2524 ), Sec. 1, eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2817 ), Sec. 13, eff. September 1, 2011. Acts 2017, 85th Leg., 1st C.S., Ch. 1 (S.B. 5 ), Sec. 2, eff. December 1, 2017.