SB827

Regular Session

Relating to the audit of an election using an electronic voting system.

ModeratePlan for compliance

Low Cost

Effective:2025-09-01

Enforcing Agencies

Secretary of State • General Custodian of Election Records (County Level)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: October 1, 2025 (to ensure readiness for the November 2025 election cycle).
Agency Rulemaking: The Secretary of State (SOS) is statutorily required to adopt rules defining polling location selection and RLA scheduling *prior* to the first applicable election. Expect a regulatory gray zone regarding specific audit protocols between September 1 and late October 2025.

Immediate Action Plan

1. Audit Vendor Contracts: Immediately review SLAs to ensure support coverage extends 30 days post-election.
2. Update Watcher Protocols: Revise legal guidance and training to direct watchers to the Presiding Judge of the EVBB for credentialing.
3. Monitor the Texas Register: Assign a compliance officer to track SOS proposed rules regarding "polling location" definitions.
4. Prepare Web Infrastructure: Direct IT to create a designated upload slot for audit results adjacent to election returns on the county website.

Operational Changes Required

Contracts

Vendor SLAs: Review and amend contracts with voting system providers (e.g., ES&S, Hart) to extend technical support and legal hold capabilities from the standard canvass period to a full 30-day post-election window to accommodate the new RLA timeline.
Performance Guarantees: Update liability clauses to address potential discrepancies found during manual hand counts versus electronic tabulation.

Hiring/Training

Watcher Training: Update training materials for poll watchers immediately. They must now present credentials to the Presiding Judge of the Early Voting Ballot Board, not the general custodian.
Staffing Allocation: Employers of election workers must anticipate extended leave requests; the audit window is no longer a fixed 24-hour period but depends on SOS scheduling.

Reporting & Record-Keeping

Public Posting: IT teams must configure county websites to post manual count results in the *exact same location* as election returns within 3 days of count completion.
SOS Filing: A written report of the manual count must be transmitted to the Secretary of State no later than the 3rd day post-count.

Fees & Costs

Operational Overhead: While the LBB notes no fiscal impact to the state, counties and vendors must budget for increased overtime and technical support hours to accommodate manual counting procedures.

Strategic Ambiguities & Considerations

RLA Scheduling: The law removes the fixed 24-hour start window, granting the SOS total discretion on dates. This makes precise workforce planning impossible until the SOS issues the election calendar.
Unit of Audit: The shift from "precincts" to "polling locations" creates uncertainty for Vote Centers. It is currently unclear if *all* ballots at a Vote Center must be hand-counted or only specific ballot styles; SOS rulemaking determines this scope.
Discrepancy Resolution: The statute does not explicitly define which count prevails for canvassing if the manual count contradicts the electronic tabulation, creating a specific litigation risk.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsElections Elections--general Audits & Auditors County Government County Government--general Elections--election Officers Elections--voting Systems Secretary of State

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

Senate Research Center	S.B. 827
89R2389 MPF-D	By: Parker
	State Affairs
	3/19/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

In recent years, concerns over the accuracy and integrity of electronic voting systems have grown, leading to calls for increased election transparency and auditability. While Texas law currently requires some post-election audits, the evolving landscape of election security necessitates a more robust, standardized approach to verifying electronic vote tabulations. Existing procedures do not mandate comprehensive manual verification of electronic voting system results, leaving potential gaps in ensuring public confidence in election outcomes.

A committee substitute for S.B. 827 will strengthen election integrity by expanding the hand count audit process for electronic voting systems. The bill increases the scope of manual audits, requiring the general custodian of election records to conduct a hand count in a randomly selected percentage of polling locations and precincts, including mail-in ballots. Additionally, the substitute will integrate risk-limiting audits into the statewide election process, ensuring that all counties participate in verifying election results for selected races or measures. By enhancing audit procedures and providing transparency through publicly available audit results, this legislation aims to bolster voter confidence and reinforce the accuracy of Texas elections.

As proposed, S.B. 827 amends current law relating to the audit of an election using an electronic voting system.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends the heading to Section 127.201, Election Code, to read as follows:

Sec. 127.201. HAND COUNT ELECTION AUDIT.

SECTION 2. Effective date: September 1, 2025.

Senate Authors

Sen. Tan ParkerRepublican · Primary Author

House Sponsor

Rep. Mano DeAyalaRepublican · Primary Sponsor

Bill Text(with markup)

S.B. No. 827

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to the audit of an election using an electronic voting
	system.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 127.201, Election Code, is amended to
	read as follows:
	Sec. 127.201. HAND [~~PARTIAL~~] COUNT ELECTION AUDIT [OF
	~~ELECTRONIC VOTING SYSTEM BALLOTS BY GENERAL CUSTODIAN~~]. (a) To
	ensure the accuracy of the tabulation of electronic voting system
	results, the general custodian of election records shall conduct a
	manual count of all the races in at least one percent of the
	election day polling locations and one percent of the early voting
	locations [~~precincts~~] or in three election day polling locations
	and three early voting locations [~~precincts~~], whichever is greater,
	in which the electronic voting system was used. The general
	custodian shall conduct a manual count of all the races contained on
	the ballots by mail in at least one percent of the precincts in
	which a ballot by mail was cast and in which the ballots were
	counted using automatic tabulating equipment, or in three precincts
	in which a ballot by mail was cast and in which the ballots were
	counted using automatic tabulating equipment, whichever is
	greater. The custodian shall select the polling locations and
	precincts at random and shall begin the count not later than 72
	hours after the polls close. The count shall be completed not later
	than the 21st day after election day. Subsections [~~Subsection~~]
	(b), (b-1), (b-2), and (b-3) supersede [~~supersedes~~] this subsection
	to the extent of a conflict.
	(b) In a general election for state and county officers,
	primary election, or election on a proposed amendment to the state
	constitution or other statewide measure submitted by the
	legislature, the secretary of state shall select, in accordance
	with rules adopted by the secretary, the polling locations and
	precincts to be counted under Subsection (a). The secretary shall
	designate not more than three offices and not more than three
	propositions to be counted in the selected polling locations and
	precincts. The secretary shall notify the general custodian of
	election records of the polling locations, precincts, offices, and
	propositions selected under this subsection not earlier than the
	day after election day.
	(b-1) The general custodian of election records shall
	designate the members of the early voting ballot board for the
	election to perform the manual count under this section at the
	direction of the custodian. If one or more members of the early
	voting ballot board are unable to serve, then additional members
	may be appointed using the appointment procedures under Section
	87.002.
	(b-2) In an election in which a statewide risk-limiting
	audit is performed under Subchapter I, the manual count under this
	section shall begin the count not later than the first business day
	after the secretary of state has certified the completion of the
	risk-limiting audit, and the count must be completed not later than
	the 30th day after election day or by the deadline designated by the
	secretary of state for completion of the count, whichever is later.
	(b-3) The general custodian of election records, in
	accordance with procedures prescribed by the secretary of state,
	may select additional precincts and polling places to be counted
	under this section.
	(c) On selection or notification, as applicable, of the
	polling locations and precincts to be counted, the general
	custodian of election records shall post in the custodian's office
	a notice of the date, hour, and place of the count.
	(d) Each person entitled to appoint watchers [~~candidate~~] in
	the election is entitled to be present at the count and is entitled
	to have a watcher [~~representative~~] present. A watcher appointed to
	the count [~~representative~~] must satisfy the same eligibility
	requirements as a watcher under Chapter 33 and must be appointed in
	the same manner as a watcher under Chapter 33. The watcher must
	deliver their certificates [~~a certificate of appointment~~] to the
	presiding judge of the early voting ballot board [~~general~~
	~~custodian~~] at the time the watcher [~~representative~~] reports for
	service. [~~The certificate must be in writing and must include:~~
	[~~(1)~~ ~~the printed name and signature of the~~
	~~representative;~~
	[~~(2) the election subject to the count; and~~
	[~~(3)~~ ~~the printed name and signature of the candidate~~
	~~making the appointment.~~]
	(e) Not later than the third day after the date the count is
	completed, the general custodian of election records shall:
	(1) deliver a written report of the results of the
	count to the secretary of state; and
	(2) post the results of the count on the county's
	Internet website in the same location that the county provides
	information on election returns and election results.
	(g) This section does not apply to the tabulation of
	electronic voting system results for a voting system that uses
	direct recording electronic voting machines.
	SECTION 2. Section 127.302, Election Code, is amended by
	amending Subsections (a), (b), and (c) and adding Subsection (a-1)
	to read as follows:
	(a) The [~~Not later than 24 hours after all ballots have been~~
	~~counted in an election, the~~] general custodian of election records
	shall participate in [~~conduct~~] a risk-limiting audit for one or
	more [a] selected statewide races [~~race~~] or measures [~~measure~~].
	The custodian shall begin the audit on a date prescribed by the
	secretary of state.
	(a-1) All counties holding an election subject to this
	subchapter must participate in the risk-limiting audit on the
	selected statewide races or measures as provided by this section,
	regardless of the method of counting voted ballots used by the
	county.
	(b) The secretary of state shall select, in accordance with
	rules adopted by the secretary, the precincts to be counted and the
	offices [~~office~~] or propositions [~~proposition~~] to be counted.
	(c) The general custodian of election records shall
	complete the audit on the date prescribed by the secretary of state
	[~~not later than 24 hours before the time for conducting the canvass~~
	~~of the election~~].
	SECTION 3. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


March 19, 2025

TO:	Honorable Bryan Hughes, Chair, Senate Committee on State Affairs

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB827 by Parker (Relating to the audit of an election using an electronic voting system.), As Introduced

No fiscal implication to the State is anticipated.

Local Government Impact

No fiscal implication to units of local government is anticipated.

Source Agencies:

307 Secretary of State

LBB Staff:

JMc, WP, CMA

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Frequently Asked Questions

Common questions about SB827

What does Texas SB827 do?

SB827 mandates a transition from partial electronic audits to manual hand counts of specific polling locations and requires universal participation in risk-limiting audits (RLAs) for all Texas counties. This legislation directly impacts election system vendors' service level agreements (SLAs) regarding support windows and requires county administrators to reconfigure post-election staffing and reporting workflows. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: October 1, 2025 (to ensure readiness for the November 2025 election cycle).

Who authored SB827?

SB827 was authored by Texas Senator Tan Parker during the Regular Session.

When was SB827 signed into law?

SB827 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce SB827?

SB827 is enforced by Secretary of State and General Custodian of Election Records (County Level).

How urgent is compliance with SB827?

The compliance urgency for SB827 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB827?

The cost impact of SB827 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does SB827 address?

SB827 addresses topics including elections, elections--general, audits & auditors, county government and county government--general.

Legislative data provided by LegiScanLast updated: November 25, 2025

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