Part 4.
OFFICE OF THE SECRETARY OF STATE
Chapter 81.
ELECTIONS
Subchapter C. VOTING SYSTEMS
The Office of the Secretary of State, Elections Division, adopts the
repeal of §§81.44, 81.54, and 81.56, concerning Voting Systems.
Amendments to §81.55, concerning accessible voting systems, are adopted
without change to the proposed text as published in the February 17, 2006,
issue of the
Texas Register
(31 TexReg 949).
No comments were received concerning the amendment or the repeal of these
rules.
Section 81.44 concerns punch-card ballot voting systems. Pursuant to the
passage of House Bill 1549 of the 78th Legislative session, the use of a punch-card
ballot or similar form of tabulating card is now prohibited.
Section 81.54 concerns electronic lever-type machines, and now is incompatible
with current precinct counters.
Some provisions of §81.55 no longer apply after the repeal of §122.0011
of the Texas Election Code, January 1, 2006. Accessibility in voting systems
has been established by federal law in the Help America Vote Act of 2002 (H.R.
3295), which would preempt state law regarding voter accessibility.
Section 81.56 concerns authorized alternative methods of providing a secret
ballot to persons with physical disabilities. The repeal of §122.0011
of the Texas Election Code on January 1, 2006, renders §81.56 obsolete.
Accessibility in voting systems has been established by federal law in the
Help America Vote Act of 2002 (H.R. 3295), which would preempt state law regarding
voter accessibility.