Texas Codes

Tex. Elec. Code § 122.001 (2026)

Voting System Standards

✓ current as of May 2026

Find cases: SyfertCases citing this section TX-LEGstatutes.capitol.texas.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Sec. 122.001. VOTING SYSTEM STANDARDS.

(a) A voting system may not be used in an election unless the system:

(1) preserves the secrecy of the ballot;

(2) is suitable for the purpose for which it is intended;

(3) operates safely, efficiently, and accurately and complies with the voting system standards adopted by the Election Assistance Commission;

(4) is safe from fraudulent or unauthorized manipulation;

(5) permits voting on all offices and measures to be voted on at the election;

(6) prevents counting votes on offices and measures on which the voter is not entitled to vote;

(7) prevents counting votes by the same voter for more than one candidate for the same office or, in elections in which a voter is entitled to vote for more than one candidate for the same office, prevents counting votes for more than the number of candidates for which the voter is entitled to vote;

(8) prevents counting a vote on the same office or measure more than once;

(9) permits write-in voting; and

(10) is capable of providing records from which the operation of the voting system may be audited.

(b) Repealed by Acts 2017, 85th Leg., R.S., Ch. 404 (H.B. 25), Sec. 8, eff. September 1, 2020.

(c) The secretary of state may prescribe additional standards for voting systems consistent with this title. The standards may apply to particular kinds of voting systems, to particular elements comprising a voting system, including operation procedures, or to voting systems generally.

(d) Effective January 1, 2006, a voting system may not be used in an election if the system uses:

(1) mechanical voting machines; or

(2) a punch-card ballot or similar form of tabulating card.

(e) For an election for federal office in which a state or federal court order has extended the time for voting beyond the time allowed by Subchapter B, Chapter 41, a voting system must provide a separate count of the votes cast after the time allowed by that subchapter.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1987, 70th Leg., ch. 484, Sec. 2, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 728, Sec. 30, eff. Sept. 1, 1993; Acts 2003, 78th Leg., ch. 1315, Sec. 49, eff. Jan. 1, 2004.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 298 (H.B. 2900), Sec. 1, eff. June 1, 2015.

Acts 2017, 85th Leg., R.S., Ch. 404 (H.B. 25), Sec. 6, eff. September 1, 2020.

Acts 2017, 85th Leg., R.S., Ch. 404 (H.B. 25), Sec. 8, eff. September 1, 2020.

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 2009–2025 · leading case: Andrade v. NAACP of Austin, 345 S.W.3d 1 (Tex. 2011).

Sort: Relevance Newest Treatment

Andrade v. NAACP of Austin, 345 S.W.3d 1 (Tex. 2011). · cites it 4× “1 Tex. Elec.Code §§ 122.001, .031. To obtain certification, voting system manufacturers must submit an application to a board of examiners appointed by the Secretary and the Attorney General.”

Andrade v. NAACP of Austin, 287 S.W.3d 240 (Tex. App. 2009). · cites it 8× “See Tex. Elec. Code Ann. §§ 122.001 -.005 (West 2003 & Supp.”

Laura Pressley v. Gregorio \Greg\" Casar", 567 S.W.3d 28 (Tex. App. 2016). “003 (authorizing Secretary of State, upon determination that system does not comply, to limit or prohibit its use), .”

Jane Nelson in Her Off. Capacity as Sec'y of State for the State of Texas v. Jarrett Woodward, Heather Couchman, Amber Cloy, Tommie Dickinson, Travis Eubanks, Amanda Eubanks, Traci Jones, Lars Kuslich, Michelle Pique, Madelon Highsmith, & Sharon Cotton, Voters of Bexar Cnty. (Tex. App. 2025). · cites it 3× “13 Tex. Elec. Code § 122.001……………………………………………………….”

David Rogers v. Gregorio \Greg\" Casar" (Tex. App. 2015). · cites it 3× “Tex. Elec. Code§ 122.001, .031. ... Once a system is The eSlate, a paperless DRE manufactured by Hart Intercivic, is one of a handful ofDREs the Secretary has certified.”

Esperanza Andrade, in Her Off. Capacity as Sec'y of State for the State of Texas v. NAACP of Austin, Nelson Linder, Sonia Santana & David Van Os (Tex. App. 2009). · cites it 2× “” Tex. Elec. Code Ann. § 122.001 (a)(11) (West Supp.”

Esperanza Andrade, in Her Off. Capacity as Sec'y of State for the State of Texas v. NAACP of Austin, Nelson Linder, Sonia Santana & David Van Os (Tex. App. 2009). · cites it 2× “See Tex. Elec. Code Ann. §§ 122.001 -.005 (West 2003 & Supp.”

Esperanza Andrade, in Her Off. Capacity as Sec'y of State for the State of Texas v. NAACP of Austin, Nelson Linder, Sonia Santana & David Van Os (Tex. App. 2009). · cites it 2× “" Tex. Elec. Code Ann. § 122.001 (a)(11) (West Supp.”

— Tex. Elec. Code § 122.001(a)(3) — 2 cases

Andrade v. NAACP of Austin, 345 S.W.3d 1 (Tex. 2011). “1 Tex. Elec.Code §§ 122.001, .031. To obtain certification, voting system manufacturers must submit an application to a board of examiners appointed by the Secretary and the Attorney General.”

Jane Nelson in Her Off. Capacity as Sec'y of State for the State of Texas v. Jarrett Woodward, Heather Couchman, Amber Cloy, Tommie Dickinson, Travis Eubanks, Amanda Eubanks, Traci Jones, Lars Kuslich, Michelle Pique, Madelon Highsmith, & Sharon Cotton, Voters of Bexar Cnty. (Tex. App. 2025). “13 Tex. Elec. Code § 122.001……………………………………………………….”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.