Texas Codes

Tex. Elec. Code § 122.031 (2026)

Approval Of System And Equipment Required

✓ current as of May 2026

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Sec. 122.031. APPROVAL OF SYSTEM AND EQUIPMENT REQUIRED. (a) Before a voting system or voting system equipment may be used in an election, the system and a unit of the equipment must be approved by the secretary of state as provided by this subchapter.

(b) The secretary of state may seek a temporary restraining order or a writ of injunction obtained through the attorney general to prevent the use of any part of a voting system or voting system equipment that has not been approved.

(c) A person commits an offense if the person executes a contract to sell, lease, or otherwise provide a voting system or voting system equipment that the person knows has not been approved. An offense under this subsection is a Class A misdemeanor.

(d) This section does not prohibit a person from exhibiting a voting system or unit of voting system equipment that has not been approved.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 728, Sec. 32, eff. Sept. 1, 1993.

Notes of Decisions

Cited in 8 cases (3 in the last 5 years), 2009–2024 · leading case: Andrade v. NAACP of Austin, 287 S.W.3d 240 (Tex. App. 2009).

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Andrade v. NAACP of Austin, 287 S.W.3d 240 (Tex. App. 2009). · cites it 8× “See Tex. Elec. Code Ann. §§ 122.031 -.39 (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 4× “See Tex. Elec. Code Ann. §§ 122.031 -.39 (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 4× “VI, §§ 2(c), (4); Tex. Elec. Code Ann. §§ 122.031 -.39 (West 2003 & Supp.”

Christopher Ramsey, Natasha Randolph, Kyndee Venable, & Aubrey Venable v. Crickett Miller, Pat Deen, George Conley, Craig Peacock, Larry Walden, & Steve Dugan (Tex. App. 2023). “See Tex. Elec. Code Ann. § 122.031 (a). Thus, the alleged injury is not “fairly .”

Traci R. Jones & Sharon M. Cotton v. Randy Stinson, Lane Grayson, Paul Perry, Kyle Butler, Todd Little, & Krystal Valdez (Tex. App. 2023). “TEX. ELEC. CODE § 122.031(a). The commissioners court may adopt a secretary-approved voting system for use in general elections, and the county executive committee of the political party holding a primary may adopt the system for primary elections.”

Steven Harvey v. Mark Henry, Galveston Cnty. Judge Darrell Apffel, Galveston Cnty. Comm'r Precinct 1. (Tex. App. 2024). “See Tex. Elec. Code §§ 122.031(a) (“Before a voting system 3 To the extent Harvey intended to support his equal protection claim with evidence, we remain unpersuaded that his claim is viable.”

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). “See Tex. Elec. Code Ann. § 122.031 (a) (West 2003) (Secretary of State responsible for approval of voting system equipment).”

— Tex. Elec. Code § 122.031(a) — 2 cases

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