Texas Codes

Tex. Elec. Code § 122.031 (2026)

Approval Of System And Equipment Required

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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.—Austin 2009).
Andrade v. NAACP of Austin, 287 S.W.3d 240 (Tex. App.—Austin 2009). · cites it 8× “See Tex. Elec. Code Ann. §§ 122.031 -.39 (West 2003 & Supp.”
Esperanza Andrade v. NAACP of Austin, No. 03-08-00076-CV (Tex. App.—Austin Apr. 10, 2009). · cites it 4× “See Tex. Elec. Code Ann. §§ 122.031 -.39 (West 2003 & Supp.”
Esperanza Andrade v. NAACP of Austin, No. 03-08-00076-CV (Tex. App.—Austin Apr. 10, 2009). · cites it 4× “VI, §§ 2(c), (4); Tex. Elec. Code Ann. §§ 122.031 -.39 (West 2003 & Supp.”
Christopher Ramsey v. Crickett Miller, No. 02-22-00412-CV, 2023 WL 3645468 (Tex. App.—Fort Worth May 25, 2023). “See Tex. Elec. Code Ann. § 122.031 (a). Thus, the alleged injury is not “fairly .”
Traci R. Jones v. Randy Stinson, No. 05-22-01098-CV, 2023 WL 8946172 (Tex. App.—Dallas Dec. 28, 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, No. 14-23-00280-CV, 2024 WL 3875931 (Tex. App.—Houston [14th Dist.] Aug. 20, 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 v. NAACP of Austin, No. 03-08-00076-CV (Tex. App.—Austin Apr. 10, 2009). “See Tex. Elec. Code Ann. § 122.031 (a) (West 2003) (Secretary of State responsible for approval of voting system equipment).”
Esperanza Andrade v. NAACP of Austin, No. 03-08-00076-CV (Tex. App.—Austin Apr. 10, 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
Traci R. Jones v. Randy Stinson, No. 05-22-01098-CV, 2023 WL 8946172 (Tex. App.—Dallas Dec. 28, 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, No. 14-23-00280-CV, 2024 WL 3875931 (Tex. App.—Houston [14th Dist.] Aug. 20, 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.”
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