Under Subchapter B, Chapter 123 of the Texas Election Code, a contract for the acquisition of a voting system must be in writing and approved by the Secretary of State with respect to compliance of the voting system and voting system equipment with applicable state requirements. The authority acquiring the equipment is required to submit to the Secretary of State a letter requesting approval of the acquisition of the voting system along with a copy of the relevant portions of the acquisition contract. The Secretary of State only needs the relevant portion of the contract that contains the information identifying the versions of the voting system and voting system equipment.
If a contract is approved, the Secretary of State will provide to the parties of the contract:
- A letter stating that the voting system and voting system equipment being acquired satisfy the applicable approval requirements, and
- A certified copy of the written order issued by the Secretary of State approving the voting system and voting system equipment
Any contract not approved by the Secretary of State is void. If a contract is not approved, the Secretary of State shall provide notice to the parties of the contract of the reasons that the contract was not approved. Executing a voting system equipment contract without the approval of the Secretary of State constitutes a Class B Misdemeanor.
If you have questions, please contact the Secretary of State toll-free at 1-800-252-8683 or via email.