SECTION 81.58. Use of Electronic Signature Capture Device for Signature Roster

(a) Pursuant to §63.002(d), Election Code, a voter's signature may be captured by an electronic device for the signature roster.

(b) An "Electronic Signature" is defined as a digitized image of a handwritten signature. An "Electronic Signature Device" is defined as a device that permits a voter to make an electronic signature.

(c) To be used in an election in the State of Texas, electronic signature devices must be approved by the Secretary of State.

(1) A vendor who wishes to seek approval of an electronic signature capture device used in conjunction with a particular software must submit the request in writing to the Secretary of State.

(2) The request must include information regarding:

(A) type of device;

(B) name of device;

(C) any associated model numbers;

(D) the software it will be used with; and

(E) the information the device can display with respect to subsection (d)(3) and (4) of this section.

(3) Upon reviewing the request, the Secretary of State may request a demonstration of the electronic signature capture device.

(4) After completing the review, the Secretary of State will issue either an approval or a rejection in writing within 30 days of receiving initial request.

(5) The Secretary of State will maintain a list of approved electronic signature capture devices on their website.

(d) To be used in an election in the State of Texas, electronic signature capture devices must meet the following standards.

(1) The name of the voter must appear on the electronic signature device at the same time in which the voter is marking a signature, pursuant to §63.002(d), Texas Election Code.

(2) After marking signature, voter must be able to:

(A) indicate they are accepting the digitized image; or

(B) reject the digitized image, and be given another opportunity to mark their signature.

(3) If the electronic signature device only displays the voter's name and a place for the voter's signature, then the entity using the device must print out a copy of the signature and affix the printed signature to a hard copy of the signature roster.

(4) If the electronic signature device displays the voter's name, a place for the voter's signature, and a way for a voter to accept and initial any required affidavits on the device screen, the entity using the device may maintain their signature roster electronically.

(A) If an entity maintains their signature roster electronically, the entity must be able to produce a hard copy of the signature roster that contains the electronic signature of the voters on that list.

(B) If the signature roster used by an entity is not one of the official forms prescribed by the Secretary of State, then the alternative form must be submitted to the Secretary of State for approval.

(e) Entities using electronic signatures must retain the electronic signature file in accordance with the preservation period for the election records of that election.

Source Note: The provisions of this §81.58 adopted to be effective March 19, 2014, 39 TexReg 1925