SB827

SB827 expands and reorganizes hand-count checks of electronically counted ballots, adds online publication of results, and coordinates statewide risk-limiting audits. It was signed June 20, 2025, and took effect September 1, 2025. It does not require a full hand recount of every ballot. Final act; History.

The ordinary hand-count sample now separately covers at least 1% of election-day polling locations and 1% of early-voting locations, or three of each, whichever is greater, where electronic voting systems were used. Mail ballots counted automatically get their own sample: at least 1% of precincts with such mail ballots, or three precincts, whichever is greater. The default is random selection and all races on the sampled ballots. In state-and-county general elections, primaries and the specified statewide-measure elections, the secretary of state instead selects the locations/precincts and up to three offices and three propositions, with notice no earlier than the day after election day. The custodian may add locations or precincts under state procedures. Section 127.201(a), (b) and (b-3).

Normally, the count begins within 72 hours after polls close and finishes by day 21 after election day. When a statewide risk-limiting audit is performed, the hand count instead begins no later than the first business day after the state certifies that audit’s completion, and finishes by day 30 after election day or the state-set deadline, whichever is later. These are different procedures with different timing rules. The existing exclusion for direct-recording electronic voting machines remains in the hand-count section. Hand-count deadlines and exception.

The early voting ballot board performs the count under the records custodian’s direction; unavailable members can be replaced through existing appointment procedures. The custodian posts the count’s time and place in the office. People entitled to appoint poll watchers may attend and have an eligible, properly appointed watcher present; the watcher submits certificates to the board’s presiding judge. Within three days after completion, results must go to the secretary of state and appear on the county website where election returns/results are posted. Staffing, observation and disclosure; Ballot-board appointment rules; Watcher eligibility and training.

Risk-limiting audits are statistical checks using paper records. SB827 lets the secretary of state set start and completion dates and select one or more statewide races or measures. All counties holding an election subject to that audit law must participate, regardless of how they count ballots. Existing applicability still matters: the election must occur after August 31, 2026, include a statewide race or measure and use an auditable voting system. That system has a voter-readable paper record and the statutory network-connection restrictions. SB827 does not move this existing 2026 trigger back to 2025. Section 2; Audit applicability; Auditable-system definition; Statistical sampling rules.