Relating to state oversight of county elections following a county election audit.

89(R) SB 1541 - House Committee Report version - Bill Text

89R28897 JDK-D

By: Bettencourt, et al.

S.B. No. 1541

(Swanson)

Substitute the following for S.B. No. 1541:
No.

A BILL TO BE ENTITLED

AN ACT

relating to state oversight of county elections following a county

election audit.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 31.017, Election Code, is amended to

read as follows:

Sec. 31.017. IMPLEMENTATION OF ADMINISTRATIVE OVERSIGHT OF

COUNTY ELECTION. (a)
The
[
In a county with a population of more

than 4 million, the
] secretary of state's office may order

administrative oversight of a county office administering

elections or voter registration in the county
:

(1) under Section 127.351; or

(2)
if
, in a county with a population of more than 4

million
:

(A)
[
(1)
] an administrative election complaint

is filed with the secretary of state by a person who participated in

the relevant election as:

(i)
[
(A)
] a candidate;

(ii)
[
(B)
] a county chair or state chair of

a political party;

(iii)
[
(C)
] a presiding judge;

(iv)
[
(D)
] an alternate presiding judge; or

(v)
[
(E)
] the head of a specific-purpose

political committee that supports or opposes a measure;

(B)
[
(2)
] the secretary of state has provided

notice to the county election official with authority over election

administration or voter registration under Section 31.018; and

(C)
[
(3)
] the secretary of state, after

conducting an investigation under Section 31.019, has good cause to

believe that a recurring pattern of problems with election

administration or voter registration exists in the county,

including any recurring:

(i)
[
(A)
] malfunction of voting system

equipment that prevents a voter from casting a vote;

(ii)
[
(B)
] carelessness or official

misconduct in the distribution of election supplies;

(iii)
[
(C)
] errors in the tabulation of

results that would have affected the outcome of an election;

(iv)
[
(D)
] violations of Section 66.053;

(v)
[
(E)
] discovery of properly executed

voted ballots after the canvass of an election that were not

counted; or

(vi)
[
(F)
] failure to conduct maintenance

activities on the lists of registered voters as required under this

code.

(b) The secretary of state shall make a determination on

whether to implement administrative oversight under Subsection (a)

not later than the 30th day after the earliest of:

(1) the day a response by the county election official

with authority over election administration or voter registration

is received by the secretary of state under Section 31.018;

(2) the last day the county election official with

authority over election administration or voter registration could

provide a response to the secretary of state under Section 31.018;

[
or
]

(3) the day the report on the findings of an

investigation is provided to the county election official with

authority over election administration or voter registration under

Section 31.019
; or

(4)

the monitoring period under Section 127.351 has

expired
.

SECTION 2. Sections 31.018(a) and (c), Election Code, are

amended to read as follows:

(a) In a county with a population of more than 4 million and

not later than the 30th day after receiving an administrative

election complaint under Section
31.017(a)(2)(A)
[
31.017(a)(1)
],

the secretary of state shall provide notice of the complaint to the

applicable county election official with authority over election

administration or voter registration, including the specific

allegations against the election official in the complaint.

(c) If the administrative election complaint filed under

Section
31.017(a)(2)(A)
[
31.017(a)(1)
] concerns an election for

which voting by personal appearance has begun and the final canvass

has not been completed, the county election official with authority

over election administration or voter registration must provide a

response under Subsection (b) not later than 72 hours after

receiving notice of the complaint under Subsection (a).

SECTION 3. Sections 31.019(a) and (c), Election Code, are

amended to read as follows:

(a) In a county with a population of more than 4 million, the

secretary of state may direct personnel in the secretary of state's

office to conduct an investigation on an administrative election

complaint received under Section
31.017(a)(2)(A)
[
31.017(a)(1)
]

and must consider any response or supporting documentation provided

by the county election official with authority over election

administration or voter registration under Section 31.018, if

applicable.

(c) After completing an investigation under this section,

the secretary of state must provide a report on the findings of the

investigation to:

(1) the county election official with authority over

election administration or voter registration; and

(2) the individual who filed the administrative

election complaint under Section
31.017(a)(2)(A)
[
31.017(a)(1)
].

SECTION 4. Sections 31.020(a) and (f), Election Code, are

amended to read as follows:

(a) If the secretary of state implements administrative

oversight under Section 31.017, the secretary shall provide written

notice to the county election official with authority over election

administration or voter registration and the county judge of the

determination by the secretary to implement administrative

oversight in the county. The notice must include the specific

recurring pattern of problems with election administration or voter

registration identified by the secretary
and as described by

[
under
] Section
31.017(a)(2)(C)
[
31.017(a)(3)
].

(f) The secretary of state shall conduct the administrative

oversight of a county until the earlier of:

(1) December 31 of the even-numbered year following

the first anniversary of the date the complaint was received under

Section
31.017(a)(2)(A)
[
31.017(a)(1)
];

(2)

December 31 of the even-numbered year following

the first anniversary of the secretary of state's decision to

administer administrative oversight under Section 127.351;
or

(3)
[
(2)
] the date on which the secretary of state

determines that the recurring pattern of problems with election

administration or voter registration is rectified.

SECTION 5. Section 31.037(b), Election Code, is amended to

read as follows:

(b)
The
[
In a county with a population of more than 4

million, the
] secretary of state may enter a written order to

terminate the employment of a county elections administrator at the

conclusion of administrative oversight of the county elections

administrator's office under
this subchapter
[
Subchapter A
] if the

recurring pattern of problems with election administration or voter

registration is not rectified or continues to impede the free

exercise of a citizen's voting rights in the county.

SECTION 6. Section 127.351, Election Code, is amended by

amending Subsection (e) and adding Subsection (e-1) to read as

follows:

(e) If [
not later than July 31 of the first odd-numbered

year following the commencement of an audit under this section,
]

the audit findings demonstrate to the secretary of state that a

recurring pattern of problems with election administration or voter

registration, as described under Section
31.017(a)(2)(C)

[
31.017(a)(3)
], exists in an audited county and the problems impede

the free exercise of a citizen's voting rights, the secretary:

(1) shall[
:

[
(A)
] publicly release the [
preliminary
]

findings of the audit[
;
] and
either:

(A)
[
(B)
] recommend the county for

administrative oversight under Subchapter A, Chapter 31
; or

(B)

coordinate with the applicable county

election official to develop a plan to remedy the identified

problems
; and

(2) may conduct
, as determined necessary by the

secretary:

(A)
an audit of other elections held in the

county in the previous two years
; or

(B)

an audit of other elections held within two

years of the completion of an audit under this section
[
, as

determined necessary by the secretary
].

(e-1)

The secretary of state may monitor compliance with a

plan developed under Subsection (e)(1)(B) for a year following the

creation of the plan. If the secretary of state determines the

county has failed to adequately implement the plan developed, the

secretary of state may order administrative oversight in accordance

with Subsection (e).

SECTION 7. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.