Relating to the conduct of randomized county election audits.

89(R) SB 1863 - House Committee Report version - Bill Text

By: Hughes, et al.

S.B. No. 1863

(Shaheen)

A BILL TO BE ENTITLED

AN ACT

relating to the conduct of randomized county election audits.

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

SECTION 1. Section 127.351, Election Code, is amended by

amending Subsections (a) and (b) and adding Subsections (a-1),

(b-1), (b-2), (c-1), (d-1), (d-2), (d-3), (d-4), (e-1), (e-2), and

(e-3) to read as follows:

(a) Immediately after
each November
[
the
] uniform election

date [
in November of an even-numbered year
], the secretary of state

shall conduct an audit of the elections held on
that November
[
the
]

uniform election date in
16
[
four
] counties [
during the previous

two years
].
The audit shall include any election held in the

preceding year in a political subdivision of a county included in

the audit.

(a-1)

For purposes of enabling the secretary of state to

conduct audits under this section, each county and political

subdivision of this state authorized to hold an election shall:

(1)

register with the secretary of state as a county or

political subdivision authorized to hold an election; and

(2)

notify the secretary of state of each election

held by the county or political subdivision not later than the 90th

day before the date of the election.

(b) The secretary of state shall select the counties to be

audited under Subsection (a) at random, except that:

(1)
13
[
two
] of the counties selected must have a total

population of less than 300,000;

(2)
three
[
two
] of the counties selected must have a

total population of 300,000 or more; and

(3) a county selected in the most recent audit cycle

may not be selected in the current audit cycle.

(b-1)

An audit conducted under this section may not be

conducted before:

(1)

the end of the period for filing a petition in an

election contest; or

(2) a resulting runoff for an election.

(b-2)

Notwithstanding Subsection (b), in the audits

performed following the elections held on the November 2025 and

November 2026 uniform election dates, the secretary of state shall

include in place of one of the counties selected under Subsection

(b)(2) a county with a total population of less than 150. This

subsection expires September 1, 2031.

(c-1)

In conducting an audit under this section, the

secretary of state shall audit:

(1) the accuracy of voter registration lists;

(2)

the registrar's compliance with voter registration

list maintenance requirements;

(3)

the procedures for testing voting equipment and

voting systems before the start of tabulation, including procedures

related to:

(A) testing ballots; and

(B)

the storage and maintenance of voting

equipment and voting systems;

(4)

any chain of custody or seal documentation

requirements for election records or supplies;

(5)

the procedures for early voting by mail, including

procedures related to:

(A)

applications for a ballot to be voted by

mail;

(B)

early voting by mail ballot envelopes and

carrier envelopes;

(C)

lists kept by the early voting clerk or

registrar related to early voting by mail; and

(D)

records created or used by the early voting

ballot board; and

(6)

the procedures for provisional ballots, including

procedures related to:

(A)

envelopes containing provisional ballots;

and

(B) records related to provisional ballots.

(d-1)

The county clerk or person performing the duties of a

county clerk in a county or political subdivision audited under

this section shall provide all necessary documents, records, and

access requested by the secretary of state.

(d-2)

If a person willingly fails to comply with a request

made by the secretary of state under Subsection (d-1), the

secretary of state may decline to reimburse the county or political

subdivision for any state-funded election expenses for a period of

not more than two years.

(d-3)

The secretary of state shall provide notice of any

action taken under Subsection (d-2) not later than the 10th day

after the date the secretary of state determines that the person has

intentionally or knowingly failed to comply with Subsection (d-1).

(d-4)

A county or political subdivision may appeal a

determination by the secretary of state that the county or

political subdivision has intentionally or knowingly failed to

comply with Subsection (d-1) in a district court with jurisdiction

over the county or political subdivision.

(e-1)

The secretary of state shall issue a report on each

audit conducted under this section and shall publish each report on

the secretary of state's Internet website. Notwithstanding any

other law, the contents of the report and any documents used in

conducting the audit are not subject to Chapter 552, Government

Code, until the report is officially published.

(e-2)

Before issuing a report under Subsection (e-1), the

secretary of state shall allow local election officials in the

county or political subdivision that is the subject of the audit to

review the report and provide comments to be submitted with the

report.

(e-3) A report under Subsection (e-1) must include:

(1)

a list of any major findings that may affect the

outcome of an election;

(2)

a determination whether any voters were determined

to be disenfranchised;

(3)

a detailed report of any major or minor findings of

the audit;

(4)

any comments provided by a local election official

under Subsection (e-2);

(5)

information related to any findings, actions, or

efforts taken under Subsection (e); and

(6)

any recommended changes for the election practices

of the county, political subdivision, or secretary of state.

SECTION 2. Subchapter J, Chapter 127, Election Code, is

amended by adding Section 127.352 to read as follows:

Sec.

127.352.

BALLOT ACCOUNTING IN RANDOMIZED COUNTY AUDIT

PILOT PROGRAM. (a) The secretary of state shall conduct a pilot

program as part of the randomized county audits conducted under

Section 127.351 in which the secretary of state develops an

auditing procedure that aims to account for each ballot prepared in

a county and numbered as required by Section 52.062.

(b)

When conducting randomized county audits under Section

127.351, the secretary of state shall randomly select one of the

counties selected under Section 127.351(b)(1) to participate in the

program.

(c)

In conducting the audit under Section 127.351, the

secretary of state shall, in addition to the requirements of that

section:

(1)

audit the county selected under Subsection (b)

using the auditing procedure developed under Subsection (a); and

(2)

provide a report to the legislature noting any

omissions or discrepancies discovered in the audit.

(d) This section expires September 1, 2027.

SECTION 3. Section 127.351(d), Election Code, is repealed.

SECTION 4. This Act takes effect September 1, 2025.