Relating to processes to address election irregularities; providing a civil penalty.

89(R) SB 505 - House Committee Report version - Bill Text

89R32172 MLH-D

By: Bettencourt, et al.

S.B. No. 505

(Swanson)

Substitute the following for S.B. No. 505:
No.

A BILL TO BE ENTITLED

AN ACT

relating to processes to address election irregularities;

providing a civil penalty.

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 280.002; 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 conclusion of an audit under Section 280.002
.

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 280.002;
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. Title 16, Election Code, is amended by adding

Chapter 280 to read as follows:

CHAPTER 280. REQUEST TO ADDRESS ELECTION IRREGULARITY

Sec.

280.001.

REQUEST FOR EXPLANATION. (a) A person

described by Subsection (f) may issue a written request to the

county clerk or other authority conducting an election for an

explanation and supporting documentation for:

(1)

an action taken by an election official that

appears to violate this code;

(2)

irregularities in results in a precinct or at a

polling place or early voting polling place;

(3)

inadequacy or irregularity of documentation

required to be maintained under this code;

(4)

discrepancies in the results of a reconciliation

of ballots between the number of voters and the number of votes

cast; or

(5)

any other departure from standard election

procedures in this state or the requirements of this code.

(b)

Not later than the 20th day after the date a request is

received under Subsection (a), the county clerk or other authority

shall provide the requestor the requested explanation and any

supporting documentation.

(c)

A requestor who is not satisfied with the explanation

and supporting documentation provided under Subsection (b) may

issue a request for further explanation and supporting

documentation to the county clerk or other authority.

(d)

Not later than the 10th day after the date a request is

received under Subsection (c), the county clerk or other authority

shall provide the requestor the requested explanation and any

supporting documentation.

(e)

A requestor who is not satisfied with the explanation

and supporting documentation provided under Subsection (d) may

issue a request to the secretary of state for an audit of the issue

described by Subsection (a), as provided by Section 280.002.

(f)

A person may make a request under this section if the

person participated in the relevant election as:

(1) a candidate;

(2) a county chair or state chair of a political party;

(3) a presiding judge;

(4) an alternate presiding judge; or

(5)

the head of a specific-purpose political committee

that supports or opposes a ballot measure.

Sec.

280.002.

AUDIT BY SECRETARY OF STATE. (a) A person to

whom Section 280.001(e) applies may submit a request for an audit to

the secretary of state for investigation. A request for an audit

must include copies of:

(1)

the requests made by the person to the county clerk

or other authority conducting the election under Sections

280.001(a) and (c); and

(2)

the explanations and any supporting documentation

provided by the county clerk or other authority to the person under

Sections 280.001(b) and (d).

(b)

Not later than the 30th day after the date the secretary

of state receives a request for an audit under this section, the

secretary must determine whether the information submitted under

Subsection (a) sufficiently explains the irregularity identified

under Section 280.001(a). If the information is insufficient, the

secretary of state shall immediately begin an audit of the

identified irregularity at the expense of the county or other

authority conducting the election.

(c)

The county clerk or other authority conducting the

election shall cooperate with the office of the secretary of state

and may not interfere with or obstruct the audit.

(d)

On conclusion of the audit, the secretary of state shall

provide notice of the findings of the audit to the person who

submitted the request for the audit and the county clerk or other

authority conducting the election.

(e)

The secretary of state may, in the secretary's

discretion, make a determination without conducting an audit that

the evidence submitted under Subsection (a) sufficiently explains

the irregularity identified under Section 280.001(a) or that a

violation of this code has occurred solely on the basis of the

evidence submitted under Subsection (a). The secretary of state

shall send notice of the determination to the person who submitted

the request for the audit and to the county clerk or other authority

conducting the election.

(f)

If, following an audit, the secretary of state

determines that a violation of this code has occurred, the

secretary may order administrative oversight of the county where

the violation occurred under Subchapter A, Chapter 31.

Sec.

280.003.

FINDING OF VIOLATION. (a) In addition to the

notice required under Section 280.002(d), the secretary of state

shall provide special notice to the county clerk or other authority

conducting an election detailing any violation of this code found

by the secretary under Section 280.002.

(b)

If the county clerk or other authority conducting an

election does not remedy a violation detailed in a notice under

Subsection (a) by the 30th day after the date the clerk or other

authority receives the notice, the secretary of state shall assess

a civil penalty of $500 for each violation not remedied and, if

possible, remedy the violation on behalf of the county clerk or

other authority. The remedy provided under this subsection is in

addition to any other remedy available under law for a violation of

this code.

(c)

If the secretary of state is not able to remedy the

violation on behalf of the county clerk or other authority, the

secretary shall assess an additional penalty under Subsection (b)

for each day the county clerk or other authority does not remedy the

violation until the violation is remedied.

(d)

The secretary of state shall maintain a record of county

clerks or other authorities that conduct elections who have been

assessed a civil penalty under Subsection (b). The secretary of

state shall publish the record on the secretary of state's Internet

website.

(e)

The attorney general may bring an action under this

section to recover a civil penalty that has not been paid.

(f)

A civil penalty collected under this section shall be

deposited in the state treasury to the credit of the general revenue

fund.

SECTION 7. A person may make a request under Section

280.001, Election Code, as added by this Act, only for an election

held on or after the effective date of this Act.

SECTION 8. This Act takes effect September 1, 2025.