Relating to the unlawful altering of election procedures; providing a civil penalty.

89(R) SB 618 - House Committee Report version - Bill Text

By: Sparks, et al.

S.B. No. 618

(Leach, et al.)

A BILL TO BE ENTITLED

AN ACT

relating to the unlawful altering of election procedures; providing

a civil penalty.

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

SECTION 1. Section 276.019, Election Code, is amended to

read as follows:

Sec. 276.019. UNLAWFUL ALTERING OF ELECTION PROCEDURES
;

CIVIL PENALTY
.
(a)
A public official or election official may not

create, alter, modify, waive, or suspend any election standard,

practice, or procedure mandated by law or rule in a manner not

expressly authorized by this code.

(b)

After the secretary of state receives a formal complaint

indicating that a public official or election official has violated

Subsection (a), the secretary of state shall promptly investigate

the standard, practice, or procedure appearing to have violated

Subsection (a).

If the secretary of state determines that a

violation of Subsection (a) has occurred, the secretary of state

shall promptly send to the public official or election official

determined to have violated that subsection:

(1)

notification of the secretary of state's

determination;

(2)

a demand that the official immediately cease the

implementation or enforcement of the standard, practice, or

procedure determined to have violated Subsection (a); and

(3)

instructions for the specific actions necessary

for compliance with Subsection (a).

(c)

If, more than two business days after receiving

notification under Subsection (b), a public official or election

official does not comply with Subsection (a) as instructed under

Subsection (b)(3), the secretary of state shall:

(1)

notify the attorney general that the official may

be subject to a civil penalty under Subsection (d); and

(2)

forward to the attorney general any documents or

information received, discovered, or created during the secretary

of state's investigation under Subsection (b).

(d)

A public official or election official is liable to this

state for a civil penalty for each day that the official fails or

refuses to take an affirmative action to comply with Subsection (a)

in an amount not to exceed:

(1)

$1,000 per day for each day after the second day

and on or before the seventh day after receiving a notice under

Subsection (b); or

(2)

$5,000 per day for each day after the seventh day

after receiving a notice under Subsection (b).

(e)

The attorney general may bring an action to recover a

civil penalty imposed under Subsection (d).

(f)

A civil penalty collected by the attorney general under

this section shall be deposited in the state treasury to the credit

of the general revenue fund.

(g)

A repeated violation of Subsection (a) by a public

official or election official of a political subdivision, other

than an elected official, is grounds for removal of the official by

the appointing political subdivision.

(h)

Except as provided by Subsection (i), the secretary of

state shall produce and post on the secretary of state's publicly

accessible Internet website a monthly report containing

information on each reported violation of Subsection (a).

The

report shall only include:

(1)

the county where the violation allegedly took

place;

(2)

the specific election standard, practice, or

procedure mandated by law or rule alleged to have been created,

altered, modified, waived, or suspended in a manner not expressly

authorized by this code;

(3) the date or dates of the alleged violation; and

(4)

the resolution of the secretary of state's

investigation, including the resolution of any further proceedings

or actions.

(h-1)

The secretary of state shall update the information

required under Subsection (h)(4) as necessary.

(i)

Documents or information received, discovered, or

created during the secretary of state's investigation under

Subsection (b) are confidential and not subject to disclosure under

Chapter 552, Government Code, unless the secretary of state or

attorney general has determined that a formal complaint submitted

to the secretary of state under this section does not rise to the

level of criminal conduct, or will not be further investigated or

the subject of any further proceedings or actions.

(j)

A public official, election official, or registered

voter reporting an alleged violation of Subsection (a) by the

secretary of state or any personnel working in the secretary of

state's elections division shall send a formal complaint containing

the details of the alleged violation to the secretary of state.

The

complaint must:

(1) include the nature of the alleged violation; and

(2)

demand that the secretary of state cease all acts

or omissions that constitute the alleged violation and take

whatever action necessary to correct the violation.

(j-1)

The secretary of state shall include information on

each formal complaint received under Subsection (j) in the manner

provided by Subsection (h).

(j-2)

The secretary of state shall promptly notify the

complainant in writing of all corrective action taken in response

to the alleged violation of Subsection (a) or a clear explanation to

the complainant on the secretary of state's compliance with

Subsection (a).

SECTION 2. This Act takes effect September 1, 2025.