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A BILL TO BE ENTITLED
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AN ACT
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relating to processes to address election irregularities; |
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providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 16, Election Code, is amended by adding |
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Chapters 280 and 281 to read as follows: |
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CHAPTER 280. REQUEST TO ADDRESS ELECTION IRREGULARITY |
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Sec. 280.001. REQUEST FOR EXPLANATION. (a) A person |
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described by Subsection (f) may issue a written request to the |
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county clerk for an explanation and supporting documentation for: |
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(1) an action taken by an election officer that |
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appears to violate this code; |
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(2) irregularities in precinct results; or |
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(3) inadequacy or irregularity of documentation |
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required to be maintained under this code. |
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(b) Not later than the 20th day after the date a request is |
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received under Subsection (a), a county clerk shall provide the |
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requested explanation and any supporting documentation. |
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(c) A requestor who is not satisfied with the explanation |
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and supporting documentation provided under Subsection (b) may |
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issue a request for further explanation and supporting |
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documentation to the county clerk. |
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(d) Not later than the 10th day after the date a request is |
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received under Subsection (c), the county clerk shall provide the |
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requested explanation and any supporting documentation. |
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(e) A requestor who is not satisfied with the explanation |
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and supporting documentation provided under Subsection (d) may |
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issue a request to the secretary of state for an audit of the issue |
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described by Subsection (a), as provided by Section 280.002. |
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(f) A person may make a request under this section if the |
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person participated in the relevant election as: |
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(1) a candidate; |
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(2) a county chair of a political party; |
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(3) a presiding judge; |
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(4) an alternate presiding judge; or |
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(5) the head of a specific-purpose political committee |
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that supports or opposes a ballot measure. |
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Sec. 280.002. AUDIT BY SECRETARY OF STATE. (a) A person to |
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whom Section 280.001(e) applies may submit a request for an audit to |
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the secretary of state for investigation. A request for an audit |
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must include copies of: |
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(1) the requests made by the person to the person's |
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county clerk under Sections 280.001(a) and (c); |
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(2) the explanations provided by the county clerk to |
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the person under Sections 280.001(b) and (d); and |
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(3) any supporting documentation provided by the |
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county clerk to the person under Sections 280.001(b) and (d). |
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(b) Not later than the 30th day after the date the secretary |
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of state receives a request for an audit under this section, the |
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secretary must determine whether the information submitted under |
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Subsection (a) sufficiently explains the irregularity identified |
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under Section 280.001(a). If the information is insufficient, the |
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secretary shall immediately begin an audit of the identified |
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irregularity at the expense of the county. |
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(c) The county clerk shall cooperate with the office of the |
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secretary of state and may not interfere with or obstruct the audit. |
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(d) On conclusion of the audit, the secretary of state shall |
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provide notice of the findings of the audit to the person who |
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submitted the request for the audit and the county clerk. |
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Sec. 280.003. FINDING OF VIOLATION. (a) In addition to |
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the notice required under Section 280.002(d), the secretary of |
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state shall provide special notice to a county clerk detailing any |
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violation of this code found during the conduct of an audit under |
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Section 280.002. |
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(b) If the county clerk does not remedy a violation detailed |
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in a notice under Subsection (a) by the 30th day after the date the |
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clerk receives the notice, the secretary of state shall assess a |
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civil penalty of $500 for each violation not remedied and, if |
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possible, remedy the violation on behalf of the county clerk. The |
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remedy provided under this subsection is in addition to any other |
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remedy available under law for a violation of this code. |
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(c) If the secretary of state is not able to remedy the |
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violation on behalf of the county clerk, the secretary shall assess |
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an additional penalty under Subsection (b) for each day the county |
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clerk does not remedy the violation until the violation is |
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remedied. |
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(d) The secretary of state shall maintain a record of county |
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clerks who have been assessed a civil penalty under Subsection (b). |
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The secretary of state shall publish the record on the secretary of |
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state's Internet website. |
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(e) The attorney general may bring an action under this |
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section to recover a civil penalty that has not been paid. |
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(f) A civil penalty collected under this section shall be |
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deposited in the state treasury to the credit of the general revenue |
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fund. |
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CHAPTER 281. REVIEW OF 2020 GENERAL ELECTION RESULTS |
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Sec. 281.001. REVIEW OF RESULTS OF 2020 GENERAL ELECTION |
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FOR STATE AND COUNTY OFFICERS. (a) In this section, "committee" |
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means an election review advisory committee. |
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(b) A state or county chair of a political party that made |
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nominations by primary election for the last general election for |
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state and county officers may request a review of the results of the |
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2020 general election for state and county officers by submitting a |
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written request to a county clerk. A county chair may only request |
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a review from the county clerk of the county served by the party |
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chair. |
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(c) A county clerk that receives a request under this |
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section shall appoint an election review advisory committee to |
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conduct a review under this chapter. The county clerk shall |
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supervise the committee. |
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(d) The county clerk shall appoint members of the committee |
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from lists of names of persons eligible for appointment submitted |
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to the county clerk by the party chair of each political party that |
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made nominations by primary election for the last general election |
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for state and county officers. The county clerk shall appoint an |
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equal number of members from each list. |
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(e) The committee members must be qualified voters of the |
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county. |
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(f) A review under this section shall include: |
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(1) all ballots voted by mail and on election day from |
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a number of randomly selected precincts in the county that |
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includes: |
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(A) not fewer than three precincts; and |
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(B) not more than 20 percent of the total number |
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of precincts in the county; and |
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(2) the greater of 1,000 voted ballots or 10 percent of |
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all ballots voted at an early voting location from a number of |
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locations equal to: |
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(A) not fewer than three randomly selected early |
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voting locations; or |
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(B) if the county has fewer than three early |
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voting locations, all early voting locations in the county. |
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(g) A review under this section shall be limited to not more |
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than five contested races or ballot measures. If there are more |
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than five contested races or ballot measures identified in the |
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request under Subsection (b), the county clerk shall randomly |
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select five races or measures for review. At least one of the |
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contested races must be a race for: |
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(1) electors for president and vice president of the |
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United States; |
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(2) a federal office; |
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(3) a statewide office; |
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(4) state senator; or |
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(5) state representative. |
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(h) The committee shall begin the review not later than the |
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20th day after the date the county clerk receives the request under |
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Subsection (b). The committee shall have access to ballots in the |
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custody of the county clerk for the purpose of review under |
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Subsection (f). |
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(i) Before the committee begins the review, the secretary of |
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state shall determine an acceptable margin of error appropriate for |
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the county based on mathematical and statistical analyses |
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appropriate to the voting system used by the county. |
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(j) If, for any contested race or ballot measure in the |
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review, the results of the review differ from canvassed results |
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from the 2020 general election for state and county officers by an |
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amount outside the margin of error determined under Subsection (i) |
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for the county, the committee shall conduct another review. A |
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review under this subsection shall be conducted in the same manner |
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as the initial review, except that the committee shall randomly |
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select different precincts for review. |
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(k) If, for any contested race or ballot measure in the |
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review under Subsection (j), the results of the review differ from |
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canvassed results from the 2020 general election for state and |
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county officers by an amount outside the margin of error determined |
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under Subsection (i) for the county, the committee shall conduct a |
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final review. A review under this subsection shall be conducted in |
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the same manner as the initial review, except that: |
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(1) for a contested race under Subsections (g)(1) |
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through (3), the review shall include the entire county; and |
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(2) for any other contested race, the review shall |
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include the entire district. |
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(l) The committee shall provide the full results of the |
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review to: |
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(1) the county clerk; |
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(2) the secretary of state; and |
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(3) the county chair of each political party in the |
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county. |
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(m) The secretary of state shall issue a notice of the |
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results of the review to: |
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(1) the governor; |
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(2) the lieutenant governor; |
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(3) the speaker of the house of representatives; and |
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(4) each member of the legislature. |
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(n) The notice under Subsection (m) must include an |
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indication whether the result of the review: |
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(1) confirmed the final canvass of the 2020 general |
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election for state and county officers; |
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(2) differed from the final canvass of the 2020 |
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general election for state and county officers, but by an amount |
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within the margin of error identified under Subsection (i); or |
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(3) differed from the final canvass of the 2020 |
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general election for state and county officers by an amount outside |
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the margin of error identified under Subsection (i). |
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(o) If the notice under Subsection (m) indicates a |
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difference greater than the margin of error under Subsection (i), |
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the secretary of state shall prepare a report to accompany the |
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notice. The report must include: |
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(1) an analysis of the difference from the results of |
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the final canvass of the 2020 general election for state and county |
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officers; |
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(2) the likely causes of the difference from the |
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results of the final canvass of the 2020 general election for state |
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and county officers; and |
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(3) recommended measures to avoid similar differences |
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in future elections. |
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(p) A notice under Subsection (m) and any accompanying |
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report shall be posted on: |
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(1) the secretary of state's Internet website; and |
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(2) the county's Internet website, if the county |
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maintains an Internet website. |
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(q) This chapter expires on September 1, 2024. |
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SECTION 2. A person may make a request under Section |
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280.001, Election Code, as added by this Act, only for an election |
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held on or after the effective date of this Act. |
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SECTION 3. This Act takes effect on the 91st day after the |
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last day of the legislative session. |
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* * * * * |