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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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Chapter 280 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 or other authority conducting an election for an |
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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 results in a precinct or at a |
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polling place or early voting polling place; |
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(3) inadequacy or irregularity of documentation |
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required to be maintained under this code; or |
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(4) discrepancies in the results of a reconciliation |
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of ballots between the number of voters and the number of votes |
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cast. |
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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), the county clerk or other authority |
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shall provide the requested explanation and any supporting |
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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 or other authority. |
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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 or other authority |
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shall provide the requested explanation and any supporting |
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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 or state 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 county clerk |
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or other authority conducting the election under Sections |
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280.001(a) and (c); and |
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(2) the explanations and any supporting documentation |
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provided by the county clerk or other authority to the person under |
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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 of state shall immediately begin an audit of the |
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identified irregularity at the expense of the county or other |
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authority conducting the election. |
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(c) The county clerk or other authority conducting the |
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election shall cooperate with the office of the secretary of state |
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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 or other |
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authority conducting the election. |
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(e) The secretary of state may, in the secretary's |
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discretion, make a determination that a violation of this code has |
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occurred solely on the basis of evidence submitted under Subsection |
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(a) without conducting an audit. The secretary of state shall send |
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notice of the determination to the person who submitted the request |
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for the audit and to the county clerk or other authority conducting |
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the election. |
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(f) If, following an audit, the secretary of state |
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determines that a violation of this code has occurred, the |
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secretary may appoint a conservator to oversee elections in the |
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county where the violation occurred. The conservator shall serve |
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for two federal election cycles. |
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(g) A county for which a conservator is appointed under |
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Subsection (f) shall pay the costs of providing the conservator, |
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including the salary and benefits of the conservator. |
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Sec. 280.003. FINDING OF VIOLATION. (a) In addition to the |
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notice required under Section 280.002(d), the secretary of state |
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shall provide special notice to the county clerk or other authority |
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conducting an election detailing any violation of this code found |
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by the secretary under Section 280.002. |
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(b) If the county clerk or other authority conducting an |
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election does not remedy a violation detailed in a notice under |
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Subsection (a) by the 30th day after the date the clerk or other |
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authority receives the notice, the secretary of state shall assess |
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a 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 or |
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other authority. The remedy provided under this subsection is in |
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addition to any other remedy available under law for a violation of |
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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 or other authority, the |
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secretary shall assess an additional penalty under Subsection (b) |
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for each day the county clerk or other authority does not remedy the |
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violation until the violation is remedied. |
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(d) The secretary of state shall maintain a record of county |
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clerks or other authorities that conduct elections who have been |
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assessed a civil penalty under Subsection (b). The secretary of |
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state shall publish the record on the secretary of state's Internet |
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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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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 September 1, 2023. |