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A BILL TO BE ENTITLED
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AN ACT
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relating to the unlawful altering of election procedures; providing |
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a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 276.019, Election Code, is amended to |
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read as follows: |
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Sec. 276.019. UNLAWFUL ALTERING OF ELECTION PROCEDURES; |
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CIVIL PENALTY. (a) A public official or election official may not |
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create, alter, modify, waive, or suspend any election standard, |
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practice, or procedure mandated by law or rule in a manner not |
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expressly authorized by this code. |
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(b) After the secretary of state receives or discovers |
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information indicating that a public official or election official |
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has violated Subsection (a), the secretary of state shall |
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investigate the standard, practice, or procedure appearing to have |
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violated Subsection (a). If the secretary of state determines that |
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a violation of Subsection (a) has occurred, the secretary of state |
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shall send to the public official or election official determined |
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to have violated that subsection: |
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(1) notification of the secretary of state's |
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determination; |
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(2) a demand that the official immediately cease the |
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implementation or enforcement of the standard, practice, or |
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procedure determined to have violated Subsection (a); and |
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(3) instructions for the specific actions necessary |
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for compliance with Subsection (a). |
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(c) If, more than two days after receiving notification |
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under Subsection (b), a public official or election official does |
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not comply with Subsection (a) as instructed under Subsection |
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(b)(3), the secretary of state shall: |
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(1) notify the attorney general that the official may |
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be subject to a civil penalty under Subsection (d); and |
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(2) forward to the attorney general any documents or |
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information received, discovered, or created during the secretary |
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of state's investigation under Subsection (b). |
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(d) A public official or election official is liable to this |
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state for a civil penalty for each day that the official fails or |
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refuses to take an affirmative action to comply with Subsection (a) |
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in an amount not to exceed: |
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(1) $1,000 per day for each day after the second day |
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and on or before the seventh day after receiving a notice under |
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Subsection (b); or |
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(2) $5,000 per day for each day after the seventh day |
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after receiving a notice under Subsection (b). |
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(e) The attorney general may bring an action to recover a |
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civil penalty imposed under Subsection (d). |
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(f) A civil penalty collected by the attorney general under |
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this section shall be deposited in the state treasury to the credit |
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of the general revenue fund. |
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(g) Documents or information received, discovered, or |
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created during the secretary of state's investigation under |
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Subsection (b) are confidential and not subject to disclosure under |
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Chapter 552, Government Code, unless the secretary of state or |
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attorney general has determined that a complaint submitted to the |
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secretary of state under this section will not be further |
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investigated or the subject of any further proceedings or actions. |
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SECTION 2. This Act takes effect September 1, 2023. |