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A BILL TO BE ENTITLED
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AN ACT
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relating to unlawful altering of election procedures. |
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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: (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) If, after receiving or discovering information |
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indicating that a public official or election official has violated |
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this section, the Secretary of State shall order that person to |
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correct the offending conduct through written notice that includes |
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a description of the violation and an explanation of the action |
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necessary for compliance and of the consequences of noncompliance. |
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(c) If a person described by Subsection (b) fails to comply |
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with an order from the Secretary of State under this section within |
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the second day following, the Secretary of State shall: |
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1. Inform the Attorney General that the official may be |
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subject to a civil penalty under subsection (d); and |
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2. deliver to the Attorney General all pertinent documents |
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and information in the secretary's possession. |
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3. The documents and information submitted under Subsection |
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(c) are not considered public information until: |
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A. the Secretary of State makes a determination that |
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the information received does not warrant an investigation; or |
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B. if referred to the Attorney General, the Attorney |
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General has completed the investigation or has made a determination |
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that the information referred does not warrant an investigation. |
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(d) A person is liable to this state for a civil penalty of |
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$1,000 for each day after the second day following the receipt of |
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the written notice that the public official or election official |
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fails to take affirmative action to comply with the corrective |
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actions identified by the Secretary of State. The Attorney General |
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may bring an action to recover a civil penalty imposed under this |
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section. |
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1. The civil penalty referenced in Subsection(d) shall |
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increase to $5,000 for each day following the 7th day |
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that the public official or election official fails to |
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take affirmative action to comply with the corrective |
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actions identified by the Secretary of State. |
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(e) The attorney general may bring an action to recover a |
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civil penalty imposed under this section. |
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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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SECTION 2. This Act takes effect September 1, 2023. |