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A BILL TO BE ENTITLED
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AN ACT
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relating to certain oversight procedures of the state over county |
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elections. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 31, Election Code, is |
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amended by adding Sections 31.017, 31.018, 31.019, 31.020, 31.021, |
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31.022, and 31.023 to read as follows: |
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Sec. 31.017. IMPLEMENTATION OF ADMINISTRATIVE OVERSIGHT OF |
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COUNTY ELECTION. The secretary of state's office may order |
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administrative oversight of a county office administering |
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elections or voter registration in the county if: |
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(1) an administrative election complaint is filed with |
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the secretary of state; and |
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(2) the secretary of state has good cause to believe |
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that a recurring pattern of problems with election administration |
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or voter registration exists in the county, including any: |
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(A) malfunction of voting system equipment; |
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(B) unfair distribution of election supplies; |
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(C) errors in tabulation of results; |
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(D) delays in reporting election returns; |
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(E) discovery of voted ballots after the polls |
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close; and |
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(F) failure to conduct maintenance activities on |
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the lists of registered voters as required under this code. |
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Sec. 31.018. NOTICE OF IMPLEMENTATION OF ADMINISTRATIVE |
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OVERSIGHT. (a) If the secretary of state determines |
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administrative oversight is necessary under Section 31.017, the |
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secretary shall provide written notice to the county judge and the |
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county election official with authority over election |
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administration or voter registration in the county of: |
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(1) the decision by the secretary to require |
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administrative oversight of the election administration or voter |
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registration activities in the county; and |
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(2) the designated period during which the oversight |
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will take place. |
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(b) The administrative oversight authority under this |
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subchapter must continue until at least December 31 of the first |
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even-numbered year following the year in which the secretary |
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provides notice under Subsection (a). |
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Sec. 31.019. ADMINISTRATIVE OVERSIGHT ACTIVITIES. (a) The |
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authority of administrative oversight over a county granted to the |
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secretary of state under this subchapter must: |
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(1) require the approval and review of any policies or |
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procedures adopted by the county election office subject to the |
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oversight by the secretary of state; and |
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(2) authorize all appropriate personnel in the |
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secretary of state's office to conduct in-person observations of |
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the county election office's activities, including any activities |
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related to voter registration, election preparation, early voting, |
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election day, and post-election day procedures. |
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(b) The county election office subject to the |
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administrative oversight shall provide sufficient access to the |
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appropriate personnel in the secretary of state's office to perform |
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their duties under Subsection (a). |
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Sec. 31.020. QUARTERLY REPORT ON OVERSIGHT ACTIVITIES. (a) |
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Once each quarter during the period designated by the secretary of |
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state for administrative oversight under Section 31.018, the |
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secretary of state shall submit a report regarding the activities |
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of the administrative oversight personnel to the county election |
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official with authority over election administration or voter |
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registration in the county, the county judge, the county attorney, |
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and the chairs of political parties holding primary elections in |
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the county. |
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(b) The secretary of state shall deliver the report required |
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by Subsection (a) in person to the county election commission or the |
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county commissioners court if requested by the commissioners court. |
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Sec. 31.021. TERMINATION OR EXTENSION OF OVERSIGHT. (a) At |
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the conclusion of the period designated by the secretary of state |
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for administrative oversight under Section 31.018, the secretary of |
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state shall issue a report to the county commissioners court |
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regarding: |
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(1) any remediation actions taken by the secretary of |
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state during the designated period; and |
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(2) the secretary's recommendation on whether further |
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administrative oversight of the county is necessary to ensure |
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proper election administration and voter registration in the |
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county. |
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(b) If the secretary of state determines that additional |
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oversight of the county is necessary, the report submitted under |
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Subsection (a) must include a detailed plan for the additional |
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oversight activities. |
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(c) If the secretary of state determines that no additional |
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oversight of the county is necessary, the secretary shall issue an |
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order terminating the administrative oversight of the county under |
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this subchapter. |
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Sec. 31.022. APPOINTMENT OF CONSERVATOR. (a) The |
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secretary of state shall appoint a conservator to oversee elections |
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in the county if at the conclusion of the period designated by the |
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secretary for administrative oversight under Section 31.018, the |
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secretary determines that: |
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(1) the recurring pattern of problems with election |
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administration or voter registration, as described under Section |
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31.017(2), have not been properly remediated or continue to impede |
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the free exercise of a citizen's voting rights in the county; and |
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(2) an extension of administrative oversight under |
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Section 31.021(b) will not properly remediate the problems. |
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(b) If the county for which a conservator is appointed under |
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Subsection (a) has an appointed elections administrator under |
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Section 31.032, the secretary of state may provide a written |
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recommendation to the county election commission for the suspension |
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or termination of the elections administrator. |
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(c) Notwithstanding any other provision of this subchapter, |
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the secretary of state may immediately appoint a conservator to |
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oversee elections in a county, regardless of whether administrative |
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oversight of the county has been previously conducted under this |
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subchapter, if the secretary has good cause to determine that: |
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(1) a recurring pattern of problems with election |
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administration or voter registration, as described under Section |
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31.017(2), exists and substantially impedes the free exercise of a |
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citizen's voting rights within the preceding two years; and |
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(2) the immediate appointment of a conservator is |
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necessary to properly remediate the problems. |
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(d) If a conservator is immediately appointed under |
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Subsection (c), the secretary of state may simultaneously authorize |
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the administrative oversight of the county to be conducted in the |
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manner provided by this subchapter. |
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(e) A conservator appointed under this section serves until |
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the first uniform election date after the secretary of state |
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determines that the recurring pattern of problems with election |
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administration or voter registration, as described under Section |
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31.017(2), is rectified. |
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Sec. 31.023. RULES. The secretary of state may adopt rules |
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necessary to implement the administrative oversight of a county as |
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provided under this subchapter. |
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SECTION 2. Section 127.351, Election Code, is amended by |
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amending Subsections (a) and (d) and adding Subsections (e) and (f) |
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to read as follows: |
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(a) Immediately after the uniform election date in November |
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of an even-numbered year, the secretary of state shall conduct an |
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audit of the elections held on the uniform election date in four |
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counties during the previous two years. |
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(d) If the secretary of state completes the audit of a |
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county under Subsection (b)(1) before the end of a two-year period, |
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the secretary may randomly select another county with a total |
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population of less than 300,000 to be audited. |
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(e) If not later than July 31 of the first odd-numbered year |
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following the commencement of an audit under this section, the |
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audit findings demonstrate to the secretary of state that a |
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recurring pattern of problems with election administration or voter |
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registration, as described under Section 31.017(2), exists in an |
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audited county and the problems impede the free exercise of a |
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citizen's voting rights, the secretary: |
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(1) shall: |
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(A) publicly release the preliminary findings of |
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the audit; and |
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(B) recommend the county for administrative |
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oversight under Subchapter A, Chapter 31; and |
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(2) may conduct an audit of other elections held in the |
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county in the previous two years, as determined necessary by the |
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secretary. |
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(f) The secretary of state shall adopt rules as necessary to |
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implement this section. |
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SECTION 3. This Act takes effect September 1, 2023. |