Enrolled Bill Summary

Senate Bill 1933	Senate Author:  Bettencourt et al.
Effective:  9-1-23	House Sponsor:  Oliverson

            Senate Bill 1933, the Alan Vera Election Accountability Act of 2023, amends the Election Code to establish procedures for the secretary of state to have administrative oversight of a Harris County office administering elections or voter registration in the county if all of the following conditions are met:

·        an administrative election complaint is filed with the secretary of state by a person who participated in the relevant election as a candidate, a county chair or state chair of a political party, a presiding judge, an alternate presiding judge, or the head of a specific purpose political committee that supports or opposes a measure;

·        the secretary of state has notified the relevant county election official of the complaint as provided by the bill; and

·        the secretary of state, after conducting an investigation, has good cause to believe that a recurring pattern of problems with election administration or voter registration exists in the county.

·        Among other provisions, the bill sets out procedures for the secretary of state's investigation of the complaint and requires the secretary of state to notify the applicable county election official and the county judge if the secretary makes a determination to implement administrative oversight. The bill specifies that the authority of administrative oversight granted to the secretary of state must include requiring the secretary's approval and review of any county election administration policies or procedures and authorizing all appropriate personnel in the secretary's office to conduct in person observations of the county election office's activities.

Senate Bill 1933 establishes a quarterly reporting requirement for the secretary of state during the oversight period and requires the secretary of state to conduct the administrative oversight until the earlier of December 31 of the even numbered year following the first anniversary of the date the complaint was received or the date on which the secretary determines that the recurring pattern of problems with election administration or voter registration is rectified. The bill authorizes the secretary of state, at the conclusion of administrative oversight, to file a petition for the removal of the applicable county officer if the recurring pattern is not rectified or continues to impede the free exercise of a citizen's voting rights in the county.

            Senate Bill 1933 also revises provisions requiring the secretary of state to conduct an election audit for four randomly selected counties every two years. The bill specifies that the elections to be audited are those held on the uniform election date but authorizes the secretary of state to conduct an audit of other elections held in the county in the previous two years if, not later than July 31 of the first odd numbered year following the commencement of the audit, the audit findings demonstrate that a recurring pattern of problems with election administration or voter registration exists in the county and the problems impede the free exercise of a citizen's voting rights. In such circumstances, the secretary of state must publicly release the preliminary findings of the audit and recommend the county for administrative oversight. Additionally, the bill authorizes the secretary of state, if an audit of a county is completed before the end of the two year period, to randomly select another county with a total population of less than 300,000 to be audited.