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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement by the secretary of state of certain |
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voter roll maintenance provisions; 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. Subchapter A, Chapter 31, Election Code, is |
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amended by adding Section 31.017 to read as follows: |
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Sec. 31.017. ENFORCEMENT OF VOTER ROLL MAINTENANCE |
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PROVISIONS. (a) The secretary of state shall monitor each voter |
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registrar for compliance with the following provisions and with any |
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rules implementing the following provisions: |
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(1) Subchapter D, Chapter 15; |
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(2) Subchapters A and B, Chapter 16; and |
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(3) Subchapter C, Chapter 18. |
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(b) If the secretary of state determines that a voter |
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registrar has failed to comply with a requirement imposed on the |
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clerk or registrar by a provision listed in Subsection (a), the |
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secretary of state shall: |
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(1) for the first violation, require the registrar to |
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attend a training course developed under Subsection (e); |
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(2) for the second violation, audit the voter |
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registration list for the county in which the registrar serves to |
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determine the actions needed to achieve compliance with state law |
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and rules adopted by the secretary of state; or |
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(3) for a third or subsequent violation, if the |
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secretary of state determines that a voter registrar has not |
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performed any overt actions in pursuance of compliance with the |
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provisions identified under Subsection (b)(2) within 14 days, the |
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secretary of state shall: |
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(A) inform the attorney general that the county |
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which the registrar serves may be subject to a civil penalty under |
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Subsection (c). |
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(c) A county is liable to this state for a civil penalty of |
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$1,000 for each day after the 14th day following the receipt from |
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the Secretary of State of specific actions needed as identified in |
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subsection (2) that the county's voter registrar fails to take |
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overt action to comply with provisions identified under that |
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subsection. The attorney general may bring an action to recover a |
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civil penalty imposed under this section. |
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(d) 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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(e) The secretary of state shall develop and implement a |
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training course for court clerks and registrars on the maintenance |
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of voter rolls required and permitted by law. |
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(f) The secretary of state shall adopt rules and prescribe |
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procedures for the implementation of this section. |
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SECTION 2. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before the |
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effective date of this Act. |
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SECTION 3. Not later than January 1, 2022, the secretary of |
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state shall develop the training course required by Section 31.017, |
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Election Code, as added by this Act. |
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SECTION 4. This Act takes effect on the 91st day after the |
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last day of the legislative session. |