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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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registrar by a provision listed in Subsection (a), the secretary of |
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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 and provide the results |
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of the audit to the registrar; or |
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(3) for a third or subsequent violation, if the |
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secretary of state determines that the registrar has not performed |
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any overt actions in pursuance of compliance with the actions |
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identified under Subsection (b)(2) as necessary for the registrar |
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to achieve compliance with state law and rules adopted by the |
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secretary of state within 14 days of receiving the results of the |
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audit conducted under that subsection, inform the attorney general |
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that the county which the registrar serves may be subject to a civil |
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penalty under 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 of the |
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results of the audit conducted under Subsection (b)(2) that the |
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county's voter registrar fails to take overt action to comply with |
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the actions identified under that subsection as necessary for the |
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registrar to achieve compliance with state law and rules adopted by |
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the secretary of state. The attorney general may bring an action to |
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recover a 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 registrars on the maintenance of voter rolls |
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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. 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 3. This Act takes effect on the 91st day after the |
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last day of the legislative session. |