BILL ANALYSIS
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Senate Research Center |
S.B. 47 |
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87S30357 ADM-D |
By: Bettencourt |
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State Affairs |
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10/1/2021 |
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As Filed |
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Under current law, for most election irregularities, the only way to address the irregularity is through a civil or criminal action. Irregularities might include a failure to use appropriate documentation, a failure to follow Election Code procedures, inconsistent reporting, or a polling location that remains open much later than any other polling locations. Currently, there are limited processes to bring to light and address these issues.
In order to ensure that election irregularities are identified and addressed, there needs to be a process to recognize issues and correct them for future elections. S.B. 47 would provide a vehicle for election judges, candidates, proponents/opponents of a measure, and political party chairs to seek answers regarding observed irregularities. This group would work with county clerks, election administrators, and the Secretary of State to improve the quality of elections and everyone's confidence in elections.
Additionally, in the November 2020 election, there were a significant number of irregularities that occurred yet were not addressed, leaving many with questions about the election process. S.B. 47 would provide a mechanism to perform an audit of the November 2020 election to identify any significant irregularity.
As proposed, S.B. 47 amends current law relating to processes to address election irregularities and provides a civil penalty.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Title 16, Election Code,
by adding Chapters 280 and 281, as follows:����������
CHAPTER
280.� REQUEST TO ADDRESS ELECTION IRREGULARITY���������
Sec. 280.001. REQUEST
FOR EXPLANATION.� (a)� Authorizes a person described by Subsection (f) to issue
a written request to the county clerk or other authority conducting an election
for an explanation and supporting documentation for:����
(1) an action taken by an election officer that appears to violate this code;
(2) irregularities in results in a precinct or at a polling place or early voting polling place; or
(3) inadequacy or irregularity of documentation required to be maintained under this code.
(b) Requires the county clerk or
other authority to, not later than the 20th day after the date a request is
received under Subsection (a), provide the requested explanation and any
supporting documentation.��
(c) Authorizes a requestor who is not satisfied with the explanation
and supporting documentation provided under Subsection (b) to issue a request
for further explanation and supporting documentation to the county clerk or
other authority.
(d) Requires the county clerk or other authority to, not later than
the 10th day after the date a request is received under Subsection (c), provide
the requested explanation and any supporting documentation.��
(e) Authorizes a requestor who is not satisfied with the explanation
and supporting documentation provided under Subsection (d) to issue a request
to the secretary of state (SOS) for an audit of the issue described by
Subsection (a), as provided by Section 280.002.�
(f) Authorizes a person to make a request under this section if the
person participated in the relevant election as:���������
(1) a candidate;����������
(2) a county chair or state chair of a political party;�
(3) a presiding judge;
(4) an alternate presiding judge; or���
(5) the head of a specific-purpose political committee that supports or opposes
a ballot measure.
Sec. 280.002.� AUDIT BY SECRETARY OF STATE.� (a) Authorizes a person
to whom Section 280.001(e) applies to submit a request for an audit to SOS for
investigation.� Requires that a request for an audit include copies of:����������
(1) the requests made by the person to the county clerk or other authority
conducting the election under Sections 280.001(a) and (c); and�����������
(2) the explanations and any supporting documentation provided by
the county clerk or other authority to the person under Sections 280.001(b) and
(d).����
(b) Requires SOS to determine,
not later than the 30th day after the date the secretary receives a request for
an audit under this section,� whether the information submitted under
Subsection (a) sufficiently explains the irregularity identified under Section
280.001(a).� Requires SOS, if the information is insufficient, to immediately
begin an audit of the identified irregularity at the expense of the county or
other authority conducting the election.���������
(c) Requires the county clerk or other authority conducting the
election to cooperate with the office of SOS and prohibits the clerk or other
authority from interfering with or obstructing the audit.����������
(d) Requires SOS, on conclusion of the audit, to provide notice of
the findings of the audit to the person who submitted the request for the audit
and the county clerk or other authority conducting the election.������
(e) Authorizes SOS to, in SOS's discretion, make a determination
that a violation of this code has occurred solely on the basis of evidence
submitted under Subsection (a) without conducting an audit.� Requires SOS to
send notice of the determination to the person who submitted the request for
the audit and to the county clerk or other authority conducting the election.���
Sec. 280.003. FINDING OF
VIOLATION.� (a)� Requires SOS to, in addition to the notice required under
Section 280.002(d), provide special notice to the county clerk or other
authority conducting an election detailing any violation of this code found by
SOS under Section 280.002.����������
(b) Requires SOS to assess a civil
penalty of $500 for each violation not remedied and, if possible, remedy the
violation on behalf of the county clerk or other authority if the county clerk
or other authority conducting an election does not remedy a violation detailed
in a notice under Subsection (a) by the 30th day after the date the clerk or
other authority receives the notice.� Provides that the remedy provided under
this subsection is in addition to any other remedy available under law for a
violation of this code.
(c) Requires SOS, if SOS is not able to remedy the violation on
behalf of the county clerk or other authority, to assess an additional penalty
under Subsection (b) for each day the county clerk or other authority does not
remedy the violation until the violation is remedied.
(d) Requires SOS to maintain a record of county clerks or other
authorities that conduct elections who have been assessed a civil penalty under
Subsection (b).� Requires SOS to publish the record on SOS's Internet website.��������
(e) Authorizes the attorney general to bring an action under this
section to recover a civil penalty that has not been paid.������
(f) Requires that a civil penalty collected under this section be
deposited in the state treasury to the credit of the general revenue fund.���������
CHAPTER 281.� AUDIT OF 2020 GENERAL ELECTION RESULTS
Sec. 281.001. AUDIT OF RESULTS OF 2020 GENERAL ELECTION FOR
STATE AND COUNTY OFFICERS.� (a) Defines "committee" for
this section. �����������
(b) Authorizes a state or county
chair of a political party that made nominations by primary election for the
last general election for state and county officers to request an audit of the
results of the 2020 general election for state and county officers by
submitting a written request to a county clerk.� Authorizes a county chair to
only request an audit from the county clerk of the county served by the county
chair.��������
(c) Requires a county clerk who receives a request under this
section to appoint an election review advisory committee (committee) to conduct
an audit under this chapter.� Requires the county clerk to supervise the
committee.�����
(d) Requires the county clerk to appoint members of the committee
from lists of names of persons eligible for appointment submitted to the county
clerk by the party chair of each political party that made nominations by
primary election for the last general election for state and county officers.�
Requires the county clerk to determine the number of members necessary to
conduct the audit and appoint an equal number of members from each list.�����
(e) Requires that the committee members be qualified voters of the
county.
(f) Requires that an audit under this section include:
(1) all ballots voted by any method in a precinct or polling place
in which the number of ballots cast exceeded the total number of voters
accepted for voting in the precinct or at the polling place; and�����
(2) in addition to any ballots required to be included under
Subdivision (1):
(A) a random selection of
ballots voted by mail, totaling 20 percent of all ballots voted by mail in the
election and including both the original ballot and any duplicate made of the
ballot, and an equivalent number of carrier envelopes and the associated
application for a ballot to be voted by mail;��
(B) a random selection of ballots voted by mail that were rejected,
totaling 20 percent of all ballots voted by mail in the election that were
rejected;���������
(C) ballots voted on election day from randomly selected polling
places in the county, including the greater of three polling places or��������
20 percent of election day polling places in the county; and�������
(D) the greater of 1,000 voted ballots or 10 percent of all ballots
voted at early voting polling places from a number of polling places equal to
the greater of three randomly selected early voting polling places or 20
percent of early voting polling places or, if the county has fewer than
three early voting polling places, all early voting polling places in the
county.�
(g) Requires that an audit under this section be limited to not fewer than three and not more than five contested races or ballot measures.� Requires the county clerk, if there are more than five contested races or ballot measures identified in the request under Subsection (b), to randomly select five races or measures for audit.� Requires that the contested races include at least one of each of the following types of races, regardless of whether the type was identified in the request under Subsection (b):
(1) a federal office;���
(2) a statewide office; and����
(3) a county office.���
(h) Requires the committee to
begin the audit not later than the 20th day after the date the county clerk
receives the request under Subsection (b).� Requires that the committee have
access to precinct election records in the custody of the county clerk for the purpose
of an audit under Subsection (f).������
(i) Requires SOS to determine an acceptable margin of error
appropriate for the county based on mathematical and statistical analyses
appropriate to the voting system used by the county before the committee begins
the audit.��
(j) Requires the committee to observe any random selection made by
the county clerk under this section.���������
(k) Requires the committee to conduct another audit if, for any
contested race or ballot measure in the audit, the results of the audit differ
from canvassed results from the 2020 general election for state and county
officers by an amount outside the margin of error determined under Subsection
(i) for the county.� Requires that an audit under this subsection be conducted
in the same manner as the initial audit.
(l) Requires the committee to conduct a final audit if, for any
contested race or ballot measure in the audit under Subsection (k), the results
of the audit differ from canvassed results from the 2020 general election for
state and county officers by an amount outside the margin of error determined
under Subsection (i) for the county.� Requires that an audit under this
subsection be conducted in the same manner as the initial audit, except that:
(1) for a contested race or ballot measure under Subsection (g),
the audit is required to include the entire county; and����������
(2) for any other contested race, the audit is required to include
the entire district.
(m) Requires the committee to provide the full results of the
audit to the county clerk, SOS, and the county chair of each political party in
the county.
(n) Requires SOS to issue a notice of the results of the audit to
the governor, the lieutenant governor, the speaker of the house of
representatives, and each member of the legislature.
(o) Requires that the notice under Subsection (n) include an indication
whether the result of the audit:����������
(1) confirmed the final canvass
of the 2020 general election for state and county officers;������
(2) differed from the final canvass of the 2020 general election for
state and county officers, but by an amount within the margin of error
determined under Subsection (i) for the county; or������
(3) differed from the final canvass of the 2020 general election for
state and county officers by an amount outside the margin of error determined
under Subsection (i) for the county.�������
(p) Requires SOS to prepare a report to accompany the notice under Subsection (n) if the notice under indicates a difference greater than the margin of error determined under Subsection (i) for the county.� Requires that the report include:
(1) an analysis of the
difference from the results of the final canvass of the 2020 general election
for state and county officers;�����������
(2) the likely causes of the difference from the results of the
final canvass of the 2020 general election for state and county officers; and�����
(3) recommended measures to avoid similar differences in future
elections.�������
(q) Requires that a notice under
Subsection (n) and any accompanying report be posted on SOS's Internet website
and the county's Internet website, if the county maintains an Internet website.
(r) Provides that this chapter expires on September 1, 2024.�����������
SECTION 2. Authorizes a person to make a
request under Section 280.001, Election Code, as added by this Act, only for an
election held on or after the effective date of this Act.����
SECTION 3. Effective date: the 91st day after the last day of
the legislative session.