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A BILL TO BE ENTITLED
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AN ACT
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relating to the suspension of a county elections administrator. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.037, Election Code, is amended to |
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read as follows: |
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Sec. 31.037. SUSPENSION OR TERMINATION OF EMPLOYMENT. (a) |
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The employment of the county elections administrator may be |
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suspended, with or without pay, or terminated at any time for good |
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and sufficient cause on the four-fifths vote of the county election |
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commission and approval of that action by a majority vote of the |
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commissioners court. |
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(b) The secretary of state may enter a written order to |
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suspend the employment of a county elections administrator at any |
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time 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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exists in the county served by the administrator, 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; and |
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(E) discovery of voted ballots after the polls |
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close. |
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SECTION 2. Section 31.038, Election Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) Except as provided by Subsection (c), a [A] vacancy in |
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the position of county elections administrator is filled by |
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appointment of the county election commission. |
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(c) A vacancy created by the suspension of a county |
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elections administrator under Section 31.037(b) is filled by |
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appointment of the secretary of state. An elections administrator |
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appointed by the secretary of state under this subsection serves |
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until the secretary determines that the recurring pattern of |
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problems with election administration are rectified. |
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SECTION 3. This Act takes effect September 1, 2023. |