By: Bettencourt  S.B. No. 1933
         (In the Senate - Filed March 8, 2023; March 20, 2023, read
  first time and referred to Committee on State Affairs;
  April 6, 2023, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 8, Nays 2; April 6, 2023,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1933 By:  Hughes
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to certain oversight procedures of the state over county
  elections.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 31, Election Code, is
  amended by adding Sections 31.017, 31.018, 31.019, 31.020, 31.021,
  31.022, and 31.023 to read as follows:
         Sec. 31.017.  IMPLEMENTATION OF ADMINISTRATIVE OVERSIGHT OF
  COUNTY ELECTION. The secretary of state's office may order
  administrative oversight of a county office administering
  elections or voter registration in the county if:
               (1)  an administrative election complaint is filed with
  the secretary of state; and
               (2)  the secretary of state has good cause to believe
  that a recurring pattern of problems with election administration
  or voter registration exists in the county, including any:
                     (A)  malfunction of voting system equipment;
                     (B)  unfair distribution of election supplies;
                     (C)  errors in tabulation of results;
                     (D)  delays in reporting election returns;
                     (E)  discovery of voted ballots after the polls
  close; and
                     (F)  failure to conduct maintenance activities on
  the lists of registered voters as required under this code.
         Sec. 31.018.  NOTICE OF IMPLEMENTATION OF ADMINISTRATIVE
  OVERSIGHT. (a) If the secretary of state determines
  administrative oversight is necessary under Section 31.017, the
  secretary shall provide written notice to the county judge and the
  county election official with authority over election
  administration or voter registration in the county of:
               (1)  the decision by the secretary to require
  administrative oversight of the election administration or voter
  registration activities in the county; and
               (2)  the designated period during which the oversight
  will take place.
         (b)  The administrative oversight authority under this
  subchapter must continue until at least December 31 of the first
  even-numbered year following the year in which the secretary
  provides notice under Subsection (a).
         Sec. 31.019.  ADMINISTRATIVE OVERSIGHT ACTIVITIES. (a) The
  authority of administrative oversight over a county granted to the
  secretary of state under this subchapter must:
               (1)  require the approval and review of any policies or
  procedures adopted by the county election office subject to the
  oversight by the secretary of state; and
               (2)  authorize all appropriate personnel in the
  secretary of state's office to conduct in-person observations of
  the county election office's activities, including any activities
  related to voter registration, election preparation, early voting,
  election day, and post-election day procedures.
         (b)  The county election office subject to the
  administrative oversight shall provide sufficient access to the
  appropriate personnel in the secretary of state's office to perform
  their duties under Subsection (a).
         Sec. 31.020.  QUARTERLY REPORT ON OVERSIGHT ACTIVITIES. (a)
  Once each quarter during the period designated by the secretary of
  state for administrative oversight under Section 31.018, the
  secretary of state shall submit a report regarding the activities
  of the administrative oversight personnel to the county election
  official with authority over election administration or voter
  registration in the county, the county judge, the county attorney,
  and the chairs of political parties holding primary elections in
  the county.
         (b)  The secretary of state shall deliver the report required
  by Subsection (a) in person to the county election commission or the
  county commissioners court if requested by the commissioners court.
         Sec. 31.021.  TERMINATION OR EXTENSION OF OVERSIGHT. (a) At
  the conclusion of the period designated by the secretary of state
  for administrative oversight under Section 31.018, the secretary of
  state shall issue a report to the county commissioners court
  regarding:
               (1)  any remediation actions taken by the secretary of
  state during the designated period; and
               (2)  the secretary's recommendation on whether further
  administrative oversight of the county is necessary to ensure
  proper election administration and voter registration in the
  county.
         (b)  If the secretary of state determines that additional
  oversight of the county is necessary, the report submitted under
  Subsection (a) must include a detailed plan for the additional
  oversight activities.
         (c)  If the secretary of state determines that no additional
  oversight of the county is necessary, the secretary shall issue an
  order terminating the administrative oversight of the county under
  this subchapter.
         Sec. 31.022.  APPOINTMENT OF CONSERVATOR. (a) The
  secretary of state shall appoint a conservator to oversee elections
  in the county if at the conclusion of the period designated by the
  secretary for administrative oversight under Section 31.018, the
  secretary determines that:
               (1)  the recurring pattern of problems with election
  administration or voter registration, as described under Section
  31.017(2), have not been properly remediated or continue to impede
  the free exercise of a citizen's voting rights in the county; and
               (2)  an extension of administrative oversight under
  Section 31.021(b) will not properly remediate the problems.
         (b)  If the county for which a conservator is appointed under
  Subsection (a) has an appointed elections administrator under
  Section 31.032, the secretary of state may provide a written
  recommendation to the county election commission for the suspension
  or termination of the elections administrator.
         (c)  Notwithstanding any other provision of this subchapter,
  the secretary of state may immediately appoint a conservator to
  oversee elections in a county, regardless of whether administrative
  oversight of the county has been previously conducted under this
  subchapter, if the secretary has good cause to determine that:
               (1)  a recurring pattern of problems with election
  administration or voter registration, as described under Section
  31.017(2), exists and substantially impedes the free exercise of a
  citizen's voting rights within the preceding two years; and
               (2)  the immediate appointment of a conservator is
  necessary to properly remediate the problems.
         (d)  If a conservator is immediately appointed under
  Subsection (c), the secretary of state may simultaneously authorize
  the administrative oversight of the county to be conducted in the
  manner provided by this subchapter.
         (e)  A conservator appointed under this section serves until
  the first uniform election date after the secretary of state
  determines that the recurring pattern of problems with election
  administration or voter registration, as described under Section
  31.017(2), is rectified.
         Sec. 31.023.  RULES. The secretary of state may adopt rules
  necessary to implement the administrative oversight of a county as
  provided under this subchapter.
         SECTION 2.  Section 127.351, Election Code, is amended by
  amending Subsections (a) and (d) and adding Subsections (e) and (f)
  to read as follows:
         (a)  Immediately after the uniform election date in November
  of an even-numbered year, the secretary of state shall conduct an
  audit of the elections held on the uniform election date in four
  counties during the previous two years.
         (d)  If the secretary of state completes the audit of a
  county under Subsection (b)(1) before the end of a two-year period,
  the secretary may randomly select another county with a total
  population of less than 300,000 to be audited.
         (e)  If not later than July 31 of the first odd-numbered year
  following the commencement of an audit under this section, the
  audit findings demonstrate to the secretary of state that a
  recurring pattern of problems with election administration or voter
  registration, as described under Section 31.017(2), exists in an
  audited county and the problems impede the free exercise of a
  citizen's voting rights, the secretary:
               (1)  shall:
                     (A)  publicly release the preliminary findings of
  the audit; and
                     (B)  recommend the county for administrative
  oversight under Subchapter A, Chapter 31; and
               (2)  may conduct an audit of other elections held in the
  county in the previous two years, as determined necessary by the
  secretary.
         (f)  The secretary of state shall adopt rules as necessary to
  implement this section.
         SECTION 3.  This Act takes effect September 1, 2023.
 
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