| |
|
|
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. |
|
|
|
|
|
* * * * * |