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A BILL TO BE ENTITLED
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AN ACT
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relating to the oversight of and reporting requirements for the |
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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. The |
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employment of the county elections administrator may be suspended, |
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with or without pay, or terminated at any time for good and |
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sufficient cause on the three-fifths [four-fifths] vote of the |
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county election commission and approval of that action by a |
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majority vote of the commissioners court. |
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SECTION 2. Section 31.043, Election Code, is amended to |
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read as follows: |
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Sec. 31.043. DUTIES OF ADMINISTRATOR GENERALLY. (a) The |
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county elections administrator shall perform: |
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(1) the duties and functions of the voter registrar; |
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(2) the duties and functions placed on the county |
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clerk by this code; |
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(3) the duties and functions relating to elections |
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that are placed on the county clerk by statutes outside this code, |
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subject to Section 31.044; and |
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(4) the duties and functions placed on the |
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administrator under Sections 31.044 and 31.045. |
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(b) The county elections administrator is not a member of |
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the county election commission or the county election board. |
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SECTION 3. Subchapter B, Chapter 31, Election Code, is |
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amended by adding Sections 31.0431, 31.0432, 31.0433, 31.0434, and |
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31.0435 to read as follows: |
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Sec. 31.0431. REPORT TO COUNTY ELECTION COMMISSION: VOTE BY |
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MAIL. Not later than the 30th day after the final canvass of an |
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election is completed, the county elections administrator shall |
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provide a report to the county election commission that includes |
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the following information pertaining to voting by mail: |
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(1) the number of applications for a ballot to be voted |
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by mail submitted and the number of applications rejected; |
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(2) the number of official ballots to be voted by mail: |
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(A) provided to an applicant; |
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(B) returned by an applicant; |
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(C) returned undelivered by the United States |
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Postal Service; |
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(D) delivered to the early voting ballot board or |
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signature verification committee; |
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(E) for which the voters were accepted by the |
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early voting ballot board, including accepted voters whose jacket |
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envelopes were empty, contained the wrong ballot, or contained |
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multiple ballots; and |
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(F) for which the voters were rejected by the |
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early voting ballot board; |
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(3) the number of limited ballots to be voted by mail |
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submitted by an applicant; and |
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(4) the number of ballots voted by mail: |
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(A) delivered to the central counting station; |
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(B) duplicated at the central counting station; |
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and |
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(C) tabulated by the central counting station. |
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Sec. 31.0432. REPORT TO COUNTY ELECTION COMMISSION: EARLY |
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VOTING BY PERSONAL APPEARANCE. Not later than the 30th day after the |
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final canvass of an election is completed, the county elections |
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administrator shall provide a report to the county election |
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commission that includes the following information pertaining to |
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each day of early voting by personal appearance: |
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(1) the number of persons accepted to vote using a |
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limited ballot and the number of limited ballots cast; |
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(2) the number of: |
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(A) voters accepted to vote at each polling |
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place, including accepted voters who did not cast a vote; |
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(B) votes cast at each polling place and in each |
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election precinct; |
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(C) voters accepted to vote a provisional ballot; |
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(D) provisional ballot affidavits accepted at |
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each polling place; |
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(E) requests for cancellation of an application |
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for a ballot to be voted by mail received by each polling place; |
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(F) spoiled ballots at each polling place; |
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(G) marked ballots deposited in a location other |
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than a ballot box; |
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(H) polling places where 25 percent or more of |
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the election officers were not available to work at the polling |
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place for more than one hour at a time; |
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(I) polling places where a seal on a ballot box or |
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voting equipment did not match the documentation or was broken; and |
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(J) polling places that were not able to |
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reconcile every voter against the record of votes cast, including |
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the number of polling places where the discrepancy exceeded two |
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votes cast; |
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(3) the allocation of voting equipment and election |
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officials for each polling place; and |
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(4) the number of ballots cast during early voting by |
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personal appearance that were duplicated by the central counting |
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station. |
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Sec. 31.0433. REPORT TO COUNTY ELECTION COMMISSION: |
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ELECTION DAY. Not later than the 30th day after the final canvass of |
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an election is completed, the county elections administrator shall |
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provide a report to the county election commission that includes |
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the following information pertaining to election day: |
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(1) the number of: |
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(A) voters accepted to vote at each polling |
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place, including accepted voters who did not cast a vote; |
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(B) votes cast at each polling place and in each |
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election precinct; |
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(C) voters accepted to vote a provisional ballot; |
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(D) provisional ballot affidavits accepted at |
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each polling place; |
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(E) requests for cancellation of an application |
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for a ballot to be voted by mail received by each polling place; |
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(F) spoiled ballots at each polling place; and |
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(G) marked ballots deposited in a location other |
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than a ballot box; |
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(2) the allocation of voting equipment and election |
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officials for each polling place; |
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(3) the number of polling places on election day that: |
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(A) opened at least 10 minutes late due to the |
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malfunction of voting system equipment or a lack of election |
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supplies; |
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(B) closed for more than 30 minutes during voting |
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hours; |
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(C) had 25 percent or more of the voting machines |
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not functioning for at least 30 minutes during voting hours; |
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(D) had 50 percent or more of the scanning |
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equipment not functioning for at least 30 minutes during voting |
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hours; |
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(E) did not have a sufficient supply of ballots, |
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including from a shortage, having the wrong size paper for the |
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voting system, or any other malfunction limiting a person's ability |
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to vote as authorized under this code; |
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(F) did not print the tape showing each voting |
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machine counter was set to zero prior to opening the polls for |
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voting; |
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(G) failed to properly prepare the precinct |
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returns under Section 65.014; |
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(H) had 25 percent or more of the election |
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officers not available to work at the polling place for more than |
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one hour at a time; |
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(I) had a seal on a ballot box or voting equipment |
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that did not match the documentation or was broken; and |
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(J) were not able to reconcile every voter |
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against the record of votes cast, including the number of polling |
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places where the discrepancy exceeded two votes cast; |
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(4) the number of ballots cast on election day that |
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were duplicated by the central counting station; and |
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(5) the number of times a presiding judge delivered |
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the election returns but did not receive a chain of custody |
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document. |
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Sec. 31.0434. REPORT TO COUNTY ELECTION COMMISSION: |
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ADDITIONAL ELECTION INFORMATION. Not later than the 30th day after |
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the final canvass of an election is completed, the county elections |
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administrator shall provide a report to the county election |
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commission that includes the following information pertaining to an |
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election conducted in the county: |
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(1) the number of suspense voters in the county; |
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(2) the number of statements of residence completed at |
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each polling place; |
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(3) a reconciliation of: |
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(A) every election precinct in the county on the |
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number of registered voters and the number of votes cast; |
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(B) every data storage device assigned to a |
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polling place or to ballots to be voted by mail and its inclusion on |
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audit documentation; and |
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(C) the number of votes on each results tape and |
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the total number of votes cast; and |
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(4) an inventory of election records with container |
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labels, including a list of the contents in each container. |
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Sec. 31.0435. COUNTY ELECTION COMMISSION REVIEW OF REPORTS. |
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(a) The county election commission shall review reports provided by |
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the county elections administrator under Section 31.0431. |
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(b) Not later than the 30th day after receiving the reports, |
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the county election commission shall provide recommendations to the |
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county elections administrator based on the provided reports. |
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(c) During the next countywide election, the county |
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election commission shall monitor the county elections |
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administrator to determine whether the administrator is following |
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the recommendations provided by the commission under Subsection |
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(b). |
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SECTION 4. This Act takes effect September 1, 2023. |