89R32172 MLH-D

By: Bettencourt, et al. S.B. No. 505

(Swanson)

Substitute the following for S.B. No. 505: No.

A BILL TO BE ENTITLED

AN ACT

relating to processes to address election irregularities; providing a civil penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 31.017, Election Code, is amended to read as follows:

Sec. 31.017. IMPLEMENTATION OF ADMINISTRATIVE OVERSIGHT OF COUNTY ELECTION. (a) The [In a county with a population of more than 4 million, the] secretary of state's office may order administrative oversight of a county office administering elections or voter registration in the county:

(1) under Section 280.002; or

(2) if, in a county with a population of more than 4 million:

(A) [(1)] an administrative election complaint is filed with the secretary of state by a person who participated in the relevant election as:

(i) [(A)] a candidate;

(ii) [(B)] a county chair or state chair of a political party;

(iii) [(C)] a presiding judge;

(iv) [(D)] an alternate presiding judge; or

(v) [(E)] the head of a specific-purpose political committee that supports or opposes a measure;

(B) [(2)] the secretary of state has provided notice to the county election official with authority over election administration or voter registration under Section 31.018; and

(C) [(3)] the secretary of state, after conducting an investigation under Section 31.019, has good cause to believe that a recurring pattern of problems with election administration or voter registration exists in the county, including any recurring:

(i) [(A)] malfunction of voting system equipment that prevents a voter from casting a vote;

(ii) [(B)] carelessness or official misconduct in the distribution of election supplies;

(iii) [(C)] errors in the tabulation of results that would have affected the outcome of an election;

(iv) [(D)] violations of Section 66.053;

(v) [(E)] discovery of properly executed voted ballots after the canvass of an election that were not counted; or

(vi) [(F)] failure to conduct maintenance activities on the lists of registered voters as required under this code.

(b) The secretary of state shall make a determination on whether to implement administrative oversight under Subsection (a) not later than the 30th day after the earliest of:

(1) the day a response by the county election official with authority over election administration or voter registration is received by the secretary of state under Section 31.018;

(2) the last day the county election official with authority over election administration or voter registration could provide a response to the secretary of state under Section 31.018; [or]

(3) the day the report on the findings of an investigation is provided to the county election official with authority over election administration or voter registration under Section 31.019; or

(4) the conclusion of an audit under Section 280.002.

SECTION 2. Sections 31.018(a) and (c), Election Code, are amended to read as follows:

(a) In a county with a population of more than 4 million and not later than the 30th day after receiving an administrative election complaint under Section 31.017(a)(2)(A) [31.017(a)(1)], the secretary of state shall provide notice of the complaint to the applicable county election official with authority over election administration or voter registration, including the specific allegations against the election official in the complaint.

(c) If the administrative election complaint filed under Section 31.017(a)(2)(A) [31.017(a)(1)] concerns an election for which voting by personal appearance has begun and the final canvass has not been completed, the county election official with authority over election administration or voter registration must provide a response under Subsection (b) not later than 72 hours after receiving notice of the complaint under Subsection (a).

SECTION 3. Sections 31.019(a) and (c), Election Code, are amended to read as follows:

(a) In a county with a population of more than 4 million, the secretary of state may direct personnel in the secretary of state's office to conduct an investigation on an administrative election complaint received under Section 31.017(a)(2)(A) [31.017(a)(1)] and must consider any response or supporting documentation provided by the county election official with authority over election administration or voter registration under Section 31.018, if applicable.

(c) After completing an investigation under this section, the secretary of state must provide a report on the findings of the investigation to:

(1) the county election official with authority over election administration or voter registration; and

(2) the individual who filed the administrative election complaint under Section 31.017(a)(2)(A) [31.017(a)(1)].

SECTION 4. Sections 31.020(a) and (f), Election Code, are amended to read as follows:

(a) If the secretary of state implements administrative oversight under Section 31.017, the secretary shall provide written notice to the county election official with authority over election administration or voter registration and the county judge of the determination by the secretary to implement administrative oversight in the county. The notice must include the specific recurring pattern of problems with election administration or voter registration identified by the secretary and as described by [under] Section 31.017(a)(2)(C) [31.017(a)(3)].

(f) The secretary of state shall conduct the administrative oversight of a county until the earlier of:

(1) December 31 of the even-numbered year following the first anniversary of the date the complaint was received under Section 31.017(a)(2)(A) [31.017(a)(1)];

(2) December 31 of the even-numbered year following the first anniversary of the secretary of state's decision to administer administrative oversight under Section 280.002; or

(3) [(2)] the date on which the secretary of state determines that the recurring pattern of problems with election administration or voter registration is rectified.

SECTION 5. Section 31.037(b), Election Code, is amended to read as follows:

(b) The [In a county with a population of more than 4 million, the] secretary of state may enter a written order to terminate the employment of a county elections administrator at the conclusion of administrative oversight of the county elections administrator's office under this subchapter [Subchapter A] if the recurring pattern of problems with election administration or voter registration is not rectified or continues to impede the free exercise of a citizen's voting rights in the county.

SECTION 6. Title 16, Election Code, is amended by adding Chapter 280 to read as follows:

CHAPTER 280. REQUEST TO ADDRESS ELECTION IRREGULARITY

Sec. 280.001. REQUEST FOR EXPLANATION. (a) A person described by Subsection (f) may 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 official that appears to violate this code;

(2) irregularities in results in a precinct or at a polling place or early voting polling place;

(3) inadequacy or irregularity of documentation required to be maintained under this code;

(4) discrepancies in the results of a reconciliation of ballots between the number of voters and the number of votes cast; or

(5) any other departure from standard election procedures in this state or the requirements of this code.

(b) Not later than the 20th day after the date a request is received under Subsection (a), the county clerk or other authority shall provide the requestor the requested explanation and any supporting documentation.

(c) A requestor who is not satisfied with the explanation and supporting documentation provided under Subsection (b) may issue a request for further explanation and supporting documentation to the county clerk or other authority.

(d) Not later than the 10th day after the date a request is received under Subsection (c), the county clerk or other authority shall provide the requestor the requested explanation and any supporting documentation.

(e) A requestor who is not satisfied with the explanation and supporting documentation provided under Subsection (d) may issue a request to the secretary of state for an audit of the issue described by Subsection (a), as provided by Section 280.002.

(f) A person may 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) A person to whom Section 280.001(e) applies may submit a request for an audit to the secretary of state for investigation. A request for an audit must 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) Not later than the 30th day after the date the secretary of state receives a request for an audit under this section, the secretary must determine whether the information submitted under Subsection (a) sufficiently explains the irregularity identified under Section 280.001(a). If the information is insufficient, the secretary of state shall immediately begin an audit of the identified irregularity at the expense of the county or other authority conducting the election.

(c) The county clerk or other authority conducting the election shall cooperate with the office of the secretary of state and may not interfere with or obstruct the audit.

(d) On conclusion of the audit, the secretary of state shall 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) The secretary of state may, in the secretary's discretion, make a determination without conducting an audit that the evidence submitted under Subsection (a) sufficiently explains the irregularity identified under Section 280.001(a) or that a violation of this code has occurred solely on the basis of the evidence submitted under Subsection (a). The secretary of state shall 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.

(f) If, following an audit, the secretary of state determines that a violation of this code has occurred, the secretary may order administrative oversight of the county where the violation occurred under Subchapter A, Chapter 31.

Sec. 280.003. FINDING OF VIOLATION. (a) In addition to the notice required under Section 280.002(d), the secretary of state shall provide special notice to the county clerk or other authority conducting an election detailing any violation of this code found by the secretary under Section 280.002.

(b) 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, the secretary of state shall 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. The remedy provided under this subsection is in addition to any other remedy available under law for a violation of this code.

(c) If the secretary of state is not able to remedy the violation on behalf of the county clerk or other authority, the secretary shall 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) The secretary of state shall maintain a record of county clerks or other authorities that conduct elections who have been assessed a civil penalty under Subsection (b). The secretary of state shall publish the record on the secretary of state's Internet website.

(e) The attorney general may bring an action under this section to recover a civil penalty that has not been paid.

(f) A civil penalty collected under this section shall be deposited in the state treasury to the credit of the general revenue fund.

SECTION 7. A person may 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 8. This Act takes effect September 1, 2025.