| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the unlawful altering of election procedures; providing |
|
|
a civil penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 276.019, Election Code, is amended to |
|
|
read as follows: |
|
|
Sec. 276.019. UNLAWFUL ALTERING OF ELECTION PROCEDURES; |
|
|
CIVIL PENALTY. (a) A public official or election official may not |
|
|
create, alter, modify, waive, or suspend any election standard, |
|
|
practice, or procedure mandated by law or rule in a manner not |
|
|
expressly authorized by this code. |
|
|
(b) After the secretary of state receives a formal complaint |
|
|
indicating that a public official or election official has violated |
|
|
Subsection (a), the secretary of state shall promptly investigate |
|
|
the standard, practice, or procedure appearing to have violated |
|
|
Subsection (a). If the secretary of state determines that a |
|
|
violation of Subsection (a) has occurred, the secretary of state |
|
|
shall promptly send to the public official or election official |
|
|
determined to have violated that subsection: |
|
|
(1) notification of the secretary of state's |
|
|
determination; |
|
|
(2) a demand that the official immediately cease the |
|
|
implementation or enforcement of the standard, practice, or |
|
|
procedure determined to have violated Subsection (a); and |
|
|
(3) instructions for the specific actions necessary |
|
|
for compliance with Subsection (a). |
|
|
(c) If, more than two business days after receiving |
|
|
notification under Subsection (b), a public official or election |
|
|
official does not comply with Subsection (a) as instructed under |
|
|
Subsection (b)(3), the secretary of state shall: |
|
|
(1) notify the attorney general that the official may |
|
|
be subject to a civil penalty under Subsection (d); and |
|
|
(2) forward to the attorney general any documents or |
|
|
information received, discovered, or created during the secretary |
|
|
of state's investigation under Subsection (b). |
|
|
(d) A public official or election official is liable to this |
|
|
state for a civil penalty for each day that the official fails or |
|
|
refuses to take an affirmative action to comply with Subsection (a) |
|
|
in an amount not to exceed: |
|
|
(1) $1,000 per day for each day after the second day |
|
|
and on or before the seventh day after receiving a notice under |
|
|
Subsection (b); or |
|
|
(2) $5,000 per day for each day after the seventh day |
|
|
after receiving a notice under Subsection (b). |
|
|
(e) The attorney general may bring an action to recover a |
|
|
civil penalty imposed under Subsection (d). |
|
|
(f) A civil penalty collected by the attorney general under |
|
|
this section shall be deposited in the state treasury to the credit |
|
|
of the general revenue fund. |
|
|
(g) A repeated violation of Subsection (a) by a public |
|
|
official or election official of a political subdivision, other |
|
|
than an elected official, is grounds for removal of the official by |
|
|
the appointing political subdivision. |
|
|
(h) Except as provided by Subsection (i), the secretary of |
|
|
state shall produce and post on the secretary of state's publicly |
|
|
accessible Internet website a monthly report containing |
|
|
information on each reported violation of Subsection (a). The |
|
|
report shall only include: |
|
|
(1) the county where the violation allegedly took |
|
|
place; |
|
|
(2) the specific election standard, practice, or |
|
|
procedure mandated by law or rule alleged to have been created, |
|
|
altered, modified, waived, or suspended in a manner not expressly |
|
|
authorized by this code; |
|
|
(3) the date or dates of the alleged violation; and |
|
|
(4) the resolution of the secretary of state's |
|
|
investigation, including the resolution of any further proceedings |
|
|
or actions. |
|
|
(h-1) The secretary of state shall update the information |
|
|
required under Subsection (h)(4) as necessary. |
|
|
(i) Documents or information received, discovered, or |
|
|
created during the secretary of state's investigation under |
|
|
Subsection (b) are confidential and not subject to disclosure under |
|
|
Chapter 552, Government Code, unless the secretary of state or |
|
|
attorney general has determined that a formal complaint submitted |
|
|
to the secretary of state under this section does not rise to the |
|
|
level of criminal conduct, or will not be further investigated or |
|
|
the subject of any further proceedings or actions. |
|
|
(j) A public official, election official, or registered |
|
|
voter reporting an alleged violation of Subsection (a) by the |
|
|
secretary of state or any personnel working in the secretary of |
|
|
state's elections division shall send a formal complaint containing |
|
|
the details of the alleged violation to the secretary of state. The |
|
|
complaint must: |
|
|
(1) include the nature of the alleged violation; and |
|
|
(2) demand that the secretary of state cease all acts |
|
|
or omissions that constitute the alleged violation and take |
|
|
whatever action necessary to correct the violation. |
|
|
(j-1) The secretary of state shall include information on |
|
|
each formal complaint received under Subsection (j) in the manner |
|
|
provided by Subsection (h). |
|
|
(j-2) The secretary of state shall promptly notify the |
|
|
complainant in writing of all corrective action taken in response |
|
|
to the alleged violation of Subsection (a) or a clear explanation to |
|
|
the complainant on the secretary of state's compliance with |
|
|
Subsection (a). |
|
|
SECTION 2. This Act takes effect September 1, 2025. |