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