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A BILL TO BE ENTITLED
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AN ACT
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relating to the conduct of randomized county election audits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 127.351, Election Code, is amended by |
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amending Subsections (a) and (b) and adding Subsections (a-1), |
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(b-1), (c-1), (d-1), (d-2), (d-3), (d-4), (e-1), (e-2), and (e-3) |
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to read as follows: |
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(a) Immediately after each November [the] uniform election |
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date [in November of an even-numbered year], the secretary of state |
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shall conduct an audit of the elections held on that November [the] |
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uniform election date in 16 [four] counties [during the previous |
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two years]. The audit shall include any election held in the |
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preceding year in a political subdivision of a county included in |
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the audit. |
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(a-1) For purposes of enabling the secretary of state to |
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conduct audits under this section, each county and political |
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subdivision of this state authorized to hold an election shall: |
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(1) register with the secretary of state as a county or |
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political subdivision authorized to hold an election; and |
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(2) notify the secretary of state of each election |
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held by the county or political subdivision not later than the 90th |
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day before the date of the election. |
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(b) The secretary of state shall select the counties to be |
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audited under Subsection (a) at random, except that: |
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(1) 13 [two] of the counties selected must have a total |
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population of less than 300,000; |
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(2) three [two] of the counties selected must have a |
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total population of 300,000 or more; and |
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(3) a county selected in the most recent audit cycle |
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may not be selected in the current audit cycle. |
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(b-1) An audit conducted under this section may not be |
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conducted before: |
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(1) the end of the period for filing a petition in an |
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election contest; or |
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(2) a resulting runoff for an election. |
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(c-1) In conducting an audit under this section, the |
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secretary of state shall audit: |
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(1) the accuracy of voter registration lists; |
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(2) the registrar's compliance with voter registration |
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list maintenance requirements; |
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(3) the procedures for testing voting equipment and |
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voting systems before the start of tabulation, including procedures |
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related to: |
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(A) testing ballots; and |
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(B) the storage and maintenance of voting |
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equipment and voting systems; |
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(4) any chain of custody or seal documentation |
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requirements for election records or supplies; |
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(5) the procedures for early voting by mail, including |
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procedures related to: |
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(A) applications for a ballot to be voted by |
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mail; |
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(B) early voting by mail ballot envelopes and |
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carrier envelopes; |
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(C) lists kept by the early voting clerk or |
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registrar related to early voting by mail; and |
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(D) records created or used by the early voting |
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ballot board; and |
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(6) the procedures for provisional ballots, including |
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procedures related to: |
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(A) envelopes containing provisional ballots; |
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and |
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(B) records related to provisional ballots. |
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(d-1) The county clerk or person performing the duties of a |
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county clerk in a county or political subdivision audited under |
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this section shall provide all necessary documents, records, and |
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access requested by the secretary of state. |
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(d-2) If a person willingly fails to comply with a request |
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made by the secretary of state under Subsection (d-1), the |
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secretary of state may decline to reimburse the county or political |
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subdivision for any state-funded election expenses for a period of |
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not more than two years. |
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(d-3) The secretary of state shall provide notice of any |
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action taken under Subsection (d-2) not later than the 10th day |
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after the date the secretary of state determines that the person has |
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intentionally or knowingly failed to comply with Subsection (d-1). |
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(d-4) A county or political subdivision may appeal a |
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determination by the secretary of state that the county or |
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political subdivision has intentionally or knowingly failed to |
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comply with Subsection (d-1) in a district court with jurisdiction |
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over the county or political subdivision. |
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(e-1) The secretary of state shall issue a report on each |
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audit conducted under this section and shall publish each report on |
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the secretary of state's Internet website. Notwithstanding any |
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other law, the contents of the report and any documents used in |
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conducting the audit are not subject to Chapter 552, Government |
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Code, until the report is officially published. |
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(e-2) Before issuing a report under Subsection (e-1), the |
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secretary of state shall allow local election officials in the |
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county or political subdivision that is the subject of the audit to |
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review the report and provide comments to be submitted with the |
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report. |
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(e-3) A report under Subsection (e-1) must include: |
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(1) a list of any major findings that may affect the |
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outcome of an election; |
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(2) a determination whether any voters were determined |
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to be disenfranchised; |
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(3) a detailed report of any major or minor findings of |
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the audit; |
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(4) any comments provided by a local election official |
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under Subsection (e-2); |
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(5) information related to any findings, actions, or |
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efforts taken under Subsection (e); and |
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(6) any recommended changes for the election practices |
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of the county, political subdivision, or secretary of state. |
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SECTION 2. Section 127.351(d), Election Code, is repealed. |
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SECTION 3. This Act takes effect September 1, 2025. |