| |
|
|
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. 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 officer 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; or |
|
|
(4) irregularity of reconciliation results identified |
|
|
in reconciliation reports regarding voters and votes cast. |
|
|
(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 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 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 that a violation of this code has |
|
|
occurred solely on the basis of evidence submitted under Subsection |
|
|
(a) without conducting an audit. 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 shall appoint a conservator to oversee elections in the |
|
|
county election precinct where the violation occurred. The |
|
|
conservator shall serve for two federal election cycles. |
|
|
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 2. 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 3. This Act takes effect September 1, 2023. |