Bill Text: TX SB2063 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the oversight of and reporting requirements for the county elections administrator.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-21 - Referred to State Affairs [SB2063 Detail]
Download: Texas-2023-SB2063-Introduced.html
88R8584 MPF-D | ||
By: Bettencourt | S.B. No. 2063 |
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relating to the oversight of and reporting requirements for the | ||
county elections administrator. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 31.037, Election Code, is amended to | ||
read as follows: | ||
Sec. 31.037. SUSPENSION OR TERMINATION OF EMPLOYMENT. The | ||
employment of the county elections administrator may be suspended, | ||
with or without pay, or terminated at any time for good and | ||
sufficient cause on the three-fifths [ |
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county election commission and approval of that action by a | ||
majority vote of the commissioners court. | ||
SECTION 2. Section 31.043, Election Code, is amended to | ||
read as follows: | ||
Sec. 31.043. DUTIES OF ADMINISTRATOR GENERALLY. (a) The | ||
county elections administrator shall perform: | ||
(1) the duties and functions of the voter registrar; | ||
(2) the duties and functions placed on the county | ||
clerk by this code; | ||
(3) the duties and functions relating to elections | ||
that are placed on the county clerk by statutes outside this code, | ||
subject to Section 31.044; and | ||
(4) the duties and functions placed on the | ||
administrator under Sections 31.044 and 31.045. | ||
(b) The county elections administrator is not a member of | ||
the county election commission or the county election board. | ||
SECTION 3. Subchapter B, Chapter 31, Election Code, is | ||
amended by adding Sections 31.0431, 31.0432, 31.0433, 31.0434, and | ||
31.0435 to read as follows: | ||
Sec. 31.0431. REPORT TO COUNTY ELECTION COMMISSION: VOTE BY | ||
MAIL. Not later than the 30th day after the final canvass of an | ||
election is completed, the county elections administrator shall | ||
provide a report to the county election commission that includes | ||
the following information pertaining to voting by mail: | ||
(1) the number of applications for a ballot to be voted | ||
by mail submitted and the number of applications rejected; | ||
(2) the number of official ballots to be voted by mail: | ||
(A) provided to an applicant; | ||
(B) returned by an applicant; | ||
(C) returned undelivered by the United States | ||
Postal Service; | ||
(D) delivered to the early voting ballot board or | ||
signature verification committee; | ||
(E) for which the voters were accepted by the | ||
early voting ballot board, including accepted voters whose jacket | ||
envelopes were empty, contained the wrong ballot, or contained | ||
multiple ballots; and | ||
(F) for which the voters were rejected by the | ||
early voting ballot board; | ||
(3) the number of limited ballots to be voted by mail | ||
submitted by an applicant; and | ||
(4) the number of ballots voted by mail: | ||
(A) delivered to the central counting station; | ||
(B) duplicated at the central counting station; | ||
and | ||
(C) tabulated by the central counting station. | ||
Sec. 31.0432. REPORT TO COUNTY ELECTION COMMISSION: EARLY | ||
VOTING BY PERSONAL APPEARANCE. Not later than the 30th day after the | ||
final canvass of an election is completed, the county elections | ||
administrator shall provide a report to the county election | ||
commission that includes the following information pertaining to | ||
each day of early voting by personal appearance: | ||
(1) the number of persons accepted to vote using a | ||
limited ballot and the number of limited ballots cast; | ||
(2) the number of: | ||
(A) voters accepted to vote at each polling | ||
place, including accepted voters who did not cast a vote; | ||
(B) votes cast at each polling place and in each | ||
election precinct; | ||
(C) voters accepted to vote a provisional ballot; | ||
(D) provisional ballot affidavits accepted at | ||
each polling place; | ||
(E) requests for cancellation of an application | ||
for a ballot to be voted by mail received by each polling place; | ||
(F) spoiled ballots at each polling place; | ||
(G) marked ballots deposited in a location other | ||
than a ballot box; | ||
(H) polling places where 25 percent or more of | ||
the election officers were not available to work at the polling | ||
place for more than one hour at a time; | ||
(I) polling places where a seal on a ballot box or | ||
voting equipment did not match the documentation or was broken; and | ||
(J) polling places that were not able to | ||
reconcile every voter against the record of votes cast, including | ||
the number of polling places where the discrepancy exceeded two | ||
votes cast; | ||
(3) the allocation of voting equipment and election | ||
officials for each polling place; and | ||
(4) the number of ballots cast during early voting by | ||
personal appearance that were duplicated by the central counting | ||
station. | ||
Sec. 31.0433. REPORT TO COUNTY ELECTION COMMISSION: | ||
ELECTION DAY. Not later than the 30th day after the final canvass of | ||
an election is completed, the county elections administrator shall | ||
provide a report to the county election commission that includes | ||
the following information pertaining to election day: | ||
(1) the number of: | ||
(A) voters accepted to vote at each polling | ||
place, including accepted voters who did not cast a vote; | ||
(B) votes cast at each polling place and in each | ||
election precinct; | ||
(C) voters accepted to vote a provisional ballot; | ||
(D) provisional ballot affidavits accepted at | ||
each polling place; | ||
(E) requests for cancellation of an application | ||
for a ballot to be voted by mail received by each polling place; | ||
(F) spoiled ballots at each polling place; and | ||
(G) marked ballots deposited in a location other | ||
than a ballot box; | ||
(2) the allocation of voting equipment and election | ||
officials for each polling place; | ||
(3) the number of polling places on election day that: | ||
(A) opened at least 10 minutes late due to the | ||
malfunction of voting system equipment or a lack of election | ||
supplies; | ||
(B) closed for more than 30 minutes during voting | ||
hours; | ||
(C) had 25 percent or more of the voting machines | ||
not functioning for at least 30 minutes during voting hours; | ||
(D) had 50 percent or more of the scanning | ||
equipment not functioning for at least 30 minutes during voting | ||
hours; | ||
(E) did not have a sufficient supply of ballots, | ||
including from a shortage, having the wrong size paper for the | ||
voting system, or any other malfunction limiting a person's ability | ||
to vote as authorized under this code; | ||
(F) did not print the tape showing each voting | ||
machine counter was set to zero prior to opening the polls for | ||
voting; | ||
(G) failed to properly prepare the precinct | ||
returns under Section 65.014; | ||
(H) had 25 percent or more of the election | ||
officers not available to work at the polling place for more than | ||
one hour at a time; | ||
(I) had a seal on a ballot box or voting equipment | ||
that did not match the documentation or was broken; and | ||
(J) were not able to reconcile every voter | ||
against the record of votes cast, including the number of polling | ||
places where the discrepancy exceeded two votes cast; | ||
(4) the number of ballots cast on election day that | ||
were duplicated by the central counting station; and | ||
(5) the number of times a presiding judge delivered | ||
the election returns but did not receive a chain of custody | ||
document. | ||
Sec. 31.0434. REPORT TO COUNTY ELECTION COMMISSION: | ||
ADDITIONAL ELECTION INFORMATION. Not later than the 30th day after | ||
the final canvass of an election is completed, the county elections | ||
administrator shall provide a report to the county election | ||
commission that includes the following information pertaining to an | ||
election conducted in the county: | ||
(1) the number of suspense voters in the county; | ||
(2) the number of statements of residence completed at | ||
each polling place; | ||
(3) a reconciliation of: | ||
(A) every election precinct in the county on the | ||
number of registered voters and the number of votes cast; | ||
(B) every data storage device assigned to a | ||
polling place or to ballots to be voted by mail and its inclusion on | ||
audit documentation; and | ||
(C) the number of votes on each results tape and | ||
the total number of votes cast; and | ||
(4) an inventory of election records with container | ||
labels, including a list of the contents in each container. | ||
Sec. 31.0435. COUNTY ELECTION COMMISSION REVIEW OF REPORTS. | ||
(a) The county election commission shall review reports provided by | ||
the county elections administrator under Section 31.0431. | ||
(b) Not later than the 30th day after receiving the reports, | ||
the county election commission shall provide recommendations to the | ||
county elections administrator based on the provided reports. | ||
(c) During the next countywide election, the county | ||
election commission shall monitor the county elections | ||
administrator to determine whether the administrator is following | ||
the recommendations provided by the commission under Subsection | ||
(b). | ||
SECTION 4. This Act takes effect September 1, 2023. |