Bill Text: TX SB618 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to the unlawful altering of election procedures; providing a civil penalty.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced) 2025-03-04 - Co-author authorized [SB618 Detail]
Download: Texas-2025-SB618-Introduced.html
| 89R4599 JDK-F | ||
| By: Sparks | S.B. No. 618 | |
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| 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 or discovers | ||
| information indicating that a public official or election official | ||
| has violated Subsection (a), the secretary of state shall | ||
| 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 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 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) 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 complaint submitted to the | ||
| secretary of state under this section will not be further | ||
| investigated or the subject of any further proceedings or actions. | ||
| SECTION 2. This Act takes effect September 1, 2025. | ||
