Texas 2023 - 88th Regular

Texas Senate Bill SB823

Filed
2/10/23  
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the suspension of a county elections administrator.

Impact

The implications of SB823 are significant for local government authority concerning elections. By allowing the Secretary of State to suspend an elections administrator based on an evaluation of recurring problems, the bill centralizes accountability and oversight with the state. This change may foster a more consistent approach to election administration, particularly in counties facing challenges, but it also raises questions about local autonomy and the ability of local officials to manage elections effectively.

Summary

Senate Bill 823, introduced by Senator Bettencourt, addresses the suspension and termination of county elections administrators in Texas. The bill amends provisions of the Election Code to allow for the suspension of an elections administrator by the Secretary of State under specific circumstances, including when a recurring pattern of administrative issues arises, such as malfunctioning voting equipment or errors in election tabulation. If the elections administrator is suspended, a replacement will be appointed by the Secretary of State until the issues are resolved, enhancing oversight over local election administration.

Sentiment

Generally, the response to SB823 has been mixed. Supporters argue that the bill is necessary for ensuring the integrity and efficiency of elections, especially in light of previous concerns over election management. They view the ability to suspend an underperforming elections administrator as a protective measure for voters. However, critics contend that it could lead to state overreach and undermine local governance, potentially politicizing the role of elections administrators further.

Contention

Notable points of contention surrounding SB823 center on the balance between state control and local governance in elections. Opponents express concern that the bill grants too much power to the Secretary of State, which may result in unjust suspensions that could interfere with local election processes. Furthermore, there are apprehensions regarding the fiscal and operational impacts on counties that might face leadership instability in their election offices if administrators are suspended or terminated.

Texas Constitutional Statutes Affected

Election Code

  • Chapter 31. Officers To Administer Elections
    • Section: New Section
    • Section: New Section

Companion Bills

TX HB2020

Identical Relating to the suspension of a county elections administrator.

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