| 1 | 1 | | 87S20226 TSS-F |
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| 2 | 2 | | By: Jetton H.B. No. 188 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the enforcement by the secretary of state of certain |
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| 8 | 8 | | voter roll maintenance provisions; providing a civil penalty. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 31, Election Code, is |
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| 11 | 11 | | amended by adding Section 31.017 to read as follows: |
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| 12 | 12 | | Sec. 31.017. ENFORCEMENT OF VOTER ROLL MAINTENANCE |
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| 13 | 13 | | PROVISIONS. (a) The secretary of state shall monitor each voter |
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| 14 | 14 | | registrar for compliance with the following provisions and with any |
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| 15 | 15 | | rules implementing the following provisions: |
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| 16 | 16 | | (1) Subchapter D, Chapter 15; |
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| 17 | 17 | | (2) Subchapters A and B, Chapter 16; and |
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| 18 | 18 | | (3) Subchapter C, Chapter 18. |
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| 19 | 19 | | (b) If the secretary of state determines that a voter |
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| 20 | 20 | | registrar has failed to comply with a requirement imposed on the |
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| 21 | 21 | | registrar by a provision listed in Subsection (a), the secretary of |
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| 22 | 22 | | state shall: |
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| 23 | 23 | | (1) for the first violation, require the registrar to |
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| 24 | 24 | | attend a training course developed under Subsection (e); |
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| 25 | 25 | | (2) for the second violation, audit the voter |
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| 26 | 26 | | registration list for the county in which the registrar serves to |
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| 27 | 27 | | determine the actions needed to achieve compliance with state law |
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| 28 | 28 | | and rules adopted by the secretary of state and provide the results |
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| 29 | 29 | | of the audit to the registrar; or |
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| 30 | 30 | | (3) for a third or subsequent violation, if the |
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| 31 | 31 | | secretary of state determines that the registrar has not performed |
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| 32 | 32 | | any overt actions in pursuance of compliance with the actions |
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| 33 | 33 | | identified under Subsection (b)(2) as necessary for the registrar |
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| 34 | 34 | | to achieve compliance with state law and rules adopted by the |
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| 35 | 35 | | secretary of state within 14 days of receiving the results of the |
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| 36 | 36 | | audit conducted under that subsection, inform the attorney general |
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| 37 | 37 | | that the county which the registrar serves may be subject to a civil |
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| 38 | 38 | | penalty under Subsection (c). |
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| 39 | 39 | | (c) A county is liable to this state for a civil penalty of |
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| 40 | 40 | | $1,000 for each day after the 14th day following the receipt of the |
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| 41 | 41 | | results of the audit conducted under Subsection (b)(2) that the |
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| 42 | 42 | | county's voter registrar fails to take overt action to comply with |
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| 43 | 43 | | the actions identified under that subsection as necessary for the |
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| 44 | 44 | | registrar to achieve compliance with state law and rules adopted by |
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| 45 | 45 | | the secretary of state. The attorney general may bring an action to |
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| 46 | 46 | | recover a civil penalty imposed under this section. |
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| 47 | 47 | | (d) A civil penalty collected by the attorney general under |
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| 48 | 48 | | this section shall be deposited in the state treasury to the credit |
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| 49 | 49 | | of the general revenue fund. |
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| 50 | 50 | | (e) The secretary of state shall develop and implement a |
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| 51 | 51 | | training course for registrars on the maintenance of voter rolls |
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| 52 | 52 | | required and permitted by law. |
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| 53 | 53 | | (f) The secretary of state shall adopt rules and prescribe |
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| 54 | 54 | | procedures for the implementation of this section. |
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| 55 | 55 | | SECTION 2. Not later than January 1, 2022, the secretary of |
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| 56 | 56 | | state shall develop the training course required by Section 31.017, |
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| 57 | 57 | | Election Code, as added by this Act. |
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| 58 | 58 | | SECTION 3. This Act takes effect on the 91st day after the |
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| 59 | 59 | | last day of the legislative session. |
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