Texas 2023 - 88th Regular

Texas House Bill HB2536 Compare Versions

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1	1	2023S0095-1 02/06/23
2	2	By: Toth H.B. No. 2536
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to processes to address election irregularities;
8	8	providing a civil penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 16, Election Code, is amended by adding
11	11	Chapter 280 to read as follows:
12	12	CHAPTER 280. REQUEST TO ADDRESS ELECTION IRREGULARITY
13	13	Sec. 280.001. REQUEST FOR EXPLANATION. (a) A person
14	14	described by Subsection (f) may issue a written request to the
15	15	county clerk or other authority conducting an election for an
16	16	explanation and supporting documentation for:
17	17	(1) an action taken by an election officer that
18	18	appears to violate this code;
19	19	(2) irregularities in results in a precinct or at a
20	20	polling place or early voting polling place;
21	21	(3) inadequacy or irregularity of documentation
22	22	required to be maintained under this code; or
23	23	(4) irregularity of reconciliation results identified
24	24	in reconciliation reports regarding voters and votes cast.
25	25	(b) Not later than the 20th day after the date a request is
26	26	received under Subsection (a), the county clerk or other authority
27	27	shall provide the requested explanation and any supporting
28	28	documentation.
29	29	(c) A requestor who is not satisfied with the explanation
30	30	and supporting documentation provided under Subsection (b) may
31	31	issue a request for further explanation and supporting
32	32	documentation to the county clerk or other authority.
33	33	(d) Not later than the 10th day after the date a request is
34	34	received under Subsection (c), the county clerk or other authority
35	35	shall provide the requested explanation and any supporting
36	36	documentation.
37	37	(e) A requestor who is not satisfied with the explanation
38	38	and supporting documentation provided under Subsection (d) may
39	39	issue a request to the secretary of state for an audit of the issue
40	40	described by Subsection (a), as provided by Section 280.002.
41	41	(f) A person may make a request under this section if the
42	42	person participated in the relevant election as:
43	43	(1) a candidate;
44	44	(2) a county chair or state chair of a political party;
45	45	(3) a presiding judge;
46	46	(4) an alternate presiding judge; or
47	47	(5) the head of a specific-purpose political committee
48	48	that supports or opposes a ballot measure.
49	49	Sec. 280.002. AUDIT BY SECRETARY OF STATE. (a) A person to
50	50	whom Section 280.001(e) applies may submit a request for an audit to
51	51	the secretary of state for investigation. A request for an audit
52	52	must include copies of:
53	53	(1) the requests made by the person to the county clerk
54	54	or other authority conducting the election under Sections
55	55	280.001(a) and (c); and
56	56	(2) the explanations and any supporting documentation
57	57	provided by the county clerk or other authority to the person under
58	58	Sections 280.001(b) and (d).
59	59	(b) Not later than the 30th day after the date the secretary
60	60	of state receives a request for an audit under this section, the
61	61	secretary must determine whether the information submitted under
62	62	Subsection (a) sufficiently explains the irregularity identified
63	63	under Section 280.001(a). If the information is insufficient, the
64	64	secretary of state shall immediately begin an audit of the
65	65	identified irregularity at the expense of the county or other
66	66	authority conducting the election.
67	67	(c) The county clerk or other authority conducting the
68	68	election shall cooperate with the office of the secretary of state
69	69	and may not interfere with or obstruct the audit.
70	70	(d) On conclusion of the audit, the secretary of state shall
71	71	provide notice of the findings of the audit to the person who
72	72	submitted the request for the audit and the county clerk or other
73	73	authority conducting the election.
74	74	(e) The secretary of state may, in the secretary's
75	75	discretion, make a determination that a violation of this code has
76	76	occurred solely on the basis of evidence submitted under Subsection
77	77	(a) without conducting an audit. The secretary of state shall send
78	78	notice of the determination to the person who submitted the request
79	79	for the audit and to the county clerk or other authority conducting
80	80	the election.
81	81	(f) If, following an audit, the secretary of state
82	82	determines that a violation of this code has occurred, the
83	83	secretary shall appoint a conservator to oversee elections in the
84	84	county election precinct where the violation occurred. The
85	85	conservator shall serve for two federal election cycles.
86	86	Sec. 280.003. FINDING OF VIOLATION. (a) In addition to the
87	87	notice required under Section 280.002(d), the secretary of state
88	88	shall provide special notice to the county clerk or other authority
89	89	conducting an election detailing any violation of this code found
90	90	by the secretary under Section 280.002.
91	91	(b) If the county clerk or other authority conducting an
92	92	election does not remedy a violation detailed in a notice under
93	93	Subsection (a) by the 30th day after the date the clerk or other
94	94	authority receives the notice, the secretary of state shall assess
95	95	a civil penalty of $500 for each violation not remedied and, if
96	96	possible, remedy the violation on behalf of the county clerk or
97	97	other authority. The remedy provided under this subsection is in
98	98	addition to any other remedy available under law for a violation of
99	99	this code.
100	100	(c) If the secretary of state is not able to remedy the
101	101	violation on behalf of the county clerk or other authority, the
102	102	secretary shall assess an additional penalty under Subsection (b)
103	103	for each day the county clerk or other authority does not remedy the
104	104	violation until the violation is remedied.
105	105	(d) The secretary of state shall maintain a record of county
106	106	clerks or other authorities that conduct elections who have been
107	107	assessed a civil penalty under Subsection (b). The secretary of
108	108	state shall publish the record on the secretary of state's Internet
109	109	website.
110	110	(e) The attorney general may bring an action under this
111	111	section to recover a civil penalty that has not been paid.
112	112	(f) A civil penalty collected under this section shall be
113	113	deposited in the state treasury to the credit of the general revenue
114	114	fund.
115	115	SECTION 2. A person may make a request under Section
116	116	280.001, Election Code, as added by this Act, only for an election
117	117	held on or after the effective date of this Act.
118	118	SECTION 3. This Act takes effect September 1, 2023.