| 1 | 1 | | By: Toth H.B. No. 4727 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to unlawful altering of election procedures. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 276.019, Election Code, is amended to |
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| 9 | 9 | | read as follows: (a) A public official or election official may |
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| 10 | 10 | | not create, alter, modify, waive, or suspend any election standard, |
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| 11 | 11 | | practice, or procedure mandated by law or rule in a manner not |
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| 12 | 12 | | expressly authorized by this code. |
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| 13 | 13 | | (b) If, after receiving or discovering information |
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| 14 | 14 | | indicating that a public official or election official has violated |
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| 15 | 15 | | this section, the Secretary of State shall order that person to |
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| 16 | 16 | | correct the offending conduct through written notice that includes |
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| 17 | 17 | | a description of the violation and an explanation of the action |
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| 18 | 18 | | necessary for compliance and of the consequences of noncompliance. |
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| 19 | 19 | | (c) If a person described by Subsection (b) fails to comply |
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| 20 | 20 | | with an order from the Secretary of State under this section within |
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| 21 | 21 | | the second day following, the Secretary of State shall: |
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| 22 | 22 | | (1) Inform the Attorney General that the official may |
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| 23 | 23 | | be subject to a civil penalty under subsection (d); and |
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| 24 | 24 | | (2) deliver to the Attorney General all pertinent |
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| 25 | 25 | | documents and information in the secretary's possession. |
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| 26 | 26 | | (3) The documents and information submitted under |
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| 27 | 27 | | Subsection (c) are not considered public information until: |
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| 28 | 28 | | (A) the Secretary of State makes a determination |
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| 29 | 29 | | that the information received does not warrant an investigation; or |
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| 30 | 30 | | (B) if referred to the Attorney General, the |
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| 31 | 31 | | Attorney General has completed the investigation or has made a |
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| 32 | 32 | | determination that the information referred does not warrant an |
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| 33 | 33 | | investigation. |
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| 34 | 34 | | (d) A person is liable to this state for a civil penalty of |
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| 35 | 35 | | $1,000 for each day after the second day following the receipt of |
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| 36 | 36 | | the written notice that the public official or election official |
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| 37 | 37 | | fails to take affirmative action to comply with the corrective |
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| 38 | 38 | | actions identified by the Secretary of State. The Attorney General |
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| 39 | 39 | | may bring an action to recover a civil penalty imposed under this |
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| 40 | 40 | | section. |
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| 41 | 41 | | (d-1) The civil penalty referenced in Subsection(d) shall |
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| 42 | 42 | | increase to $5,000 for each day following the 7th day that the |
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| 43 | 43 | | public official or election official fails to take affirmative |
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| 44 | 44 | | action to comply with the corrective actions identified by the |
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| 45 | 45 | | Secretary of State. |
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| 46 | 46 | | (e) The attorney general may bring an action to recover a |
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| 47 | 47 | | civil penalty imposed under this section. |
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| 48 | 48 | | (f) A civil penalty collected by the Attorney General under |
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| 49 | 49 | | this section shall be deposited in the state treasury to the credit |
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| 50 | 50 | | of the general revenue fund. |
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| 51 | 51 | | SECTION 2. This Act takes effect September 1, 2023. |
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