Texas 2023 - 88th Regular

Texas House Bill HB589 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R396 MLH-D
2	2	By: Toth H.B. No. 589
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 for an explanation and supporting documentation for:
16	16	(1) an action taken by an election officer that
17	17	appears to violate this code;
18	18	(2) irregularities in precinct results; or
19	19	(3) inadequacy or irregularity of documentation
20	20	required to be maintained under this code.
21	21	(b) Not later than the 20th day after the date a request is
22	22	received under Subsection (a), a county clerk shall provide the
23	23	requested explanation and any supporting documentation.
24	24	(c) A requestor who is not satisfied with the explanation
25	25	and supporting documentation provided under Subsection (b) may
26	26	issue a request for further explanation and supporting
27	27	documentation to the county clerk.
28	28	(d) Not later than the 10th day after the date a request is
29	29	received under Subsection (c), the county clerk shall provide the
30	30	requested explanation and any supporting documentation.
31	31	(e) A requestor who is not satisfied with the explanation
32	32	and supporting documentation provided under Subsection (d) may
33	33	issue a request to the secretary of state for an audit of the issue
34	34	described by Subsection (a), as provided by Section 280.002.
35	35	(f) A person may make a request under this section if the
36	36	person participated in the relevant election as:
37	37	(1) a candidate;
38	38	(2) a county chair of a political party;
39	39	(3) a presiding judge;
40	40	(4) an alternate presiding judge; or
41	41	(5) the head of a specific-purpose political committee
42	42	that supports or opposes a ballot measure.
43	43	Sec. 280.002. AUDIT BY SECRETARY OF STATE. (a) A person to
44	44	whom Section 280.001(e) applies may submit a request for an audit to
45	45	the secretary of state for investigation. A request for an audit
46	46	must include copies of:
47	47	(1) the requests made by the person to the person's
48	48	county clerk under Sections 280.001(a) and (c);
49	49	(2) the explanations provided by the county clerk to
50	50	the person under Sections 280.001(b) and (d); and
51	51	(3) any supporting documentation provided by the
52	52	county clerk to the person under Sections 280.001(b) and (d).
53	53	(b) Not later than the 30th day after the date the secretary
54	54	of state receives a request for an audit under this section, the
55	55	secretary must determine whether the information submitted under
56	56	Subsection (a) sufficiently explains the irregularity identified
57	57	under Section 280.001(a). If the information is insufficient, the
58	58	secretary shall immediately begin an audit of the identified
59	59	irregularity at the expense of the county.
60	60	(c) The county clerk shall cooperate with the office of the
61	61	secretary of state and may not interfere with or obstruct the audit.
62	62	(d) On conclusion of the audit, the secretary of state shall
63	63	provide notice of the findings of the audit to the person who
64	64	submitted the request for the audit and the county clerk.
65	65	Sec. 280.003. FINDING OF VIOLATION. (a) In addition to the
66	66	notice required under Section 280.002(d), the secretary of state
67	67	shall provide special notice to a county clerk detailing any
68	68	violation of this code found during the conduct of an audit under
69	69	Section 280.002.
70	70	(b) If the county clerk does not remedy a violation detailed
71	71	in a notice under Subsection (a) by the 30th day after the date the
72	72	clerk receives the notice, the secretary of state shall assess a
73	73	civil penalty of $500 for each violation not remedied and, if
74	74	possible, remedy the violation on behalf of the county clerk. The
75	75	remedy provided under this subsection is in addition to any other
76	76	remedy available under law for a violation of this code.
77	77	(c) If the secretary of state is not able to remedy the
78	78	violation on behalf of the county clerk, the secretary shall assess
79	79	an additional penalty under Subsection (b) for each day the county
80	80	clerk does not remedy the violation until the violation is
81	81	remedied.
82	82	(d) The secretary of state shall maintain a record of county
83	83	clerks who have been assessed a civil penalty under Subsection (b).
84	84	The secretary of state shall publish the record on the secretary of
85	85	state's Internet website.
86	86	(e) The attorney general may bring an action under this
87	87	section to recover a civil penalty that has not been paid.
88	88	(f) A civil penalty collected under this section shall be
89	89	deposited in the state treasury to the credit of the general revenue
90	90	fund.
91	91	SECTION 2. A person may make a request under Section
92	92	280.001, Election Code, as added by this Act, only for an election
93	93	held on or after the effective date of this Act.
94	94	SECTION 3. This Act takes effect September 1, 2023.