Texas 2023 - 88th Regular

Texas Senate Bill SB1039

Filed
2/17/23  
Out of Senate Committee
4/5/23  
Voted on by Senate
4/13/23  
Governor Action
 
Bill Becomes Law
 

Caption

Relating to processes to address election irregularities; providing a civil penalty.

Impact

The enactment of SB 1039 could significantly influence the operational procedures of county election authorities. By establishing a statutory obligation for election officials to furnish explanations for any perceived irregularities, the bill aims to bolster public confidence in election integrity. However, it also lays the groundwork for potential civil penalties, amounting to $500 per violation if issues are not resolved within a specific timeframe. This could create heightened pressure on election officials and may inadvertently discourage participation due to fear of penalties. Thus, while the bill seeks to address concerns surrounding election management, it raises questions about its practical implications on election administration and worker morale.

Summary

Senate Bill 1039 introduces new processes aimed at addressing election irregularities while imposing civil penalties on election authorities for non-compliance. The bill mandates county clerks and election authorities to respond to written requests from individuals involved in elections regarding any alleged irregularities. Furthermore, if the explanations provided are deemed insufficient, the Secretary of State is authorized to conduct audits on these issues, which are to be financed by the county involved. This legislation intends to enhance accountability and transparency in the electoral process, ensuring that candidates and parties have a formal mechanism to challenge and investigate discrepancies.

Sentiment

The sentiment surrounding SB 1039 appears to be polarized. Supporters, including Republican legislators, advocate for the bill as a necessary measure to combat perceived electoral misconduct and foster greater transparency and accountability. They argue it empowers citizens and candidates to seek clarification regarding election operations. Conversely, opponents, including representatives from the ACLU of Texas, argue that the bill could undermine public trust in the electoral process. The fear is that adding more penalties and complicated audit processes might deter individuals from participating as election workers, ultimately harming the democratic process.

Contention

Notable points of contention in discussions around SB 1039 include concerns about increasing the number of penalties related to elections and how the bill might impact election workers' willingness to serve. Critics argue that the bill could foster an environment of mistrust and may lead to unnecessary audits that detract from the overall electoral experience. Furthermore, the balance between scrutiny of election practices and ensuring smooth election administration is a significant issue, with advocates worried that the bill could exacerbate tensions around election legitimacy.

Texas Constitutional Statutes Affected

Election Code

  • Chapter 16. Cancellation Of Registration
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

TX HB2536

Identical Relating to processes to address election irregularities; providing a civil penalty.

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