Texas 2023 - 88th Regular

Texas Senate Bill SB1039 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R28370 MPF-F
2	2	By: Bettencourt, et al. S.B. No. 1039
3	3	(Toth, et al.)
4	4	Substitute the following for S.B. No. 1039: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to processes to address election irregularities;
10	10	providing a civil penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Title 16, Election Code, is amended by adding
13	13	Chapter 280 to read as follows:
14	14	CHAPTER 280. REQUEST TO ADDRESS ELECTION IRREGULARITY
15	15	Sec. 280.001. REQUEST FOR EXPLANATION. (a) A person
16	16	described by Subsection (f) may issue a written request to the
17	17	county clerk or other authority conducting an election for an
18	18	explanation and supporting documentation for:
19	19	(1) an action taken by an election officer that
20	20	appears to violate this code;
21	21	(2) irregularities in results in a precinct or at a
22	22	polling place or early voting polling place;
23	23	(3) inadequacy or irregularity of documentation
24	24	required to be maintained under this code; or
25	25	(4) discrepancies in the results of a reconciliation
26	26	of ballots between the number of voters and the number of votes
27	27	cast.
28	28	(b) Not later than the 20th day after the date a request is
29	29	received under Subsection (a), the county clerk or other authority
30	30	shall provide the requested explanation and any supporting
31	31	documentation.
32	32	(c) A requestor who is not satisfied with the explanation
33	33	and supporting documentation provided under Subsection (b) may
34	34	issue a request for further explanation and supporting
35	35	documentation to the county clerk or other authority.
36	36	(d) Not later than the 10th day after the date a request is
37	37	received under Subsection (c), the county clerk or other authority
38	38	shall provide the requested explanation and any supporting
39	39	documentation.
40	40	(e) A requestor who is not satisfied with the explanation
41	41	and supporting documentation provided under Subsection (d) may
42	42	issue a request to the secretary of state for an audit of the issue
43	43	described by Subsection (a), as provided by Section 280.002.
44	44	(f) A person may make a request under this section if the
45	45	person participated in the relevant election as:
46	46	(1) a candidate;
47	47	(2) a county chair or state chair of a political party;
48	48	(3) a presiding judge;
49	49	(4) an alternate presiding judge; or
50	50	(5) the head of a specific-purpose political committee
51	51	that supports or opposes a ballot measure.
52	52	Sec. 280.002. AUDIT BY SECRETARY OF STATE. (a) A person to
53	53	whom Section 280.001(e) applies may submit a request for an audit to
54	54	the secretary of state for investigation. A request for an audit
55	55	must include copies of:
56	56	(1) the requests made by the person to the county clerk
57	57	or other authority conducting the election under Sections
58	58	280.001(a) and (c); and
59	59	(2) the explanations and any supporting documentation
60	60	provided by the county clerk or other authority to the person under
61	61	Sections 280.001(b) and (d).
62	62	(b) Not later than the 30th day after the date the secretary
63	63	of state receives a request for an audit under this section, the
64	64	secretary must determine whether the information submitted under
65	65	Subsection (a) sufficiently explains the irregularity identified
66	66	under Section 280.001(a). If the information is insufficient, the
67	67	secretary of state shall immediately begin an audit of the
68	68	identified irregularity at the expense of the county or other
69	69	authority conducting the election.
70	70	(c) The county clerk or other authority conducting the
71	71	election shall cooperate with the office of the secretary of state
72	72	and may not interfere with or obstruct the audit.
73	73	(d) On conclusion of the audit, the secretary of state shall
74	74	provide notice of the findings of the audit to the person who
75	75	submitted the request for the audit and the county clerk or other
76	76	authority conducting the election.
77	77	(e) The secretary of state may, in the secretary's
78	78	discretion, make a determination that a violation of this code has
79	79	occurred solely on the basis of evidence submitted under Subsection
80	80	(a) without conducting an audit. The secretary of state shall send
81	81	notice of the determination to the person who submitted the request
82	82	for the audit and to the county clerk or other authority conducting
83	83	the election.
84	84	(f) If, following an audit, the secretary of state
85	85	determines that a violation of this code has occurred, the
86	86	secretary may appoint a conservator to oversee elections in the
87	87	county where the violation occurred. The conservator shall serve
88	88	for two federal election cycles.
89	89	(g) A county for which a conservator is appointed under
90	90	Subsection (f) shall pay the costs of providing the conservator,
91	91	including the salary and benefits of the conservator.
92	92	Sec. 280.003. FINDING OF VIOLATION. (a) In addition to the
93	93	notice required under Section 280.002(d), the secretary of state
94	94	shall provide special notice to the county clerk or other authority
95	95	conducting an election detailing any violation of this code found
96	96	by the secretary under Section 280.002.
97	97	(b) If the county clerk or other authority conducting an
98	98	election does not remedy a violation detailed in a notice under
99	99	Subsection (a) by the 30th day after the date the clerk or other
100	100	authority receives the notice, the secretary of state shall assess
101	101	a civil penalty of $500 for each violation not remedied and, if
102	102	possible, remedy the violation on behalf of the county clerk or
103	103	other authority. The remedy provided under this subsection is in
104	104	addition to any other remedy available under law for a violation of
105	105	this code.
106	106	(c) If the secretary of state is not able to remedy the
107	107	violation on behalf of the county clerk or other authority, the
108	108	secretary shall assess an additional penalty under Subsection (b)
109	109	for each day the county clerk or other authority does not remedy the
110	110	violation until the violation is remedied.
111	111	(d) The secretary of state shall maintain a record of county
112	112	clerks or other authorities that conduct elections who have been
113	113	assessed a civil penalty under Subsection (b). The secretary of
114	114	state shall publish the record on the secretary of state's Internet
115	115	website.
116	116	(e) The attorney general may bring an action under this
117	117	section to recover a civil penalty that has not been paid.
118	118	(f) A civil penalty collected under this section shall be
119	119	deposited in the state treasury to the credit of the general revenue
120	120	fund.
121	121	SECTION 2. A person may make a request under Section
122	122	280.001, Election Code, as added by this Act, only for an election
123	123	held on or after the effective date of this Act.
124	124	SECTION 3. This Act takes effect September 1, 2023.