| 1 | 1 | | By: Springer S.B. No. 1807 |
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| 2 | 2 | | (Jetton) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the unlawful altering of election procedures; providing |
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| 8 | 8 | | a civil penalty. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 276.019, Election Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 276.019. UNLAWFUL ALTERING OF ELECTION PROCEDURES; |
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| 13 | 13 | | CIVIL PENALTY. (a) A public official or election official may not |
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| 14 | 14 | | create, alter, modify, waive, or suspend any election standard, |
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| 15 | 15 | | practice, or procedure mandated by law or rule in a manner not |
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| 16 | 16 | | expressly authorized by this code. |
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| 17 | 17 | | (b) After the secretary of state receives or discovers |
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| 18 | 18 | | information indicating that a public official or election official |
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| 19 | 19 | | has violated Subsection (a), the secretary of state shall |
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| 20 | 20 | | investigate the standard, practice, or procedure appearing to have |
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| 21 | 21 | | violated Subsection (a). If the secretary of state determines that |
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| 22 | 22 | | a violation of Subsection (a) has occurred, the secretary of state |
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| 23 | 23 | | shall send to the public official or election official determined |
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| 24 | 24 | | to have violated that subsection: |
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| 25 | 25 | | (1) notification of the secretary of state's |
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| 26 | 26 | | determination; |
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| 27 | 27 | | (2) a demand that the official immediately cease the |
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| 28 | 28 | | implementation or enforcement of the standard, practice, or |
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| 29 | 29 | | procedure determined to have violated Subsection (a); and |
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| 30 | 30 | | (3) instructions for the specific actions necessary |
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| 31 | 31 | | for compliance with Subsection (a). |
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| 32 | 32 | | (c) If, more than two days after receiving notification |
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| 33 | 33 | | under Subsection (b), a public official or election official does |
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| 34 | 34 | | not comply with Subsection (a) as instructed under Subsection |
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| 35 | 35 | | (b)(3), the secretary of state shall: |
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| 36 | 36 | | (1) notify the attorney general that the official may |
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| 37 | 37 | | be subject to a civil penalty under Subsection (d); and |
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| 38 | 38 | | (2) forward to the attorney general any documents or |
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| 39 | 39 | | information received, discovered, or created during the secretary |
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| 40 | 40 | | of state's investigation under Subsection (b). |
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| 41 | 41 | | (d) A public official or election official is liable to this |
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| 42 | 42 | | state for a civil penalty for each day that the official fails or |
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| 43 | 43 | | refuses to take an affirmative action to comply with Subsection (a) |
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| 44 | 44 | | in an amount not to exceed: |
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| 45 | 45 | | (1) $1,000 per day for each day after the second day |
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| 46 | 46 | | and on or before the seventh day after receiving a notice under |
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| 47 | 47 | | Subsection (b); or |
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| 48 | 48 | | (2) $5,000 per day for each day after the seventh day |
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| 49 | 49 | | after receiving a notice under Subsection (b). |
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| 50 | 50 | | (e) The attorney general may bring an action to recover a |
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| 51 | 51 | | civil penalty imposed under Subsection (d). |
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| 52 | 52 | | (f) A civil penalty collected by the attorney general under |
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| 53 | 53 | | this section shall be deposited in the state treasury to the credit |
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| 54 | 54 | | of the general revenue fund. |
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| 55 | 55 | | (g) Documents or information received, discovered, or |
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| 56 | 56 | | created during the secretary of state's investigation under |
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| 57 | 57 | | Subsection (b) are confidential and not subject to disclosure under |
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| 58 | 58 | | Chapter 552, Government Code, unless the secretary of state or |
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| 59 | 59 | | attorney general has determined that a complaint submitted to the |
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| 60 | 60 | | secretary of state under this section will not be further |
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| 61 | 61 | | investigated or the subject of any further proceedings or actions. |
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| 62 | 62 | | SECTION 2. This Act takes effect September 1, 2023. |
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