By: Bettencourt S.B. No. 1933
(In the Senate - Filed March 8, 2023; March 20, 2023, read
first time and referred to Committee on State Affairs;
April 6, 2023, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 2; April 6, 2023,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1933 By: Hughes
A BILL TO BE ENTITLED
AN ACT
relating to certain oversight procedures of the state over county
elections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 31, Election Code, is
amended by adding Sections 31.017, 31.018, 31.019, 31.020, 31.021,
31.022, and 31.023 to read as follows:
Sec. 31.017. IMPLEMENTATION OF ADMINISTRATIVE OVERSIGHT OF
COUNTY ELECTION. The secretary of state's office may order
administrative oversight of a county office administering
elections or voter registration in the county if:
(1) an administrative election complaint is filed with
the secretary of state; and
(2) the secretary of state has good cause to believe
that a recurring pattern of problems with election administration
or voter registration exists in the county, including any:
(A) malfunction of voting system equipment;
(B) unfair distribution of election supplies;
(C) errors in tabulation of results;
(D) delays in reporting election returns;
(E) discovery of voted ballots after the polls
close; and
(F) failure to conduct maintenance activities on
the lists of registered voters as required under this code.
Sec. 31.018. NOTICE OF IMPLEMENTATION OF ADMINISTRATIVE
OVERSIGHT. (a) If the secretary of state determines
administrative oversight is necessary under Section 31.017, the
secretary shall provide written notice to the county judge and the
county election official with authority over election
administration or voter registration in the county of:
(1) the decision by the secretary to require
administrative oversight of the election administration or voter
registration activities in the county; and
(2) the designated period during which the oversight
will take place.
(b) The administrative oversight authority under this
subchapter must continue until at least December 31 of the first
even-numbered year following the year in which the secretary
provides notice under Subsection (a).
Sec. 31.019. ADMINISTRATIVE OVERSIGHT ACTIVITIES. (a) The
authority of administrative oversight over a county granted to the
secretary of state under this subchapter must:
(1) require the approval and review of any policies or
procedures adopted by the county election office subject to the
oversight by the secretary of state; and
(2) authorize all appropriate personnel in the
secretary of state's office to conduct in-person observations of
the county election office's activities, including any activities
related to voter registration, election preparation, early voting,
election day, and post-election day procedures.
(b) The county election office subject to the
administrative oversight shall provide sufficient access to the
appropriate personnel in the secretary of state's office to perform
their duties under Subsection (a).
Sec. 31.020. QUARTERLY REPORT ON OVERSIGHT ACTIVITIES. (a)
Once each quarter during the period designated by the secretary of
state for administrative oversight under Section 31.018, the
secretary of state shall submit a report regarding the activities
of the administrative oversight personnel to the county election
official with authority over election administration or voter
registration in the county, the county judge, the county attorney,
and the chairs of political parties holding primary elections in
the county.
(b) The secretary of state shall deliver the report required
by Subsection (a) in person to the county election commission or the
county commissioners court if requested by the commissioners court.
Sec. 31.021. TERMINATION OR EXTENSION OF OVERSIGHT. (a) At
the conclusion of the period designated by the secretary of state
for administrative oversight under Section 31.018, the secretary of
state shall issue a report to the county commissioners court
regarding:
(1) any remediation actions taken by the secretary of
state during the designated period; and
(2) the secretary's recommendation on whether further
administrative oversight of the county is necessary to ensure
proper election administration and voter registration in the
county.
(b) If the secretary of state determines that additional
oversight of the county is necessary, the report submitted under
Subsection (a) must include a detailed plan for the additional
oversight activities.
(c) If the secretary of state determines that no additional
oversight of the county is necessary, the secretary shall issue an
order terminating the administrative oversight of the county under
this subchapter.
Sec. 31.022. APPOINTMENT OF CONSERVATOR. (a) The
secretary of state shall appoint a conservator to oversee elections
in the county if at the conclusion of the period designated by the
secretary for administrative oversight under Section 31.018, the
secretary determines that:
(1) the recurring pattern of problems with election
administration or voter registration, as described under Section
31.017(2), have not been properly remediated or continue to impede
the free exercise of a citizen's voting rights in the county; and
(2) an extension of administrative oversight under
Section 31.021(b) will not properly remediate the problems.
(b) If the county for which a conservator is appointed under
Subsection (a) has an appointed elections administrator under
Section 31.032, the secretary of state may provide a written
recommendation to the county election commission for the suspension
or termination of the elections administrator.
(c) Notwithstanding any other provision of this subchapter,
the secretary of state may immediately appoint a conservator to
oversee elections in a county, regardless of whether administrative
oversight of the county has been previously conducted under this
subchapter, if the secretary has good cause to determine that:
(1) a recurring pattern of problems with election
administration or voter registration, as described under Section
31.017(2), exists and substantially impedes the free exercise of a
citizen's voting rights within the preceding two years; and
(2) the immediate appointment of a conservator is
necessary to properly remediate the problems.
(d) If a conservator is immediately appointed under
Subsection (c), the secretary of state may simultaneously authorize
the administrative oversight of the county to be conducted in the
manner provided by this subchapter.
(e) A conservator appointed under this section serves until
the first uniform election date after the secretary of state
determines that the recurring pattern of problems with election
administration or voter registration, as described under Section
31.017(2), is rectified.
Sec. 31.023. RULES. The secretary of state may adopt rules
necessary to implement the administrative oversight of a county as
provided under this subchapter.
SECTION 2. Section 127.351, Election Code, is amended by
amending Subsections (a) and (d) and adding Subsections (e) and (f)
to read as follows:
(a) Immediately after the uniform election date in November
of an even-numbered year, the secretary of state shall conduct an
audit of the elections held on the uniform election date in four
counties during the previous two years.
(d) If the secretary of state completes the audit of a
county under Subsection (b)(1) before the end of a two-year period,
the secretary may randomly select another county with a total
population of less than 300,000 to be audited.
(e) If not later than July 31 of the first odd-numbered year
following the commencement of an audit under this section, the
audit findings demonstrate to the secretary of state that a
recurring pattern of problems with election administration or voter
registration, as described under Section 31.017(2), exists in an
audited county and the problems impede the free exercise of a
citizen's voting rights, the secretary:
(1) shall:
(A) publicly release the preliminary findings of
the audit; and
(B) recommend the county for administrative
oversight under Subchapter A, Chapter 31; and
(2) may conduct an audit of other elections held in the
county in the previous two years, as determined necessary by the
secretary.
(f) The secretary of state shall adopt rules as necessary to
implement this section.
SECTION 3. This Act takes effect September 1, 2023.
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