S.B. No. 1933
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. This Act may be cited as the Alan Vera Election
Accountability Act of 2023.
SECTION 2. Subchapter A, Chapter 31, Election Code, is
amended by adding Sections 31.017, 31.018, 31.019, 31.020, 31.021,
and 31.022 to read as follows:
Sec. 31.017. IMPLEMENTATION OF ADMINISTRATIVE OVERSIGHT OF
COUNTY ELECTION. (a) In a county with a population of more than 4
million, 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 by a person who participated in the relevant
election as:
(A) a candidate;
(B) a county chair or state chair of a political
party;
(C) a presiding judge;
(D) an alternate presiding judge; or
(E) the head of a specific-purpose political
committee that supports or opposes a measure;
(2) the secretary of state has provided notice to the
county election official with authority over election
administration or voter registration under Section 31.018; and
(3) the secretary of state, after conducting an
investigation under Section 31.019, has good cause to believe that
a recurring pattern of problems with election administration or
voter registration exists in the county, including any recurring:
(A) malfunction of voting system equipment that
prevents a voter from casting a vote;
(B) carelessness or official misconduct in the
distribution of election supplies;
(C) errors in the tabulation of results that
would have affected the outcome of an election;
(D) violations of Section 66.053;
(E) discovery of properly executed voted ballots
after the canvass of an election that were not counted; or
(F) failure to conduct maintenance activities on
the lists of registered voters as required under this code.
(b) The secretary of state shall make a determination on
whether to implement administrative oversight under Subsection (a)
not later than the 30th day after the earliest of:
(1) the day a response by the county election official
with authority over election administration or voter registration
is received by the secretary of state under Section 31.018;
(2) the last day the county election official with
authority over election administration or voter registration could
provide a response to the secretary of state under Section 31.018;
or
(3) the day the report on the findings of an
investigation is provided to the county election official with
authority over election administration or voter registration under
Section 31.019.
Sec. 31.018. NOTICE OF COMPLAINT. (a) In a county with a
population of more than 4 million and not later than the 30th day
after receiving an administrative election complaint under Section
31.017(a)(1), the secretary of state shall provide notice of the
complaint to the applicable county election official with authority
over election administration or voter registration, including the
specific allegations against the election official in the
complaint.
(b) Subject to Subsection (c), not later than the 30th day
after receiving notice of the administrative election complaint
under Subsection (a), the county election official with authority
over election administration or voter registration may provide a
response with any supporting documentation relating to the
complaint or the allegations in the complaint to the secretary of
state.
(c) If the administrative election complaint filed under
Section 31.017(a)(1) concerns an election for which voting by
personal appearance has begun and the final canvass has not been
completed, the county election official with authority over
election administration or voter registration must provide a
response under Subsection (b) not later than 72 hours after
receiving notice of the complaint under Subsection (a).
Sec. 31.019. INVESTIGATION OF COMPLAINT. (a) In a county
with a population of more than 4 million, the secretary of state may
direct personnel in the secretary of state's office to conduct an
investigation on an administrative election complaint received
under Section 31.017(a)(1) and must consider any response or
supporting documentation provided by the county election official
with authority over election administration or voter registration
under Section 31.018, if applicable.
(b) If the secretary of state decides to conduct an
investigation under Subsection (a), the secretary must provide the
county election official with authority over election
administration or voter registration notice of the determination to
conduct the investigation.
(c) After completing an investigation under this section,
the secretary of state must provide a report on the findings of the
investigation to:
(1) the county election official with authority over
election administration or voter registration; and
(2) the individual who filed the administrative
election complaint under Section 31.017(a)(1).
Sec. 31.020. COUNTY ELECTION OFFICE OVERSIGHT BY SECRETARY.
(a) If the secretary of state implements administrative oversight
under Section 31.017, the secretary shall provide written notice to
the county election official with authority over election
administration or voter registration and the county judge of the
determination by the secretary to implement administrative
oversight in the county. The notice must include the specific
recurring pattern of problems with election administration or voter
registration identified by the secretary under Section
31.017(a)(3).
(b) The authority of administrative oversight over a county
granted to the secretary of state under this subchapter must
include:
(1) requiring the approval and review by the secretary
of state of any policies or procedures regarding the administration
of elections issued by the county; and
(2) authorizing 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 election preparation, early voting, election day, and
post-election day procedures.
(c) The county election office being overseen by the
secretary of state shall provide sufficient access to the
appropriate personnel in the secretary of state's office to perform
their duties under Subsection (b).
(d) Once each quarter during the period when the secretary
of state is overseeing elections in a county under Subsection (a),
the secretary shall submit a report regarding the activities of the
oversight personnel to the members of the county election
commission and the county attorney.
(e) The secretary of state shall deliver the report required
by Subsection (d) in person to the county commissioners court if
requested by the commissioners court.
(f) The secretary of state shall conduct the administrative
oversight of a county until the earlier of:
(1) December 31 of the even-numbered year following
the first anniversary of the date the complaint was received under
Section 31.017(a)(1); or
(2) the date on which the secretary of state
determines that the recurring pattern of problems with election
administration or voter registration is rectified.
Sec. 31.021. REMOVAL OR TERMINATION OF COUNTY ELECTION
OFFICIAL AFTER ADMINISTRATIVE OVERSIGHT. (a) At the conclusion of
administrative oversight under this subchapter, if the recurring
pattern of problems with election administration or voter
registration is not rectified or continues to impede the free
exercise of a citizen's voting rights in the county, the secretary
of state may file a petition for the removal under Section 87.015,
Local Government Code, of the applicable county officer with
authority over election administration or voter registration.
(b) At the conclusion of administrative oversight under
this subchapter, the secretary of state may enter a written order to
terminate the employment of a county elections administrator, in a
county that has the position, under Section 31.037(b).
Sec. 31.022. RULES. The secretary of state may adopt rules
necessary to implement the administrative oversight of a county as
provided under this subchapter.
SECTION 3. Section 31.037, Election Code, is amended to
read as follows:
Sec. 31.037. SUSPENSION OR TERMINATION OF EMPLOYMENT. (a)
The employment of the county elections administrator may be
suspended, with or without pay, or terminated at any time for good
and sufficient cause on the four-fifths vote of the county election
commission and approval of that action by a majority vote of the
commissioners court.
(b) In a county with a population of more than 4 million, the
secretary of state may enter a written order to terminate the
employment of a county elections administrator at the conclusion of
administrative oversight of the county elections administrator's
office under Subchapter A if the recurring pattern of problems with
election administration or voter registration is not rectified or
continues to impede the free exercise of a citizen's voting rights
in the county.
SECTION 4. 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(a)(3), 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 5. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1933 passed the Senate on
April 13, 2023, by the following vote: Yeas 19, Nays 11;
May 25, 2023, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 26, 2023, House
granted request of the Senate; May 28, 2023, Senate adopted
Conference Committee Report by the following vote: Yeas 19,
Nays 12.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1933 passed the House, with
amendments, on May 23, 2023, by the following vote: Yeas 81,
Nays 59, one present not voting; May 26, 2023, House granted
request of the Senate for appointment of Conference Committee;
May 28, 2023, House adopted Conference Committee Report by the
following vote: Yeas 84, Nays 58, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor