By: Bettencourt S.B. No. 823
(In the Senate - Filed February 10, 2023; March 1, 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. 823 By: Hughes
A BILL TO BE ENTITLED
AN ACT
relating to the suspension of a county elections administrator.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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) The secretary of state may enter a written order to
suspend the employment of a county elections administrator at any
time 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
exists in the county served by the administrator, 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; and
(E) discovery of voted ballots after the polls
close.
SECTION 2. Section 31.038, Election Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) Except as provided by Subsection (c), a [A] vacancy in
the position of county elections administrator is filled by
appointment of the county election commission.
(c) A vacancy created by the suspension of a county
elections administrator under Section 31.037(b) is filled by
appointment of the secretary of state. An elections administrator
appointed by the secretary of state under this subsection serves
until the first uniform election date after the secretary
determines that the recurring pattern of problems with election
administration is rectified.
SECTION 3. This Act takes effect September 1, 2023.
* * * * *