| 1 | 1 | | By: Bettencourt S.B. No. 823 |
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| 2 | 2 | | (In the Senate - Filed February 10, 2023; March 1, 2023, |
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| 3 | 3 | | read first time and referred to Committee on State Affairs; |
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| 4 | 4 | | April 6, 2023, reported adversely, with favorable Committee |
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| 5 | 5 | | Substitute by the following vote: Yeas 8, Nays 2; April 6, 2023, |
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| 6 | 6 | | sent to printer.) |
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| 7 | 7 | | Click here to see the committee vote |
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| 8 | 8 | | COMMITTEE SUBSTITUTE FOR S.B. No. 823 By: Hughes |
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| 9 | 9 | | |
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| 10 | 10 | | |
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| 11 | 11 | | A BILL TO BE ENTITLED |
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| 12 | 12 | | AN ACT |
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| 13 | 13 | | relating to the suspension of a county elections administrator. |
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| 14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 15 | | SECTION 1. Section 31.037, Election Code, is amended to |
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| 16 | 16 | | read as follows: |
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| 17 | 17 | | Sec. 31.037. SUSPENSION OR TERMINATION OF EMPLOYMENT. |
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| 18 | 18 | | (a) The employment of the county elections administrator may be |
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| 19 | 19 | | suspended, with or without pay, or terminated at any time for good |
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| 20 | 20 | | and sufficient cause on the four-fifths vote of the county election |
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| 21 | 21 | | commission and approval of that action by a majority vote of the |
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| 22 | 22 | | commissioners court. |
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| 23 | 23 | | (b) The secretary of state may enter a written order to |
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| 24 | 24 | | suspend the employment of a county elections administrator at any |
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| 25 | 25 | | time if: |
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| 26 | 26 | | (1) an administrative election complaint is filed with |
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| 27 | 27 | | the secretary of state; and |
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| 28 | 28 | | (2) the secretary of state has good cause to believe |
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| 29 | 29 | | that a recurring pattern of problems with election administration |
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| 30 | 30 | | exists in the county served by the administrator, including any: |
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| 31 | 31 | | (A) malfunction of voting system equipment; |
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| 32 | 32 | | (B) unfair distribution of election supplies; |
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| 33 | 33 | | (C) errors in tabulation of results; |
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| 34 | 34 | | (D) delays in reporting election returns; and |
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| 35 | 35 | | (E) discovery of voted ballots after the polls |
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| 36 | 36 | | close. |
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| 37 | 37 | | SECTION 2. Section 31.038, Election Code, is amended by |
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| 38 | 38 | | amending Subsection (a) and adding Subsection (c) to read as |
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| 39 | 39 | | follows: |
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| 40 | 40 | | (a) Except as provided by Subsection (c), a [A] vacancy in |
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| 41 | 41 | | the position of county elections administrator is filled by |
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| 42 | 42 | | appointment of the county election commission. |
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| 43 | 43 | | (c) A vacancy created by the suspension of a county |
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| 44 | 44 | | elections administrator under Section 31.037(b) is filled by |
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| 45 | 45 | | appointment of the secretary of state. An elections administrator |
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| 46 | 46 | | appointed by the secretary of state under this subsection serves |
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| 47 | 47 | | until the first uniform election date after the secretary |
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| 48 | 48 | | determines that the recurring pattern of problems with election |
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| 49 | 49 | | administration is rectified. |
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| 50 | 50 | | SECTION 3. This Act takes effect September 1, 2023. |
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| 51 | 51 | | * * * * * |
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