89R4599 JDK-F
By: Leach H.B. No. 2773
A BILL TO BE ENTITLED
AN ACT
relating to the unlawful altering of election procedures; providing
a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 276.019, Election Code, is amended to
read as follows:
Sec. 276.019. UNLAWFUL ALTERING OF ELECTION PROCEDURES;
CIVIL PENALTY. (a) A public official or election official may not
create, alter, modify, waive, or suspend any election standard,
practice, or procedure mandated by law or rule in a manner not
expressly authorized by this code.
(b) After the secretary of state receives or discovers
information indicating that a public official or election official
has violated Subsection (a), the secretary of state shall
investigate the standard, practice, or procedure appearing to have
violated Subsection (a). If the secretary of state determines that
a violation of Subsection (a) has occurred, the secretary of state
shall send to the public official or election official determined
to have violated that subsection:
(1) notification of the secretary of state's
determination;
(2) a demand that the official immediately cease the
implementation or enforcement of the standard, practice, or
procedure determined to have violated Subsection (a); and
(3) instructions for the specific actions necessary
for compliance with Subsection (a).
(c) If, more than two days after receiving notification
under Subsection (b), a public official or election official does
not comply with Subsection (a) as instructed under Subsection
(b)(3), the secretary of state shall:
(1) notify the attorney general that the official may
be subject to a civil penalty under Subsection (d); and
(2) forward to the attorney general any documents or
information received, discovered, or created during the secretary
of state's investigation under Subsection (b).
(d) A public official or election official is liable to this
state for a civil penalty for each day that the official fails or
refuses to take an affirmative action to comply with Subsection (a)
in an amount not to exceed:
(1) $1,000 per day for each day after the second day
and on or before the seventh day after receiving a notice under
Subsection (b); or
(2) $5,000 per day for each day after the seventh day
after receiving a notice under Subsection (b).
(e) The attorney general may bring an action to recover a
civil penalty imposed under Subsection (d).
(f) A civil penalty collected by the attorney general under
this section shall be deposited in the state treasury to the credit
of the general revenue fund.
(g) Documents or information received, discovered, or
created during the secretary of state's investigation under
Subsection (b) are confidential and not subject to disclosure under
Chapter 552, Government Code, unless the secretary of state or
attorney general has determined that a complaint submitted to the
secretary of state under this section will not be further
investigated or the subject of any further proceedings or actions.
SECTION 2. This Act takes effect September 1, 2025.