Texas 2025 - 89th Regular

Texas House Bill HB3491

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to processes to address election irregularities; providing a civil penalty.

Impact

Furthermore, HB 3491 empowers the Secretary of State to conduct audits if initial documentation provided by local officials is deemed insufficient. Should violations be found, the Secretary has the authority to impose civil penalties on counties or election authorities that fail to rectify the identified issues within a specified timeframe. This framework is intended to enhance the integrity of elections in Texas by providing mechanisms for scrutiny and correction of potential discrepancies in election management.

Outlook

HB 3491 represents a significant shift in the regulatory landscape of Texas elections, aiming for increased scrutiny while also necessitating a careful consideration of the implications for local election administration. If passed, the bill will go into effect on September 1, 2025, urging local officials and stakeholders to prepare for new procedures regarding the handling of election-related inquiries.

Summary

House Bill 3491 aims to establish clear processes for addressing election irregularities in Texas. The bill introduces a new chapter in the Election Code, allowing individuals involved in elections, such as candidates and party officials, to request explanations and documentation from election authorities regarding perceived violations of election laws or irregularities in vote counting. The bill mandates timely responses from the relevant authorities to ensure transparency and accountability in the electoral process.

Contention

While proponents of the bill argue it is crucial for maintaining public trust in elections, the introduction of civil penalties raises concerns regarding the potential for misuse. Critics suggest that enabling any individual to request audits could lead to frivolous challenges and create burdens for election officials, possibly undermining the efficiency of election processes. The balance between ensuring election integrity and preventing unnecessary complications is a notable point of contention among stakeholders.

Texas Constitutional Statutes Affected

Election Code

  • Chapter 16. Cancellation Of Registration
    • Section: New Section
    • Section: New Section

Companion Bills

TX SB505

Similar To Relating to processes to address election irregularities; providing a civil penalty.

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