Texas 2025 - 89th Regular

Texas House Bill HB3491 Compare Versions

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Version 2 (New)

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1	1		By: Toth H.B. No. 3491
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6	4		A BILL TO BE ENTITLED
7	5		AN ACT
8	6		relating to processes to address election irregularities;
9	7		providing a civil penalty.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		SECTION 1. Title 16, Election Code, is amended by adding
12	10		Chapter 280 to read as follows:
13	11		CHAPTER 280. REQUEST TO ADDRESS ELECTION IRREGULARITY
14	12		Sec. 280.001. REQUEST FOR EXPLANATION. (a) A person
15	13		described by Subsection (f) may issue a written request to the
16	14		county clerk or other authority conducting an election for an
17	15		explanation and supporting documentation for:
18	16		(1) an action taken by an election officer that
19	17		appears to violate this code;
20	18		(2) irregularities in results in a precinct or at a
21	19		polling place or early voting polling place;
22	20		(3) inadequacy or irregularity of documentation
23	21		required to be maintained under this code; or
24	22		(4) discrepancies in the results of a reconciliation
25	23		of ballots between the number of voters and the number of votes
26	24		cast.
27	25		(b) Not later than the 20th day after the date a request is
28	26		received under Subsection (a), the county clerk or other authority
29	27		shall provide the requestor the requested explanation and any
30	28		supporting documentation.
31	29		(c) A requestor who is not satisfied with the explanation
32	30		and supporting documentation provided under Subsection (b) may
33	31		issue a request for further explanation and supporting
34	32		documentation to the county clerk or other authority.
35	33		(d) Not later than the 10th day after the date a request is
36	34		received under Subsection (c), the county clerk or other authority
37	35		shall provide the requestor the requested explanation and any
38	36		supporting documentation.
39	37		(e) A requestor who is not satisfied with the explanation
40	38		and supporting documentation provided under Subsection (d) may
41	39		issue a request to the secretary of state for an audit of the issue
42	40		described by Subsection (a), as provided by Section 280.002.
43	41		(f) A person may make a request under this section if the
44	42		person participated in the relevant election as:
45	43		(1) a candidate;
46	44		(2) a county chair or state chair of a political party;
47	45		(3) a presiding judge;
48	46		(4) an alternate presiding judge; or
49	47		(5) the head of a specific-purpose political committee
50	48		that supports or opposes a ballot measure.
51	49		Sec. 280.002. AUDIT BY SECRETARY OF STATE. (a) A person to
52	50		whom Section 280.001(e) applies may submit a request for an audit to
53	51		the secretary of state for investigation. A request for an audit
54	52		must include copies of:
55	53		(1) the requests made by the person to the county clerk
56	54		or other authority conducting the election under Sections
57	55		280.001(a) and (c); and
58	56		(2) the explanations and any supporting documentation
59	57		provided by the county clerk or other authority to the person under
60	58		Sections 280.001(b) and (d).
61	59		(b) Not later than the 30th day after the date the secretary
62	60		of state receives a request for an audit under this section, the
63	61		secretary must determine whether the information submitted under
64	62		Subsection (a) sufficiently explains the irregularity identified
65	63		under Section 280.001(a). If the information is insufficient, the
66	64		secretary of state shall immediately begin an audit of the
67	65		identified irregularity at the expense of the county or other
68	66		authority conducting the election.
69	67		(c) The county clerk or other authority conducting the
70	68		election shall cooperate with the office of the secretary of state
71	69		and may not interfere with or obstruct the audit.
72	70		(d) On conclusion of the audit, the secretary of state shall
73	71		provide notice of the findings of the audit to the person who
74	72		submitted the request for the audit and the county clerk or other
75	73		authority conducting the election.
76	74		(e) The secretary of state may, in the secretary's
77	75		discretion, make a determination that a violation of this code has
78	76		occurred solely on the basis of evidence submitted under Subsection
79	77		(a) without conducting an audit. The secretary of state shall send
80	78		notice of the determination to the person who submitted the request
81	79		for the audit and to the county clerk or other authority conducting
82	80		the election.
83	81		(f) If, following an audit, the secretary of state
84	82		determines that a violation of this code has occurred, the
85	83		secretary may appoint a conservator to oversee elections in the
86	84		county where the violation occurred. The conservator shall serve
87	85		for two federal election cycles.
88	86		(g) A county for which a conservator is appointed under
89	87		Subsection (f) shall pay the costs of providing the conservator,
90	88		including the salary and benefits of the conservator.
91	89		Sec. 280.003. FINDING OF VIOLATION. (a) In addition to the
92	90		notice required under Section 280.002(d), the secretary of state
93	91		shall provide special notice to the county clerk or other authority
94	92		conducting an election detailing any violation of this code found
95	93		by the secretary under Section 280.002.
96	94		(b) If the county clerk or other authority conducting an
97	95		election does not remedy a violation detailed in a notice under
98	96		Subsection (a) by the 30th day after the date the clerk or other
99	97		authority receives the notice, the secretary of state shall assess
100	98		a civil penalty of $500 for each violation not remedied and, if
101	99		possible, remedy the violation on behalf of the county clerk or
102	100		other authority. The remedy provided under this subsection is in
103	101		addition to any other remedy available under law for a violation of
104	102		this code.
105	103		(c) If the secretary of state is not able to remedy the
106	104		violation on behalf of the county clerk or other authority, the
107	105		secretary shall assess an additional penalty under Subsection (b)
108	106		for each day the county clerk or other authority does not remedy the
109	107		violation until the violation is remedied.
110	108		(d) The secretary of state shall maintain a record of county
111	109		clerks or other authorities that conduct elections who have been
112	110		assessed a civil penalty under Subsection (b). The secretary of
113	111		state shall publish the record on the secretary of state's Internet
114	112		website.
115	113		(e) The attorney general may bring an action under this
116	114		section to recover a civil penalty that has not been paid.
117	115		(f) A civil penalty collected under this section shall be
118	116		deposited in the state treasury to the credit of the general revenue
119	117		fund.
120	118		SECTION 2. A person may make a request under Section
121	119		280.001, Election Code, as added by this Act, only for an election
122	120		held on or after the effective date of this Act.
123	121		SECTION 3. This Act takes effect September 1, 2025.