Texas 2025 - 89th Regular

Texas House Bill HB968 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Toth H.B. No. 968
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to processes to address election irregularities;
9	9	providing a civil penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Title 16, Election Code, is amended by adding
12	12	Chapter 280 to read as follows:
13	13	CHAPTER 280. REQUEST TO ADDRESS ELECTION IRREGULARITY
14	14	Sec. 280.001. REQUEST FOR EXPLANATION. (a) A person
15	15	described by Subsection (f) may issue a written request to the
16	16	county clerk for an explanation and supporting documentation for:
17	17	(1) an action taken by an election officer that
18	18	appears to violate this code;
19	19	(2) irregularities in precinct results; or
20	20	(3) inadequacy or irregularity of documentation
21	21	required to be maintained under this code.
22	22	(b) Not later than the 20th day after the date a request is
23	23	received under Subsection (a), a county clerk shall provide the
24	24	requested explanation and any supporting documentation.
25	25	(c) A requestor who is not satisfied with the explanation
26	26	and supporting documentation provided under Subsection (b) may
27	27	issue a request for further explanation and supporting
28	28	documentation to the county clerk.
29	29	(d) Not later than the 10th day after the date a request is
30	30	received under Subsection (c), the county clerk shall provide the
31	31	requested explanation and any supporting documentation.
32	32	(e) A requestor who is not satisfied with the explanation
33	33	and supporting documentation provided under Subsection (d) may
34	34	issue a request to the secretary of state for an audit of the issue
35	35	described by Subsection (a), as provided by Section 280.002.
36	36	(f) A person may make a request under this section if the
37	37	person participated in the relevant election as:
38	38	(1) a candidate;
39	39	(2) a county chair of a political party;
40	40	(3) a presiding judge;
41	41	(4) an alternate presiding judge; or
42	42	(5) the head of a specific-purpose political committee
43	43	that supports or opposes a ballot measure.
44	44	Sec. 280.002. AUDIT BY SECRETARY OF STATE. (a) A person to
45	45	whom Section 280.001(e) applies may submit a request for an audit to
46	46	the secretary of state for investigation. A request for an audit
47	47	must include copies of:
48	48	(1) the requests made by the person to the person's
49	49	county clerk under Sections 280.001(a) and (c);
50	50	(2) the explanations provided by the county clerk to
51	51	the person under Sections 280.001(b) and (d); and
52	52	(3) any supporting documentation provided by the
53	53	county clerk to the person under Sections 280.001(b) and (d).
54	54	(b) Not later than the 30th day after the date the secretary
55	55	of state receives a request for an audit under this section, the
56	56	secretary must determine whether the information submitted under
57	57	Subsection (a) sufficiently explains the irregularity identified
58	58	under Section 280.001(a). If the information is insufficient, the
59	59	secretary shall immediately begin an audit of the identified
60	60	irregularity at the expense of the county.
61	61	(c) The county clerk shall cooperate with the office of the
62	62	secretary of state and may not interfere with or obstruct the audit.
63	63	(d) On conclusion of the audit, the secretary of state shall
64	64	provide notice of the findings of the audit to the person who
65	65	submitted the request for the audit and the county clerk.
66	66	Sec. 280.003. FINDING OF VIOLATION. (a) In addition to the
67	67	notice required under Section 280.002(d), the secretary of state
68	68	shall provide special notice to a county clerk detailing any
69	69	violation of this code found during the conduct of an audit under
70	70	Section 280.002.
71	71	(b) If the county clerk does not remedy a violation detailed
72	72	in a notice under Subsection (a) by the 30th day after the date the
73	73	clerk receives the notice, the secretary of state shall assess a
74	74	civil penalty of $500 for each violation not remedied and, if
75	75	possible, remedy the violation on behalf of the county clerk. The
76	76	remedy provided under this subsection is in addition to any other
77	77	remedy available under law for a violation of this code.
78	78	(c) If the secretary of state is not able to remedy the
79	79	violation on behalf of the county clerk, the secretary shall assess
80	80	an additional penalty under Subsection (b) for each day the county
81	81	clerk does not remedy the violation until the violation is
82	82	remedied.
83	83	(d) The secretary of state shall maintain a record of county
84	84	clerks who have been assessed a civil penalty under Subsection (b).
85	85	The secretary of state shall publish the record on the secretary of
86	86	state's Internet website.
87	87	(e) The attorney general may bring an action under this
88	88	section to recover a civil penalty that has not been paid.
89	89	(f) A civil penalty collected under this section shall be
90	90	deposited in the state treasury to the credit of the general revenue
91	91	fund.
92	92	SECTION 2. A person may make a request under Section
93	93	280.001, Election Code, as added by this Act, only for an election
94	94	held on or after the effective date of this Act.
95	95	SECTION 3. This Act takes effect September 1, 2025.