BILL ANALYSIS Senate Research Center S.B. 1541 89R8062 JDK-D By: Bettencourt State Affairs 3/25/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Concerns have been raised by the Office of the Secretary of State about what they can do following their randomized election audits. S.B. 1541 gives them the ability to continually monitor elections for the next year and coordinate with local election officials to develop a plan to help remedy any identified issues. Lastly, if the counties do not remedy the identified issues the Office of the Secretary of State can place the county under administrative oversight. As proposed, S.B. 1541 amends current law relating to state oversight of county elections following a county election audit. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 31.07, Election code, as follows: Sec. 31.07. IMPLEMENTATION OF ADMINISTRATIVE OVERSIGHT OF COUNTY ELECTION. (a) Authorizes the office of the secretary of state (office) to order administrative oversight of a county office administering elections or voter registration in the county under Section 127.351 (Randomized County Audits) or if, in a county with a population of more than 4 million, certain circumstances are met. Makes nonsubstantive changes. (b) Requires the secretary of state (SOS) to make a determination on whether to implement administrative oversight under Subsection (a) not later than the 30th day after the earliest of certain dates, including the monitoring period under Section 127.351 has expired. Makes nonsubstantive changes to this subsection. SECTION 2. Amends Section 31.018(a) and (c), Election Code, to make conforming changes. SECTION 3. Amends Sections 31.019(a) and (c), Election Code, to make conforming changes. SECTION 4. Amends Sections 31.020(a) and (f), Election Code, as follows: (a) Requires that the written notice provided by SOS include the specific recurring pattern of problems with election administration or voter registration identified by SOS and as described by, rather than identified by SOS under, Section 31.017(a)(2)(C) (relating to authorizing the office to order administrative oversight, in a county with a population of more than 4 million, if SOS has good cause to believe that a recurring pattern of problems with election administration or voter registration exists in the county). Makes a conforming change. (f) Requires SOS to conduct the administrative oversight of a county until the earlier of certain dates, including December 31 of the even-numbered year following the first anniversary of SOS's decision to administer administrative oversight under Section 127.351. Makes nonsubstantive changes. SECTION 5. Amends Section 31.037(b), Election Code, as follows: (b) Authorizes SOS to enter a written order to terminate the employment of a county elections administrator at the conclusion of administrative oversight of the county elections administrator's office under Subchapter B (County Elections Administrator in Certain Counties), rather than Subchapter A (Secretary of State), if the recurring pattern of problems with election administration or voter registration is not rectified or continues to impede the free exercise of a citizen's voting rights in the county. Makes a conforming change. SECTION 6. Amends Section 127.351, Election Code, by amending Subsection (e) and adding Subsection (e-1), as follows: (e) Provides that, if the audit findings demonstrate to SOS that a recurring pattern of problems with election administration or voter registration, as described under Section 31.017(a)(2)(C), exists in an audited county and the problems impede the free exercise of a citizen's voting rights, SOS is: (1) required to publicly release the findings, rather than the preliminary findings, of the audit and either: (A) redesignates existing Paragraph (B) as Paragraph (A) and makes a nonsubstantive change; or (B) coordinate with the applicable county election official to develop a plan to remedy the identified problems; and (2) authorized to conduct, as determined necessary by SOS: (A) creates this paragraph from existing text and makes a nonsubstantive change; or (B) an audit of other elections held within 12 months of the completion of an audit under this section. Deletes existing text requiring SOS, if not later than July 31 of the first odd-numbered year following the commencement of an audit under this section, to take certain actions. Makes conforming and nonsubstantive changes. (e-1) Authorizes SOS to monitor compliance with a plan developed under Subsection (e)(1)(B) for a year following the creation of the plan. Authorizes SOS, if SOS has determined the county has failed to adequately implement the plan developed, to order administrative oversight in accordance with Subsection (e). SECTION 7. Effective date: upon passage or September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 1541
89R8062 JDK-D By: Bettencourt
State Affairs
3/25/2025
As Filed
Senate Research Center
S.B. 1541
89R8062 JDK-D
By: Bettencourt
State Affairs
3/25/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Concerns have been raised by the Office of the Secretary of State about what they can do following their randomized election audits. S.B. 1541 gives them the ability to continually monitor elections for the next year and coordinate with local election officials to develop a plan to help remedy any identified issues. Lastly, if the counties do not remedy the identified issues the Office of the Secretary of State can place the county under administrative oversight.
As proposed, S.B. 1541 amends current law relating to state oversight of county elections following a county election audit.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 31.07, Election code, as follows:
Sec. 31.07. IMPLEMENTATION OF ADMINISTRATIVE OVERSIGHT OF COUNTY ELECTION. (a) Authorizes the office of the secretary of state (office) to order administrative oversight of a county office administering elections or voter registration in the county under Section 127.351 (Randomized County Audits) or if, in a county with a population of more than 4 million, certain circumstances are met. Makes nonsubstantive changes.
(b) Requires the secretary of state (SOS) to make a determination on whether to implement administrative oversight under Subsection (a) not later than the 30th day after the earliest of certain dates, including the monitoring period under Section 127.351 has expired. Makes nonsubstantive changes to this subsection.
SECTION 2. Amends Section 31.018(a) and (c), Election Code, to make conforming changes.
SECTION 3. Amends Sections 31.019(a) and (c), Election Code, to make conforming changes.
SECTION 4. Amends Sections 31.020(a) and (f), Election Code, as follows:
(a) Requires that the written notice provided by SOS include the specific recurring pattern of problems with election administration or voter registration identified by SOS and as described by, rather than identified by SOS under, Section 31.017(a)(2)(C) (relating to authorizing the office to order administrative oversight, in a county with a population of more than 4 million, if SOS has good cause to believe that a recurring pattern of problems with election administration or voter registration exists in the county). Makes a conforming change.
(f) Requires SOS to conduct the administrative oversight of a county until the earlier of certain dates, including December 31 of the even-numbered year following the first anniversary of SOS's decision to administer administrative oversight under Section 127.351. Makes nonsubstantive changes.
SECTION 5. Amends Section 31.037(b), Election Code, as follows:
(b) Authorizes SOS to enter a written order to terminate the employment of a county elections administrator at the conclusion of administrative oversight of the county elections administrator's office under Subchapter B (County Elections Administrator in Certain Counties), rather than Subchapter A (Secretary of State), if the recurring pattern of problems with election administration or voter registration is not rectified or continues to impede the free exercise of a citizen's voting rights in the county. Makes a conforming change.
SECTION 6. Amends Section 127.351, Election Code, by amending Subsection (e) and adding Subsection (e-1), as follows:
(e) Provides that, if the audit findings demonstrate to SOS that a recurring pattern of problems with election administration or voter registration, as described under Section 31.017(a)(2)(C), exists in an audited county and the problems impede the free exercise of a citizen's voting rights, SOS is:
(1) required to publicly release the findings, rather than the preliminary findings, of the audit and either:
(A) redesignates existing Paragraph (B) as Paragraph (A) and makes a nonsubstantive change; or
(B) coordinate with the applicable county election official to develop a plan to remedy the identified problems; and
(2) authorized to conduct, as determined necessary by SOS:
(A) creates this paragraph from existing text and makes a nonsubstantive change; or
(B) an audit of other elections held within 12 months of the completion of an audit under this section.
Deletes existing text requiring SOS, if not later than July 31 of the first odd-numbered year following the commencement of an audit under this section, to take certain actions. Makes conforming and nonsubstantive changes.
(e-1) Authorizes SOS to monitor compliance with a plan developed under Subsection (e)(1)(B) for a year following the creation of the plan. Authorizes SOS, if SOS has determined the county has failed to adequately implement the plan developed, to order administrative oversight in accordance with Subsection (e).
SECTION 7. Effective date: upon passage or September 1, 2025.