By: Bettencourt, Creighton S.B. No. 1541
A BILL TO BE ENTITLED
AN ACT
relating to state oversight of county elections following a county
election audit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.017, Election Code, is amended to
read as follows:
Sec. 31.017. IMPLEMENTATION OF ADMINISTRATIVE OVERSIGHT OF
COUNTY ELECTION. (a) The [In a county with a population of more
than 4 million, the] secretary of state's office may order
administrative oversight of a county office administering
elections or voter registration in the county:
(1) under Section 127.351; or
(2) if, in a county with a population of more than 4
million:
(A) [(1)] an administrative election complaint
is filed with the secretary of state by a person who participated in
the relevant election as:
(i) [(A)] a candidate;
(ii) [(B)] a county chair or state chair of
a political party;
(iii) [(C)] a presiding judge;
(iv) [(D)] an alternate presiding judge; or
(v) [(E)] the head of a specific-purpose
political committee that supports or opposes a measure;
(B) [(2)] the secretary of state has provided
notice to the county election official with authority over election
administration or voter registration under Section 31.018; and
(C) [(3)] the secretary of state, after
conducting an investigation under Section 31.019, has good cause to
believe that a recurring pattern of problems with election
administration or voter registration exists in the county,
including any recurring:
(i) [(A)] malfunction of voting system
equipment that prevents a voter from casting a vote;
(ii) [(B)] carelessness or official
misconduct in the distribution of election supplies;
(iii) [(C)] errors in the tabulation of
results that would have affected the outcome of an election;
(iv) [(D)] violations of Section 66.053;
(v) [(E)] discovery of properly executed
voted ballots after the canvass of an election that were not
counted; or
(vi) [(F)] failure to conduct maintenance
activities on the lists of registered voters as required under this
code.
(b) The secretary of state shall make a determination on
whether to implement administrative oversight under Subsection (a)
not later than the 30th day after the earliest of:
(1) the day a response by the county election official
with authority over election administration or voter registration
is received by the secretary of state under Section 31.018;
(2) the last day the county election official with
authority over election administration or voter registration could
provide a response to the secretary of state under Section 31.018;
[or]
(3) the day the report on the findings of an
investigation is provided to the county election official with
authority over election administration or voter registration under
Section 31.019; or
(4) the monitoring period under Section 127.351 has
expired.
SECTION 2. Sections 31.018(a) and (c), Election Code, are
amended to read as follows:
(a) In a county with a population of more than 4 million and
not later than the 30th day after receiving an administrative
election complaint under Section 31.017(a)(2)(A) [31.017(a)(1)],
the secretary of state shall provide notice of the complaint to the
applicable county election official with authority over election
administration or voter registration, including the specific
allegations against the election official in the complaint.
(c) If the administrative election complaint filed under
Section 31.017(a)(2)(A) [31.017(a)(1)] concerns an election for
which voting by personal appearance has begun and the final canvass
has not been completed, the county election official with authority
over election administration or voter registration must provide a
response under Subsection (b) not later than 72 hours after
receiving notice of the complaint under Subsection (a).
SECTION 3. Sections 31.019(a) and (c), Election Code, are
amended to read as follows:
(a) In a county with a population of more than 4 million, the
secretary of state may direct personnel in the secretary of state's
office to conduct an investigation on an administrative election
complaint received under Section 31.017(a)(2)(A) [31.017(a)(1)]
and must consider any response or supporting documentation provided
by the county election official with authority over election
administration or voter registration under Section 31.018, if
applicable.
(c) After completing an investigation under this section,
the secretary of state must provide a report on the findings of the
investigation to:
(1) the county election official with authority over
election administration or voter registration; and
(2) the individual who filed the administrative
election complaint under Section 31.017(a)(2)(A) [31.017(a)(1)].
SECTION 4. Sections 31.020(a) and (f), Election Code, are
amended to read as follows:
(a) If the secretary of state implements administrative
oversight under Section 31.017, the secretary shall provide written
notice to the county election official with authority over election
administration or voter registration and the county judge of the
determination by the secretary to implement administrative
oversight in the county. The notice must include the specific
recurring pattern of problems with election administration or voter
registration identified by the secretary and as described by
[under] Section 31.017(a)(2)(C) [31.017(a)(3)].
(f) The secretary of state shall conduct the administrative
oversight of a county until the earlier of:
(1) December 31 of the even-numbered year following
the first anniversary of the date the complaint was received under
Section 31.017(a)(2)(A) [31.017(a)(1)];
(2) December 31 of the even-numbered year following
the first anniversary of the secretary of state's decision to
administer administrative oversight under Section 127.351; or
(3) [(2)] the date on which the secretary of state
determines that the recurring pattern of problems with election
administration or voter registration is rectified.
SECTION 5. Section 31.037(b), Election Code, is amended to
read as follows:
(b) The [In a county with a population of more than 4
million, the] secretary of state may 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 this subchapter [Subchapter A] 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.
SECTION 6. Section 127.351, Election Code, is amended by
amending Subsection (e) and adding Subsection (e-1) to read as
follows:
(e) If [not later than July 31 of the first odd-numbered
year following the commencement of an audit under this section,]
the audit findings demonstrate to the secretary of state that a
recurring pattern of problems with election administration or voter
registration, as described under Section 31.017(a)(2)(C)
[31.017(a)(3)], exists in an audited county and the problems impede
the free exercise of a citizen's voting rights, the secretary:
(1) shall[:
[(A)] publicly release the [preliminary]
findings of the audit[;] and either:
(A) [(B)] recommend the county for
administrative oversight under Subchapter A, Chapter 31; or
(B) coordinate with the applicable county
election official to develop a plan to remedy the identified
problems; and
(2) may conduct, as determined necessary by the
secretary:
(A) an audit of other elections held in the
county in the previous two years; or
(B) an audit of other elections held within 12
months of the completion of an audit under this section[, as
determined necessary by the secretary].
(e-1) The secretary of state may monitor compliance with a
plan developed under Subsection (e)(1)(B) for a year following the
creation of the plan. If the secretary of state determines the
county has failed to adequately implement the plan developed, the
secretary of state may order administrative oversight in accordance
with Subsection (e).
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.