Texas 2025 - 89th Regular

Texas Senate Bill SB1541 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Bettencourt, Creighton S.B. No. 1541
2		-
3		-
	1	+	By: Bettencourt S.B. No. 1541
	2	+	(In the Senate - Filed February 21, 2025; March 6, 2025,
	3	+	read first time and referred to Committee on State Affairs;
	4	+	April 7, 2025, reported favorably by the following vote: Yeas 10,
	5	+	Nays 0; April 7, 2025, sent to printer.)
	6	+	Click here to see the committee vote
4	7
5	8
6	9		A BILL TO BE ENTITLED
7	10		AN ACT
8	11		relating to state oversight of county elections following a county
9	12		election audit.
10	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	14		SECTION 1. Section 31.017, Election Code, is amended to
12	15		read as follows:
13	16		Sec. 31.017. IMPLEMENTATION OF ADMINISTRATIVE OVERSIGHT OF
14	17		COUNTY ELECTION. (a) The [In a county with a population of more
15	18		than 4 million, the] secretary of state's office may order
16	19		administrative oversight of a county office administering
17	20		elections or voter registration in the county:
18	21		(1) under Section 127.351; or
19	22		(2) if, in a county with a population of more than 4
20	23		million:
21	24		(A) [(1)] an administrative election complaint
22	25		is filed with the secretary of state by a person who participated in
23	26		the relevant election as:
24	27		(i) [(A)] a candidate;
25	28		(ii) [(B)] a county chair or state chair of
26	29		a political party;
27	30		(iii) [(C)] a presiding judge;
28	31		(iv) [(D)] an alternate presiding judge; or
29	32		(v) [(E)] the head of a specific-purpose
30	33		political committee that supports or opposes a measure;
31	34		(B) [(2)] the secretary of state has provided
32	35		notice to the county election official with authority over election
33	36		administration or voter registration under Section 31.018; and
34	37		(C) [(3)] the secretary of state, after
35	38		conducting an investigation under Section 31.019, has good cause to
36	39		believe that a recurring pattern of problems with election
37	40		administration or voter registration exists in the county,
38	41		including any recurring:
39	42		(i) [(A)] malfunction of voting system
40	43		equipment that prevents a voter from casting a vote;
41	44		(ii) [(B)] carelessness or official
42	45		misconduct in the distribution of election supplies;
43	46		(iii) [(C)] errors in the tabulation of
44	47		results that would have affected the outcome of an election;
45	48		(iv) [(D)] violations of Section 66.053;
46	49		(v) [(E)] discovery of properly executed
47	50		voted ballots after the canvass of an election that were not
48	51		counted; or
49	52		(vi) [(F)] failure to conduct maintenance
50	53		activities on the lists of registered voters as required under this
51	54		code.
52	55		(b) The secretary of state shall make a determination on
53	56		whether to implement administrative oversight under Subsection (a)
54	57		not later than the 30th day after the earliest of:
55	58		(1) the day a response by the county election official
56	59		with authority over election administration or voter registration
57	60		is received by the secretary of state under Section 31.018;
58	61		(2) the last day the county election official with
59	62		authority over election administration or voter registration could
60	63		provide a response to the secretary of state under Section 31.018;
61	64		[or]
62	65		(3) the day the report on the findings of an
63	66		investigation is provided to the county election official with
64	67		authority over election administration or voter registration under
65	68		Section 31.019; or
66	69		(4) the monitoring period under Section 127.351 has
67	70		expired.
68	71		SECTION 2. Sections 31.018(a) and (c), Election Code, are
69	72		amended to read as follows:
70	73		(a) In a county with a population of more than 4 million and
71	74		not later than the 30th day after receiving an administrative
72	75		election complaint under Section 31.017(a)(2)(A) [31.017(a)(1)],
73	76		the secretary of state shall provide notice of the complaint to the
74	77		applicable county election official with authority over election
75	78		administration or voter registration, including the specific
76	79		allegations against the election official in the complaint.
77	80		(c) If the administrative election complaint filed under
78	81		Section 31.017(a)(2)(A) [31.017(a)(1)] concerns an election for
79	82		which voting by personal appearance has begun and the final canvass
80	83		has not been completed, the county election official with authority
81	84		over election administration or voter registration must provide a
82	85		response under Subsection (b) not later than 72 hours after
83	86		receiving notice of the complaint under Subsection (a).
84	87		SECTION 3. Sections 31.019(a) and (c), Election Code, are
85	88		amended to read as follows:
86	89		(a) In a county with a population of more than 4 million, the
87	90		secretary of state may direct personnel in the secretary of state's
88	91		office to conduct an investigation on an administrative election
89	92		complaint received under Section 31.017(a)(2)(A) [31.017(a)(1)]
90	93		and must consider any response or supporting documentation provided
91	94		by the county election official with authority over election
92	95		administration or voter registration under Section 31.018, if
93	96		applicable.
94	97		(c) After completing an investigation under this section,
95	98		the secretary of state must provide a report on the findings of the
96	99		investigation to:
97	100		(1) the county election official with authority over
98	101		election administration or voter registration; and
99	102		(2) the individual who filed the administrative
100	103		election complaint under Section 31.017(a)(2)(A) [31.017(a)(1)].
101	104		SECTION 4. Sections 31.020(a) and (f), Election Code, are
102	105		amended to read as follows:
103	106		(a) If the secretary of state implements administrative
104	107		oversight under Section 31.017, the secretary shall provide written
105	108		notice to the county election official with authority over election
106	109		administration or voter registration and the county judge of the
107	110		determination by the secretary to implement administrative
108	111		oversight in the county. The notice must include the specific
109	112		recurring pattern of problems with election administration or voter
110	113		registration identified by the secretary and as described by
111	114		[under] Section 31.017(a)(2)(C) [31.017(a)(3)].
112	115		(f) The secretary of state shall conduct the administrative
113	116		oversight of a county until the earlier of:
114	117		(1) December 31 of the even-numbered year following
115	118		the first anniversary of the date the complaint was received under
116	119		Section 31.017(a)(2)(A) [31.017(a)(1)];
117	120		(2) December 31 of the even-numbered year following
118	121		the first anniversary of the secretary of state's decision to
119	122		administer administrative oversight under Section 127.351; or
120	123		(3) [(2)] the date on which the secretary of state
121	124		determines that the recurring pattern of problems with election
122	125		administration or voter registration is rectified.
123	126		SECTION 5. Section 31.037(b), Election Code, is amended to
124	127		read as follows:
125	128		(b) The [In a county with a population of more than 4
126	129		million, the] secretary of state may enter a written order to
127	130		terminate the employment of a county elections administrator at the
128	131		conclusion of administrative oversight of the county elections
129	132		administrator's office under this subchapter [Subchapter A] if the
130	133		recurring pattern of problems with election administration or voter
131	134		registration is not rectified or continues to impede the free
132	135		exercise of a citizen's voting rights in the county.
133	136		SECTION 6. Section 127.351, Election Code, is amended by
134	137		amending Subsection (e) and adding Subsection (e-1) to read as
135	138		follows:
136	139		(e) If [not later than July 31 of the first odd-numbered
137	140		year following the commencement of an audit under this section,]
138	141		the audit findings demonstrate to the secretary of state that a
139	142		recurring pattern of problems with election administration or voter
140	143		registration, as described under Section 31.017(a)(2)(C)
141	144		[31.017(a)(3)], exists in an audited county and the problems impede
142	145		the free exercise of a citizen's voting rights, the secretary:
143	146		(1) shall[:
144	147		[(A)] publicly release the [preliminary]
145	148		findings of the audit[;] and either:
146	149		(A) [(B)] recommend the county for
147	150		administrative oversight under Subchapter A, Chapter 31; or
148	151		(B) coordinate with the applicable county
149	152		election official to develop a plan to remedy the identified
150	153		problems; and
151	154		(2) may conduct, as determined necessary by the
152	155		secretary:
153	156		(A) an audit of other elections held in the
154	157		county in the previous two years; or
155	158		(B) an audit of other elections held within 12
156	159		months of the completion of an audit under this section[, as
157	160		determined necessary by the secretary].
158	161		(e-1) The secretary of state may monitor compliance with a
159	162		plan developed under Subsection (e)(1)(B) for a year following the
160	163		creation of the plan. If the secretary of state determines the
161	164		county has failed to adequately implement the plan developed, the
162	165		secretary of state may order administrative oversight in accordance
163	166		with Subsection (e).
164	167		SECTION 7. This Act takes effect immediately if it receives
165	168		a vote of two-thirds of all the members elected to each house, as
166	169		provided by Section 39, Article III, Texas Constitution. If this
167	170		Act does not receive the vote necessary for immediate effect, this
168	171		Act takes effect September 1, 2025.
	172	+	* * * * *