BILL ANALYSIS Senate Research Center S.B. 1863 89R11796 MLH-F By: Hughes State Affairs 4/4/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Texas law currently requires the secretary of state's office to randomly select and audit four counties after the November general election. Texas pioneered these "procedural audits," which evaluate the elections held in those counties over the preceding two years. Unlike other types of post-election audits, procedural audits are a unique tool to ensure to the public that elections are run according to Texas law and regulations. Procedural audits have identified substantial issues, allowing officials and counties to correct them. The audits have also showcased best practices as an example for other counties. Among other things, the audit of the 2020 General Election exposed massive failures in one county's ability to demonstrate chain of custody for over 180,000 voted ballots, ballots by mail that appeared to have been counted but were still sealed in their carrier envelopes, and data inconsistencies across multiple platforms. The audit of the 2022 General Election revealed issues in the counties such as inadequate training for election judges and pollworkers, discrepancies between county and statewide data on ballots by mail, a lack of election-specific security planning, and repeated deficiencies in providing necessary equipment and ballot supplies. These problems would not have otherwise been detected absent a procedural audit, illustrating the need for and importance of this particular type of audit. S.B. 1863 will expand the number of counties subject to audit and prescribe specific areas to be audited. The bill also gives the audited party an opportunity to address findings made after an audit, requires offices cooperate with auditors, and provides an enforcement mechanism if an audited party fails to comply. The secretary of state would also be required to produce a public report of the audit's findings. S.B. 1863 clarifies that political subdivisions and localities that administer their own are likewise subject to audit. S.B. 1863 amends the Election Code in the following commonsense ways: Expands the number of counties subject to audit to 16 counties; Clarifies that political subdivisions in a selected county are also subject to audit; Outlines the areas of review in the audit such as: the accuracy of voter registration lists, procedures for testing voting equipment, and procedures for early voting by mail; Requires cooperation by the audited party and provides an enforcement mechanism if there is a willing failure to cooperate; Affords the audited party an opportunity to review and comment on audit findings; and Requires a public report of audit findings. As proposed, S.B. 1863 amends current law relating to the conduct of randomized county election audits. 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 127.351, Election Code, by amending Subsections (a) and (b) and adding Subsections (a-1), (b-1), (c-1), (d-1), (d-2), (d-3), (d-4), (e-1), (e-2), and (e-3), as follows: (a) Requires the secretary of state (SOS), immediately after each November uniform election date to conduct an audit of the elections held on that November uniform election date in 16 counties. Requires that the audit include any election held in the preceding year in a political subdivision of a county included in the audit. Deletes existing text requiring the secretary of state, immediately after the uniform election date in November of an even-numbered year, to conduct an audit of the elections held on the uniform election date in four counties during the previous two years. (a-1) Requires each county and political subdivision of this state authorized to hold an election, for purposes of enabling SOS to conduct audits under this Section 127.351 (Randomized County Audits), to register with SOS as a county or political subdivision authorized to hold an election and notify SOS of each election held by the county or political subdivision not later than the 90th day before the date of the election. (b) Requires SOS to select the counties to be audited under Subsection (a) at random, with certain exceptions, including that 13, rather than two, of the counties selected are required to have a total population of less than 300,000 and three, rather than two, of the counties selected are required to have a total population of 300,000 or more. (b-1) Prohibits an audit conducted under this section from being be conducted before the end of the period for filing a petition in an election contest or a resulting runoff for an election. (c-1) Requires SOS, in conducting an audit under this section, to audit: (1) the accuracy of voter registration lists; (2) the registrar's compliance with voter registration list maintenance requirements; (3) the procedures for testing voting equipment and voting systems before the start of tabulation, including procedures related to testing ballots; and the storage and maintenance of voting equipment and voting systems; (4) any chain of custody or seal documentation requirements for election records or supplies; (5) the procedures for early voting by mail, including procedures related to applications for a ballot to be voted by mail, early voting by mail ballot envelopes and carrier envelopes, lists kept by the early voting clerk or registrar related to early voting by mail, and records created or used by the early voting ballot board; and (6) the procedures for provisional ballots, including procedures related to envelopes containing provisional ballots and records related to provisional ballots. (d-1) Requires the county clerk or person performing the duties of a county clerk in a county or political subdivision audited under this section to provide all necessary documents, records, and access requested by the secretary of state. (d-2) Authorizes the secretary of state, if a person willingly fails to comply with a request made by the secretary of state under Subsection (d-1), to decline to reimburse the county or political subdivision for any state-funded election expenses for a period of not more than two years. (d-3) Requires SOS to provide notice of any action taken under Subsection (d-2) not later than the 10th day after the date SOS determines that the person has intentionally or knowingly failed to comply with Subsection (d-1). (d-4) Authorizes a county or political subdivision to appeal a determination by SOS that the county or political subdivision has intentionally or knowingly failed to comply with Subsection (d-1) in a district court with jurisdiction over the county or political subdivision. (e-1) Requires SOS to issue a report on each audit conducted under this section and to publish each report on SOS's Internet website. Provides that, notwithstanding any other law, the contents of the report and any documents used in conducting the audit are not subject to Chapter 552 (Public Information), Government Code, until the report is officially published. (e-2) Requires SOS, before issuing a report under Subsection (e-1), to allow local election officials in the county or political subdivision that is the subject of the audit to review the report and provide comments to be submitted with the report. (e-3) Requires that a report under Subsection (e-1) include certain information and recommendations. SECTION 2. Repealer: Section 127.351(d) (relating to authorizing SOS, if SOS completes an audit of a county before the end of a two-year period, to randomly select another county with a certain population to be audited), Election Code. SECTION 3. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 1863
89R11796 MLH-F By: Hughes
State Affairs
4/4/2025
As Filed
Senate Research Center
S.B. 1863
89R11796 MLH-F
By: Hughes
State Affairs
4/4/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Texas law currently requires the secretary of state's office to randomly select and audit four counties after the November general election. Texas pioneered these "procedural audits," which evaluate the elections held in those counties over the preceding two years. Unlike other types of post-election audits, procedural audits are a unique tool to ensure to the public that elections are run according to Texas law and regulations.
Procedural audits have identified substantial issues, allowing officials and counties to correct them. The audits have also showcased best practices as an example for other counties. Among other things, the audit of the 2020 General Election exposed massive failures in one county's ability to demonstrate chain of custody for over 180,000 voted ballots, ballots by mail that appeared to have been counted but were still sealed in their carrier envelopes, and data inconsistencies across multiple platforms. The audit of the 2022 General Election revealed issues in the counties such as inadequate training for election judges and pollworkers, discrepancies between county and statewide data on ballots by mail, a lack of election-specific security planning, and repeated deficiencies in providing necessary equipment and ballot supplies. These problems would not have otherwise been detected absent a procedural audit, illustrating the need for and importance of this particular type of audit.
S.B. 1863 will expand the number of counties subject to audit and prescribe specific areas to be audited. The bill also gives the audited party an opportunity to address findings made after an audit, requires offices cooperate with auditors, and provides an enforcement mechanism if an audited party fails to comply. The secretary of state would also be required to produce a public report of the audit's findings. S.B. 1863 clarifies that political subdivisions and localities that administer their own are likewise subject to audit.
S.B. 1863 amends the Election Code in the following commonsense ways:
As proposed, S.B. 1863 amends current law relating to the conduct of randomized county election audits.
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 127.351, Election Code, by amending Subsections (a) and (b) and adding Subsections (a-1), (b-1), (c-1), (d-1), (d-2), (d-3), (d-4), (e-1), (e-2), and (e-3), as follows:
(a) Requires the secretary of state (SOS), immediately after each November uniform election date to conduct an audit of the elections held on that November uniform election date in 16 counties. Requires that the audit include any election held in the preceding year in a political subdivision of a county included in the audit. Deletes existing text requiring the secretary of state, immediately after the uniform election date in November of an even-numbered year, to conduct an audit of the elections held on the uniform election date in four counties during the previous two years.
(a-1) Requires each county and political subdivision of this state authorized to hold an election, for purposes of enabling SOS to conduct audits under this Section 127.351 (Randomized County Audits), to register with SOS as a county or political subdivision authorized to hold an election and notify SOS of each election held by the county or political subdivision not later than the 90th day before the date of the election.
(b) Requires SOS to select the counties to be audited under Subsection (a) at random, with certain exceptions, including that 13, rather than two, of the counties selected are required to have a total population of less than 300,000 and three, rather than two, of the counties selected are required to have a total population of 300,000 or more.
(b-1) Prohibits an audit conducted under this section from being be conducted before the end of the period for filing a petition in an election contest or a resulting runoff for an election.
(c-1) Requires SOS, in conducting an audit under this section, to audit:
(1) the accuracy of voter registration lists;
(2) the registrar's compliance with voter registration list maintenance requirements;
(3) the procedures for testing voting equipment and voting systems before the start of tabulation, including procedures related to testing ballots; and the storage and maintenance of voting equipment and voting systems;
(4) any chain of custody or seal documentation requirements for election records or supplies;
(5) the procedures for early voting by mail, including procedures related to applications for a ballot to be voted by mail, early voting by mail ballot envelopes and carrier envelopes, lists kept by the early voting clerk or registrar related to early voting by mail, and records created or used by the early voting ballot board; and
(6) the procedures for provisional ballots, including procedures related to envelopes containing provisional ballots and records related to provisional ballots.
(d-1) Requires the county clerk or person performing the duties of a county clerk in a county or political subdivision audited under this section to provide all necessary documents, records, and access requested by the secretary of state.
(d-2) Authorizes the secretary of state, if a person willingly fails to comply with a request made by the secretary of state under Subsection (d-1), to decline to reimburse the county or political subdivision for any state-funded election expenses for a period of not more than two years.
(d-3) Requires SOS to provide notice of any action taken under Subsection (d-2) not later than the 10th day after the date SOS determines that the person has intentionally or knowingly failed to comply with Subsection (d-1).
(d-4) Authorizes a county or political subdivision to appeal a determination by SOS that the county or political subdivision has intentionally or knowingly failed to comply with Subsection (d-1) in a district court with jurisdiction over the county or political subdivision.
(e-1) Requires SOS to issue a report on each audit conducted under this section and to publish each report on SOS's Internet website. Provides that, notwithstanding any other law, the contents of the report and any documents used in conducting the audit are not subject to Chapter 552 (Public Information), Government Code, until the report is officially published.
(e-2) Requires SOS, before issuing a report under Subsection (e-1), to allow local election officials in the county or political subdivision that is the subject of the audit to review the report and provide comments to be submitted with the report.
(e-3) Requires that a report under Subsection (e-1) include certain information and recommendations.
SECTION 2. Repealer: Section 127.351(d) (relating to authorizing SOS, if SOS completes an audit of a county before the end of a two-year period, to randomly select another county with a certain population to be audited), Election Code.
SECTION 3. Effective date: September 1, 2025.