| 7 | 3 | | |
|---|
| 8 | 4 | | |
|---|
| 9 | 5 | | |
|---|
| 10 | 6 | | |
|---|
| 11 | 7 | | A BILL TO BE ENTITLED |
|---|
| 12 | 8 | | AN ACT |
|---|
| 13 | 9 | | relating to the conduct of randomized county election audits. |
|---|
| 14 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 15 | 11 | | SECTION 1. Section 127.351, Election Code, is amended by |
|---|
| 16 | 12 | | amending Subsections (a) and (b) and adding Subsections (a-1), |
|---|
| 17 | 13 | | (b-1), (c-1), (d-1), (d-2), (d-3), (d-4), (e-1), (e-2), and (e-3) |
|---|
| 18 | 14 | | to read as follows: |
|---|
| 19 | 15 | | (a) Immediately after each November [the] uniform election |
|---|
| 20 | 16 | | date [in November of an even-numbered year], the secretary of state |
|---|
| 21 | 17 | | shall conduct an audit of the elections held on that November [the] |
|---|
| 22 | 18 | | uniform election date in 16 [four] counties [during the previous |
|---|
| 23 | 19 | | two years]. The audit shall include any election held in the |
|---|
| 24 | 20 | | preceding year in a political subdivision of a county included in |
|---|
| 25 | 21 | | the audit. |
|---|
| 26 | 22 | | (a-1) For purposes of enabling the secretary of state to |
|---|
| 27 | 23 | | conduct audits under this section, each county and political |
|---|
| 28 | 24 | | subdivision of this state authorized to hold an election shall: |
|---|
| 29 | 25 | | (1) register with the secretary of state as a county or |
|---|
| 30 | 26 | | political subdivision authorized to hold an election; and |
|---|
| 31 | 27 | | (2) notify the secretary of state of each election |
|---|
| 32 | 28 | | held by the county or political subdivision not later than the 90th |
|---|
| 33 | 29 | | day before the date of the election. |
|---|
| 34 | 30 | | (b) The secretary of state shall select the counties to be |
|---|
| 35 | 31 | | audited under Subsection (a) at random, except that: |
|---|
| 36 | 32 | | (1) 13 [two] of the counties selected must have a total |
|---|
| 37 | 33 | | population of less than 300,000; |
|---|
| 38 | 34 | | (2) three [two] of the counties selected must have a |
|---|
| 39 | 35 | | total population of 300,000 or more; and |
|---|
| 40 | 36 | | (3) a county selected in the most recent audit cycle |
|---|
| 41 | 37 | | may not be selected in the current audit cycle. |
|---|
| 42 | 38 | | (b-1) An audit conducted under this section may not be |
|---|
| 43 | 39 | | conducted before: |
|---|
| 44 | 40 | | (1) the end of the period for filing a petition in an |
|---|
| 45 | 41 | | election contest; or |
|---|
| 46 | 42 | | (2) a resulting runoff for an election. |
|---|
| 47 | 43 | | (c-1) In conducting an audit under this section, the |
|---|
| 48 | 44 | | secretary of state shall audit: |
|---|
| 49 | 45 | | (1) the accuracy of voter registration lists; |
|---|
| 50 | 46 | | (2) the registrar's compliance with voter registration |
|---|
| 51 | 47 | | list maintenance requirements; |
|---|
| 52 | 48 | | (3) the procedures for testing voting equipment and |
|---|
| 53 | 49 | | voting systems before the start of tabulation, including procedures |
|---|
| 54 | 50 | | related to: |
|---|
| 55 | 51 | | (A) testing ballots; and |
|---|
| 56 | 52 | | (B) the storage and maintenance of voting |
|---|
| 57 | 53 | | equipment and voting systems; |
|---|
| 58 | 54 | | (4) any chain of custody or seal documentation |
|---|
| 59 | 55 | | requirements for election records or supplies; |
|---|
| 60 | 56 | | (5) the procedures for early voting by mail, including |
|---|
| 61 | 57 | | procedures related to: |
|---|
| 62 | 58 | | (A) applications for a ballot to be voted by |
|---|
| 63 | 59 | | mail; |
|---|
| 64 | 60 | | (B) early voting by mail ballot envelopes and |
|---|
| 65 | 61 | | carrier envelopes; |
|---|
| 66 | 62 | | (C) lists kept by the early voting clerk or |
|---|
| 67 | 63 | | registrar related to early voting by mail; and |
|---|
| 68 | 64 | | (D) records created or used by the early voting |
|---|
| 69 | 65 | | ballot board; and |
|---|
| 70 | 66 | | (6) the procedures for provisional ballots, including |
|---|
| 71 | 67 | | procedures related to: |
|---|
| 72 | 68 | | (A) envelopes containing provisional ballots; |
|---|
| 73 | 69 | | and |
|---|
| 74 | 70 | | (B) records related to provisional ballots. |
|---|
| 75 | 71 | | (d-1) The county clerk or person performing the duties of a |
|---|
| 76 | 72 | | county clerk in a county or political subdivision audited under |
|---|
| 77 | 73 | | this section shall provide all necessary documents, records, and |
|---|
| 78 | 74 | | access requested by the secretary of state. |
|---|
| 79 | 75 | | (d-2) If a person willingly fails to comply with a request |
|---|
| 80 | 76 | | made by the secretary of state under Subsection (d-1), the |
|---|
| 81 | 77 | | secretary of state may decline to reimburse the county or political |
|---|
| 82 | 78 | | subdivision for any state-funded election expenses for a period of |
|---|
| 83 | 79 | | not more than two years. |
|---|
| 84 | 80 | | (d-3) The secretary of state shall provide notice of any |
|---|
| 85 | 81 | | action taken under Subsection (d-2) not later than the 10th day |
|---|
| 86 | 82 | | after the date the secretary of state determines that the person has |
|---|
| 87 | 83 | | intentionally or knowingly failed to comply with Subsection (d-1). |
|---|
| 88 | 84 | | (d-4) A county or political subdivision may appeal a |
|---|
| 89 | 85 | | determination by the secretary of state that the county or |
|---|
| 90 | 86 | | political subdivision has intentionally or knowingly failed to |
|---|
| 91 | 87 | | comply with Subsection (d-1) in a district court with jurisdiction |
|---|
| 92 | 88 | | over the county or political subdivision. |
|---|
| 93 | 89 | | (e-1) The secretary of state shall issue a report on each |
|---|
| 94 | 90 | | audit conducted under this section and shall publish each report on |
|---|
| 95 | 91 | | the secretary of state's Internet website. Notwithstanding any |
|---|
| 96 | 92 | | other law, the contents of the report and any documents used in |
|---|
| 97 | 93 | | conducting the audit are not subject to Chapter 552, Government |
|---|
| 98 | 94 | | Code, until the report is officially published. |
|---|
| 99 | 95 | | (e-2) Before issuing a report under Subsection (e-1), the |
|---|
| 100 | 96 | | secretary of state shall allow local election officials in the |
|---|
| 101 | 97 | | county or political subdivision that is the subject of the audit to |
|---|
| 102 | 98 | | review the report and provide comments to be submitted with the |
|---|
| 103 | 99 | | report. |
|---|
| 104 | 100 | | (e-3) A report under Subsection (e-1) must include: |
|---|
| 105 | 101 | | (1) a list of any major findings that may affect the |
|---|
| 106 | 102 | | outcome of an election; |
|---|
| 107 | 103 | | (2) a determination whether any voters were determined |
|---|
| 108 | 104 | | to be disenfranchised; |
|---|
| 109 | 105 | | (3) a detailed report of any major or minor findings of |
|---|
| 110 | 106 | | the audit; |
|---|
| 111 | 107 | | (4) any comments provided by a local election official |
|---|
| 112 | 108 | | under Subsection (e-2); |
|---|
| 113 | 109 | | (5) information related to any findings, actions, or |
|---|
| 114 | 110 | | efforts taken under Subsection (e); and |
|---|
| 115 | 111 | | (6) any recommended changes for the election practices |
|---|
| 116 | 112 | | of the county, political subdivision, or secretary of state. |
|---|
| 117 | 113 | | SECTION 2. Section 127.351(d), Election Code, is repealed. |
|---|
| 118 | 114 | | SECTION 3. This Act takes effect September 1, 2025. |
|---|