By: Hughes S.B. No. 1863
(In the Senate - Filed March 4, 2025; March 17, 2025, read
first time and referred to Committee on State Affairs;
April 14, 2025, reported favorably by the following vote: Yeas 8,
Nays 0; April 14, 2025, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the conduct of randomized county election audits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 127.351, Election Code, is amended 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)
to read as follows:
(a) Immediately after each November [the] uniform election
date [in November of an even-numbered year], the secretary of state
shall conduct an audit of the elections held on that November [the]
uniform election date in 16 [four] counties [during the previous
two years]. The audit shall include any election held in the
preceding year in a political subdivision of a county included in
the audit.
(a-1) For purposes of enabling the secretary of state to
conduct audits under this section, each county and political
subdivision of this state authorized to hold an election shall:
(1) register with the secretary of state as a county or
political subdivision authorized to hold an election; and
(2) notify the secretary of state of each election
held by the county or political subdivision not later than the 90th
day before the date of the election.
(b) The secretary of state shall select the counties to be
audited under Subsection (a) at random, except that:
(1) 13 [two] of the counties selected must have a total
population of less than 300,000;
(2) three [two] of the counties selected must have a
total population of 300,000 or more; and
(3) a county selected in the most recent audit cycle
may not be selected in the current audit cycle.
(b-1) An audit conducted under this section may not be
conducted before:
(1) the end of the period for filing a petition in an
election contest; or
(2) a resulting runoff for an election.
(c-1) In conducting an audit under this section, the
secretary of state shall 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:
(A) testing ballots; and
(B) 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:
(A) applications for a ballot to be voted by
mail;
(B) early voting by mail ballot envelopes and
carrier envelopes;
(C) lists kept by the early voting clerk or
registrar related to early voting by mail; and
(D) records created or used by the early voting
ballot board; and
(6) the procedures for provisional ballots, including
procedures related to:
(A) envelopes containing provisional ballots;
and
(B) records related to provisional ballots.
(d-1) The county clerk or person performing the duties of a
county clerk in a county or political subdivision audited under
this section shall provide all necessary documents, records, and
access requested by the secretary of state.
(d-2) If a person willingly fails to comply with a request
made by the secretary of state under Subsection (d-1), the
secretary of state may 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) The secretary of state shall provide notice of any
action taken under Subsection (d-2) not later than the 10th day
after the date the secretary of state determines that the person has
intentionally or knowingly failed to comply with Subsection (d-1).
(d-4) A county or political subdivision may appeal a
determination by the secretary of state 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) The secretary of state shall issue a report on each
audit conducted under this section and shall publish each report on
the secretary of state's Internet website. Notwithstanding any
other law, the contents of the report and any documents used in
conducting the audit are not subject to Chapter 552, Government
Code, until the report is officially published.
(e-2) Before issuing a report under Subsection (e-1), the
secretary of state shall 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) A report under Subsection (e-1) must include:
(1) a list of any major findings that may affect the
outcome of an election;
(2) a determination whether any voters were determined
to be disenfranchised;
(3) a detailed report of any major or minor findings of
the audit;
(4) any comments provided by a local election official
under Subsection (e-2);
(5) information related to any findings, actions, or
efforts taken under Subsection (e); and
(6) any recommended changes for the election practices
of the county, political subdivision, or secretary of state.
SECTION 2. Section 127.351(d), Election Code, is repealed.
SECTION 3. This Act takes effect September 1, 2025.
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