By: Bettencourt, et al. S.B. No. 505
A BILL TO BE ENTITLED
AN ACT
relating to processes to address election irregularities;
providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 16, Election Code, is amended by adding
Chapter 280 to read as follows:
CHAPTER 280. REQUEST TO ADDRESS ELECTION IRREGULARITY
Sec. 280.001. REQUEST FOR EXPLANATION. (a) A person
described by Subsection (f) may issue a written request to the
county clerk or other authority conducting an election for an
explanation and supporting documentation for:
(1) an action taken by an election officer that
appears to violate this code;
(2) irregularities in results in a precinct or at a
polling place or early voting polling place;
(3) inadequacy or irregularity of documentation
required to be maintained under this code; or
(4) discrepancies in the results of a reconciliation
of ballots between the number of voters and the number of votes
cast.
(b) Not later than the 20th day after the date a request is
received under Subsection (a), the county clerk or other authority
shall provide the requestor the requested explanation and any
supporting documentation.
(c) A requestor who is not satisfied with the explanation
and supporting documentation provided under Subsection (b) may
issue a request for further explanation and supporting
documentation to the county clerk or other authority.
(d) Not later than the 10th day after the date a request is
received under Subsection (c), the county clerk or other authority
shall provide the requestor the requested explanation and any
supporting documentation.
(e) A requestor who is not satisfied with the explanation
and supporting documentation provided under Subsection (d) may
issue a request to the secretary of state for an audit of the issue
described by Subsection (a), as provided by Section 280.002.
(f) A person may make a request under this section if the
person participated in the relevant election as:
(1) a candidate;
(2) a county chair or state chair of a political party;
(3) a presiding judge;
(4) an alternate presiding judge; or
(5) the head of a specific-purpose political committee
that supports or opposes a ballot measure.
Sec. 280.002. AUDIT BY SECRETARY OF STATE. (a) A person to
whom Section 280.001(e) applies may submit a request for an audit to
the secretary of state for investigation. A request for an audit
must include copies of:
(1) the requests made by the person to the county clerk
or other authority conducting the election under Sections
280.001(a) and (c); and
(2) the explanations and any supporting documentation
provided by the county clerk or other authority to the person under
Sections 280.001(b) and (d).
(b) Not later than the 30th day after the date the secretary
of state receives a request for an audit under this section, the
secretary must determine whether the information submitted under
Subsection (a) sufficiently explains the irregularity identified
under Section 280.001(a). If the information is insufficient, the
secretary of state shall immediately begin an audit of the
identified irregularity at the expense of the county or other
authority conducting the election.
(c) The county clerk or other authority conducting the
election shall cooperate with the office of the secretary of state
and may not interfere with or obstruct the audit.
(d) On conclusion of the audit, the secretary of state shall
provide notice of the findings of the audit to the person who
submitted the request for the audit and the county clerk or other
authority conducting the election.
(e) The secretary of state may, in the secretary's
discretion, make a determination that a violation of this code has
occurred solely on the basis of evidence submitted under Subsection
(a) without conducting an audit. The secretary of state shall send
notice of the determination to the person who submitted the request
for the audit and to the county clerk or other authority conducting
the election.
(f) If, following an audit, the secretary of state
determines that a violation of this code has occurred, the
secretary may appoint a conservator to oversee elections in the
county where the violation occurred. The conservator shall serve
for two federal election cycles.
(g) A county for which a conservator is appointed under
Subsection (f) shall pay the costs of providing the conservator,
including the salary and benefits of the conservator.
Sec. 280.003. FINDING OF VIOLATION. (a) In addition to the
notice required under Section 280.002(d), the secretary of state
shall provide special notice to the county clerk or other authority
conducting an election detailing any violation of this code found
by the secretary under Section 280.002.
(b) If the county clerk or other authority conducting an
election does not remedy a violation detailed in a notice under
Subsection (a) by the 30th day after the date the clerk or other
authority receives the notice, the secretary of state shall assess
a civil penalty of $500 for each violation not remedied and, if
possible, remedy the violation on behalf of the county clerk or
other authority. The remedy provided under this subsection is in
addition to any other remedy available under law for a violation of
this code.
(c) If the secretary of state is not able to remedy the
violation on behalf of the county clerk or other authority, the
secretary shall assess an additional penalty under Subsection (b)
for each day the county clerk or other authority does not remedy the
violation until the violation is remedied.
(d) The secretary of state shall maintain a record of county
clerks or other authorities that conduct elections who have been
assessed a civil penalty under Subsection (b). The secretary of
state shall publish the record on the secretary of state's Internet
website.
(e) The attorney general may bring an action under this
section to recover a civil penalty that has not been paid.
(f) A civil penalty collected under this section shall be
deposited in the state treasury to the credit of the general revenue
fund.
SECTION 2. A person may make a request under Section
280.001, Election Code, as added by this Act, only for an election
held on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2025.