Texas 2025 - 89th Regular

Texas Senate Bill SB505 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Bettencourt, et al. S.B. No. 505
2		-
3		-
	2	+	(In the Senate - Filed November 25, 2024; February 3, 2025,
	3	+	read first time and referred to Committee on State Affairs;
	4	+	March 26, 2025, reported favorably by the following vote: Yeas 9,
	5	+	Nays 1; March 26, 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 processes to address election irregularities;
9	12		providing a civil penalty.
10	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	14		SECTION 1. Title 16, Election Code, is amended by adding
12	15		Chapter 280 to read as follows:
13	16		CHAPTER 280. REQUEST TO ADDRESS ELECTION IRREGULARITY
14	17		Sec. 280.001. REQUEST FOR EXPLANATION. (a) A person
15	18		described by Subsection (f) may issue a written request to the
16	19		county clerk or other authority conducting an election for an
17	20		explanation and supporting documentation for:
18	21		(1) an action taken by an election officer that
19	22		appears to violate this code;
20	23		(2) irregularities in results in a precinct or at a
21	24		polling place or early voting polling place;
22	25		(3) inadequacy or irregularity of documentation
23	26		required to be maintained under this code; or
24	27		(4) discrepancies in the results of a reconciliation
25	28		of ballots between the number of voters and the number of votes
26	29		cast.
27	30		(b) Not later than the 20th day after the date a request is
28	31		received under Subsection (a), the county clerk or other authority
29	32		shall provide the requestor the requested explanation and any
30	33		supporting documentation.
31	34		(c) A requestor who is not satisfied with the explanation
32	35		and supporting documentation provided under Subsection (b) may
33	36		issue a request for further explanation and supporting
34	37		documentation to the county clerk or other authority.
35	38		(d) Not later than the 10th day after the date a request is
36	39		received under Subsection (c), the county clerk or other authority
37	40		shall provide the requestor the requested explanation and any
38	41		supporting documentation.
39	42		(e) A requestor who is not satisfied with the explanation
40	43		and supporting documentation provided under Subsection (d) may
41	44		issue a request to the secretary of state for an audit of the issue
42	45		described by Subsection (a), as provided by Section 280.002.
43	46		(f) A person may make a request under this section if the
44	47		person participated in the relevant election as:
45	48		(1) a candidate;
46	49		(2) a county chair or state chair of a political party;
47	50		(3) a presiding judge;
48	51		(4) an alternate presiding judge; or
49	52		(5) the head of a specific-purpose political committee
50	53		that supports or opposes a ballot measure.
51	54		Sec. 280.002. AUDIT BY SECRETARY OF STATE. (a) A person to
52	55		whom Section 280.001(e) applies may submit a request for an audit to
53	56		the secretary of state for investigation. A request for an audit
54	57		must include copies of:
55	58		(1) the requests made by the person to the county clerk
56	59		or other authority conducting the election under Sections
57	60		280.001(a) and (c); and
58	61		(2) the explanations and any supporting documentation
59	62		provided by the county clerk or other authority to the person under
60	63		Sections 280.001(b) and (d).
61	64		(b) Not later than the 30th day after the date the secretary
62	65		of state receives a request for an audit under this section, the
63	66		secretary must determine whether the information submitted under
64	67		Subsection (a) sufficiently explains the irregularity identified
65	68		under Section 280.001(a). If the information is insufficient, the
66	69		secretary of state shall immediately begin an audit of the
67	70		identified irregularity at the expense of the county or other
68	71		authority conducting the election.
69	72		(c) The county clerk or other authority conducting the
70	73		election shall cooperate with the office of the secretary of state
71	74		and may not interfere with or obstruct the audit.
72	75		(d) On conclusion of the audit, the secretary of state shall
73	76		provide notice of the findings of the audit to the person who
74	77		submitted the request for the audit and the county clerk or other
75	78		authority conducting the election.
76	79		(e) The secretary of state may, in the secretary's
77	80		discretion, make a determination that a violation of this code has
78	81		occurred solely on the basis of evidence submitted under Subsection
79	82		(a) without conducting an audit. The secretary of state shall send
80	83		notice of the determination to the person who submitted the request
81	84		for the audit and to the county clerk or other authority conducting
82	85		the election.
83	86		(f) If, following an audit, the secretary of state
84	87		determines that a violation of this code has occurred, the
85	88		secretary may appoint a conservator to oversee elections in the
86	89		county where the violation occurred. The conservator shall serve
87	90		for two federal election cycles.
88	91		(g) A county for which a conservator is appointed under
89	92		Subsection (f) shall pay the costs of providing the conservator,
90	93		including the salary and benefits of the conservator.
91	94		Sec. 280.003. FINDING OF VIOLATION. (a) In addition to the
92	95		notice required under Section 280.002(d), the secretary of state
93	96		shall provide special notice to the county clerk or other authority
94	97		conducting an election detailing any violation of this code found
95	98		by the secretary under Section 280.002.
96	99		(b) If the county clerk or other authority conducting an
97	100		election does not remedy a violation detailed in a notice under
98	101		Subsection (a) by the 30th day after the date the clerk or other
99	102		authority receives the notice, the secretary of state shall assess
100	103		a civil penalty of $500 for each violation not remedied and, if
101	104		possible, remedy the violation on behalf of the county clerk or
102	105		other authority. The remedy provided under this subsection is in
103	106		addition to any other remedy available under law for a violation of
104	107		this code.
105	108		(c) If the secretary of state is not able to remedy the
106	109		violation on behalf of the county clerk or other authority, the
107	110		secretary shall assess an additional penalty under Subsection (b)
108	111		for each day the county clerk or other authority does not remedy the
109	112		violation until the violation is remedied.
110	113		(d) The secretary of state shall maintain a record of county
111	114		clerks or other authorities that conduct elections who have been
112	115		assessed a civil penalty under Subsection (b). The secretary of
113	116		state shall publish the record on the secretary of state's Internet
114	117		website.
115	118		(e) The attorney general may bring an action under this
116	119		section to recover a civil penalty that has not been paid.
117	120		(f) A civil penalty collected under this section shall be
118	121		deposited in the state treasury to the credit of the general revenue
119	122		fund.
120	123		SECTION 2. A person may make a request under Section
121	124		280.001, Election Code, as added by this Act, only for an election
122	125		held on or after the effective date of this Act.
123	126		SECTION 3. This Act takes effect September 1, 2025.
	127	+	* * * * *