Texas 2025 - 89th Regular

Texas Senate Bill SB618 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: Sparks, Hagenbuch, Kolkhorst S.B. No. 618
2		-	(In the Senate - Filed December 13, 2024; February 3, 2025,
3		-	read first time and referred to Committee on State Affairs;
4		-	April 1, 2025, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 9, Nays 0; April 1, 2025,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 618 By: Hall
	1	+	89R4599 JDK-F
	2	+	By: Sparks S.B. No. 618
	3	+
	4	+
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10	6
11	7		A BILL TO BE ENTITLED
12	8		AN ACT
13	9		relating to the unlawful altering of election procedures; providing
14	10		a civil penalty.
15	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	12		SECTION 1. Section 276.019, Election Code, is amended to
17	13		read as follows:
18	14		Sec. 276.019. UNLAWFUL ALTERING OF ELECTION PROCEDURES;
19	15		CIVIL PENALTY. (a) A public official or election official may not
20	16		create, alter, modify, waive, or suspend any election standard,
21	17		practice, or procedure mandated by law or rule in a manner not
22	18		expressly authorized by this code.
23	19		(b) After the secretary of state receives or discovers
24	20		information indicating that a public official or election official
25	21		has violated Subsection (a), the secretary of state shall
26	22		investigate the standard, practice, or procedure appearing to have
27	23		violated Subsection (a). If the secretary of state determines that
28	24		a violation of Subsection (a) has occurred, the secretary of state
29	25		shall send to the public official or election official determined
30	26		to have violated that subsection:
31	27		(1) notification of the secretary of state's
32	28		determination;
33	29		(2) a demand that the official immediately cease the
34	30		implementation or enforcement of the standard, practice, or
35	31		procedure determined to have violated Subsection (a); and
36	32		(3) instructions for the specific actions necessary
37	33		for compliance with Subsection (a).
38	34		(c) If, more than two days after receiving notification
39	35		under Subsection (b), a public official or election official does
40	36		not comply with Subsection (a) as instructed under Subsection
41	37		(b)(3), the secretary of state shall:
42	38		(1) notify the attorney general that the official may
43	39		be subject to a civil penalty under Subsection (d); and
44	40		(2) forward to the attorney general any documents or
45	41		information received, discovered, or created during the secretary
46	42		of state's investigation under Subsection (b).
47	43		(d) A public official or election official is liable to this
48	44		state for a civil penalty for each day that the official fails or
49	45		refuses to take an affirmative action to comply with Subsection (a)
50	46		in an amount not to exceed:
51	47		(1) $1,000 per day for each day after the second day
52	48		and on or before the seventh day after receiving a notice under
53	49		Subsection (b); or
54	50		(2) $5,000 per day for each day after the seventh day
55	51		after receiving a notice under Subsection (b).
56	52		(e) The attorney general may bring an action to recover a
57	53		civil penalty imposed under Subsection (d).
58	54		(f) A civil penalty collected by the attorney general under
59	55		this section shall be deposited in the state treasury to the credit
60	56		of the general revenue fund.
61		-	(g) A repeated violation of Subsection (a) by a public
62		-	official or election official, other than an elected official, is
63		-	grounds for removal of the official by the appointing political
64		-	subdivision.
65		-	(h) Except as provided by Subsection (i), the secretary of
66		-	state shall produce a monthly report containing information on each
67		-	reported violation of Subsection (a). The report shall only
68		-	include:
69		-	(1) the county where the violation allegedly took
70		-	place;
71		-	(2) the specific election standard, practice, or
72		-	procedure mandated by law or rule alleged to have been created,
73		-	altered, modified, waived, or suspended in a manner not expressly
74		-	authorized by this code;
75		-	(3) the date or dates of the alleged violation; and
76		-	(4) the resolution of the secretary of state's
77		-	investigation including the resolution of any further proceedings
78		-	or actions.
79		-	(h-1) The secretary of state shall update the information
80		-	required under Subsection (h)(4) as necessary.
81		-	(i) Documents or information received, discovered, or
	57	+	(g) Documents or information received, discovered, or
82	58		created during the secretary of state's investigation under
83	59		Subsection (b) are confidential and not subject to disclosure under
84	60		Chapter 552, Government Code, unless the secretary of state or
85	61		attorney general has determined that a complaint submitted to the
86		-	secretary of state under this section does not rise to the level of
87		-	criminal conduct, or will not be further investigated or the
88		-	subject of any further proceedings or actions.
89		-	(j) A public official, election official, or registered
90		-	voter reporting an alleged violation of Subsection (a) by the
91		-	secretary of state or any personnel working in the secretary of
92		-	state's elections division, shall send a notice containing the
93		-	details of the alleged violation to the secretary of state. The
94		-	notice must:
95		-	(1) include the nature of the alleged violation; and
96		-	(2) demand that the secretary of state cease all acts
97		-	or omissions that constitute the alleged violation and take
98		-	whatever action necessary to correct the violation.
99		-	(j-1) The secretary of state shall include information on
100		-	each notice received under Subsection (j) in the manner provided by
101		-	Subsection (h).
102		-	(j-2) The secretary of state shall promptly notify the
103		-	complainant in writing of all corrective action taken in response
104		-	to the alleged violation of Subsection (a) or a clear explanation to
105		-	the complainant on the secretary of state's compliance with
106		-	Subsection (a).
107		-	(k) Except as provided by Subsection (l), if the secretary
108		-	of state has not complied with the demand or demonstrated
109		-	compliance in their response to a notice provided under Subsection
110		-	(j) after the second business day after the date the secretary
111		-	receives the notice, the complainant may bring an action against
112		-	the secretary for damages incurred by the failure to comply and for
113		-	appropriate equitable relief.
114		-	(l) A complainant may immediately bring an action under
115		-	Subsection (k) if election security is at immediate risk.
116		-	(m) A complainant may bring an action under Subsection (k)
117		-	in a district court located in a county impacted by the secretary of
118		-	state's failure to comply with the demand that is the subject of the
119		-	action or in the complainant's county of residence.
120		-	(n) A complaint is not required to demonstrate direct or
121		-	concrete injury to obtain relief in an action brought under
122		-	Subsection (k).
123		-	(o) A prevailing claimant in an action brought under
124		-	Subsection (k) is entitled to:
125		-	(1) compensatory damages;
126		-	(2) a restraining order;
127		-	(3) injunctive relief;
128		-	(4) mandamus relief; and
129		-	(5) court costs and reasonable attorney's fees
130		-	incurred in bringing the action.
131		-	(p) The secretary of state may not assert official immunity
132		-	as a defense to an action brought under Subsection (k).
133		-	(q) A district court shall expedite an action brought under
134		-	Subsection (k) if the court determines that the expedition is
135		-	necessitated by the public interest.
136		-	(r) This section supersedes any other provisions of this
137		-	code or a law outside this code to the extent of any conflict.
	62	+	secretary of state under this section will not be further
	63	+	investigated or the subject of any further proceedings or actions.
138	64		SECTION 2. This Act takes effect September 1, 2025.
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