Bill Text: TX HB2536 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to processes to address election irregularities; providing a civil penalty.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2023-03-13 - Referred to Elections [HB2536 Detail]
Download: Texas-2023-HB2536-Introduced.html
| 2023S0095-1 02/06/23 | ||
| By: Toth | H.B. No. 2536 | |
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| 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) irregularity of reconciliation results identified | ||
| in reconciliation reports regarding voters and 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 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 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 shall appoint a conservator to oversee elections in the | ||
| county election precinct where the violation occurred. The | ||
| conservator shall serve for two federal election cycles. | ||
| 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, 2023. | ||
