Bill Text: TX SB1933 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to certain oversight procedures of the state over county elections.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2023-06-18 - Effective on 9/1/23 [SB1933 Detail]
Download: Texas-2023-SB1933-Enrolled.html
S.B. No. 1933 |
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relating to certain oversight procedures of the state over county | ||
elections. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act may be cited as the Alan Vera Election | ||
Accountability Act of 2023. | ||
SECTION 2. Subchapter A, Chapter 31, Election Code, is | ||
amended by adding Sections 31.017, 31.018, 31.019, 31.020, 31.021, | ||
and 31.022 to read as follows: | ||
Sec. 31.017. IMPLEMENTATION OF ADMINISTRATIVE OVERSIGHT OF | ||
COUNTY ELECTION. (a) In a county with a population of more than 4 | ||
million, the secretary of state's office may order administrative | ||
oversight of a county office administering elections or voter | ||
registration in the county if: | ||
(1) an administrative election complaint is filed with | ||
the secretary of state by a person who participated in the relevant | ||
election as: | ||
(A) a candidate; | ||
(B) a county chair or state chair of a political | ||
party; | ||
(C) a presiding judge; | ||
(D) an alternate presiding judge; or | ||
(E) the head of a specific-purpose political | ||
committee that supports or opposes a measure; | ||
(2) the secretary of state has provided notice to the | ||
county election official with authority over election | ||
administration or voter registration under Section 31.018; and | ||
(3) the secretary of state, after conducting an | ||
investigation under Section 31.019, has good cause to believe that | ||
a recurring pattern of problems with election administration or | ||
voter registration exists in the county, including any recurring: | ||
(A) malfunction of voting system equipment that | ||
prevents a voter from casting a vote; | ||
(B) carelessness or official misconduct in the | ||
distribution of election supplies; | ||
(C) errors in the tabulation of results that | ||
would have affected the outcome of an election; | ||
(D) violations of Section 66.053; | ||
(E) discovery of properly executed voted ballots | ||
after the canvass of an election that were not counted; or | ||
(F) failure to conduct maintenance activities on | ||
the lists of registered voters as required under this code. | ||
(b) The secretary of state shall make a determination on | ||
whether to implement administrative oversight under Subsection (a) | ||
not later than the 30th day after the earliest of: | ||
(1) the day a response by the county election official | ||
with authority over election administration or voter registration | ||
is received by the secretary of state under Section 31.018; | ||
(2) the last day the county election official with | ||
authority over election administration or voter registration could | ||
provide a response to the secretary of state under Section 31.018; | ||
or | ||
(3) the day the report on the findings of an | ||
investigation is provided to the county election official with | ||
authority over election administration or voter registration under | ||
Section 31.019. | ||
Sec. 31.018. NOTICE OF COMPLAINT. (a) In a county with a | ||
population of more than 4 million and not later than the 30th day | ||
after receiving an administrative election complaint under Section | ||
31.017(a)(1), the secretary of state shall provide notice of the | ||
complaint to the applicable county election official with authority | ||
over election administration or voter registration, including the | ||
specific allegations against the election official in the | ||
complaint. | ||
(b) Subject to Subsection (c), not later than the 30th day | ||
after receiving notice of the administrative election complaint | ||
under Subsection (a), the county election official with authority | ||
over election administration or voter registration may provide a | ||
response with any supporting documentation relating to the | ||
complaint or the allegations in the complaint to the secretary of | ||
state. | ||
(c) If the administrative election complaint filed under | ||
Section 31.017(a)(1) concerns an election for which voting by | ||
personal appearance has begun and the final canvass has not been | ||
completed, the county election official with authority over | ||
election administration or voter registration must provide a | ||
response under Subsection (b) not later than 72 hours after | ||
receiving notice of the complaint under Subsection (a). | ||
Sec. 31.019. INVESTIGATION OF COMPLAINT. (a) In a county | ||
with a population of more than 4 million, the secretary of state may | ||
direct personnel in the secretary of state's office to conduct an | ||
investigation on an administrative election complaint received | ||
under Section 31.017(a)(1) and must consider any response or | ||
supporting documentation provided by the county election official | ||
with authority over election administration or voter registration | ||
under Section 31.018, if applicable. | ||
(b) If the secretary of state decides to conduct an | ||
investigation under Subsection (a), the secretary must provide the | ||
county election official with authority over election | ||
administration or voter registration notice of the determination to | ||
conduct the investigation. | ||
(c) After completing an investigation under this section, | ||
the secretary of state must provide a report on the findings of the | ||
investigation to: | ||
(1) the county election official with authority over | ||
election administration or voter registration; and | ||
(2) the individual who filed the administrative | ||
election complaint under Section 31.017(a)(1). | ||
Sec. 31.020. COUNTY ELECTION OFFICE OVERSIGHT BY SECRETARY. | ||
(a) If the secretary of state implements administrative oversight | ||
under Section 31.017, the secretary shall provide written notice to | ||
the county election official with authority over election | ||
administration or voter registration and the county judge of the | ||
determination by the secretary to implement administrative | ||
oversight in the county. The notice must include the specific | ||
recurring pattern of problems with election administration or voter | ||
registration identified by the secretary under Section | ||
31.017(a)(3). | ||
(b) The authority of administrative oversight over a county | ||
granted to the secretary of state under this subchapter must | ||
include: | ||
(1) requiring the approval and review by the secretary | ||
of state of any policies or procedures regarding the administration | ||
of elections issued by the county; and | ||
(2) authorizing all appropriate personnel in the | ||
secretary of state's office to conduct in-person observations of | ||
the county election office's activities, including any activities | ||
related to election preparation, early voting, election day, and | ||
post-election day procedures. | ||
(c) The county election office being overseen by the | ||
secretary of state shall provide sufficient access to the | ||
appropriate personnel in the secretary of state's office to perform | ||
their duties under Subsection (b). | ||
(d) Once each quarter during the period when the secretary | ||
of state is overseeing elections in a county under Subsection (a), | ||
the secretary shall submit a report regarding the activities of the | ||
oversight personnel to the members of the county election | ||
commission and the county attorney. | ||
(e) The secretary of state shall deliver the report required | ||
by Subsection (d) in person to the county commissioners court if | ||
requested by the commissioners court. | ||
(f) The secretary of state shall conduct the administrative | ||
oversight of a county until the earlier of: | ||
(1) December 31 of the even-numbered year following | ||
the first anniversary of the date the complaint was received under | ||
Section 31.017(a)(1); or | ||
(2) the date on which the secretary of state | ||
determines that the recurring pattern of problems with election | ||
administration or voter registration is rectified. | ||
Sec. 31.021. REMOVAL OR TERMINATION OF COUNTY ELECTION | ||
OFFICIAL AFTER ADMINISTRATIVE OVERSIGHT. (a) At the conclusion of | ||
administrative oversight under this subchapter, if the recurring | ||
pattern of problems with election administration or voter | ||
registration is not rectified or continues to impede the free | ||
exercise of a citizen's voting rights in the county, the secretary | ||
of state may file a petition for the removal under Section 87.015, | ||
Local Government Code, of the applicable county officer with | ||
authority over election administration or voter registration. | ||
(b) At the conclusion of administrative oversight under | ||
this subchapter, the secretary of state may enter a written order to | ||
terminate the employment of a county elections administrator, in a | ||
county that has the position, under Section 31.037(b). | ||
Sec. 31.022. RULES. The secretary of state may adopt rules | ||
necessary to implement the administrative oversight of a county as | ||
provided under this subchapter. | ||
SECTION 3. Section 31.037, Election Code, is amended to | ||
read as follows: | ||
Sec. 31.037. SUSPENSION OR TERMINATION OF EMPLOYMENT. (a) | ||
The employment of the county elections administrator may be | ||
suspended, with or without pay, or terminated at any time for good | ||
and sufficient cause on the four-fifths vote of the county election | ||
commission and approval of that action by a majority vote of the | ||
commissioners court. | ||
(b) In a county with a population of more than 4 million, the | ||
secretary of state may enter a written order to terminate the | ||
employment of a county elections administrator at the conclusion of | ||
administrative oversight of the county elections administrator's | ||
office under Subchapter A if the recurring pattern of problems with | ||
election administration or voter registration is not rectified or | ||
continues to impede the free exercise of a citizen's voting rights | ||
in the county. | ||
SECTION 4. Section 127.351, Election Code, is amended by | ||
amending Subsections (a) and (d) and adding Subsections (e) and (f) | ||
to read as follows: | ||
(a) Immediately after the uniform election date in November | ||
of an even-numbered year, the secretary of state shall conduct an | ||
audit of the elections held on the uniform election date in four | ||
counties during the previous two years. | ||
(d) If the secretary of state completes the audit of a | ||
county under Subsection (b)(1) before the end of a two-year period, | ||
the secretary may randomly select another county with a total | ||
population of less than 300,000 to be audited. | ||
(e) If not later than July 31 of the first odd-numbered year | ||
following the commencement of an audit under this section, the | ||
audit findings demonstrate to the secretary of state that a | ||
recurring pattern of problems with election administration or voter | ||
registration, as described under Section 31.017(a)(3), exists in an | ||
audited county and the problems impede the free exercise of a | ||
citizen's voting rights, the secretary: | ||
(1) shall: | ||
(A) publicly release the preliminary findings of | ||
the audit; and | ||
(B) recommend the county for administrative | ||
oversight under Subchapter A, Chapter 31; and | ||
(2) may conduct an audit of other elections held in the | ||
county in the previous two years, as determined necessary by the | ||
secretary. | ||
(f) The secretary of state shall adopt rules as necessary to | ||
implement this section. | ||
SECTION 5. This Act takes effect September 1, 2023. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1933 passed the Senate on | ||
April 13, 2023, by the following vote: Yeas 19, Nays 11; | ||
May 25, 2023, Senate refused to concur in House amendments and | ||
requested appointment of Conference Committee; May 26, 2023, House | ||
granted request of the Senate; May 28, 2023, Senate adopted | ||
Conference Committee Report by the following vote: Yeas 19, | ||
Nays 12. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1933 passed the House, with | ||
amendments, on May 23, 2023, by the following vote: Yeas 81, | ||
Nays 59, one present not voting; May 26, 2023, House granted | ||
request of the Senate for appointment of Conference Committee; | ||
May 28, 2023, House adopted Conference Committee Report by the | ||
following vote: Yeas 84, Nays 58, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |