Bill Text: TX SB823 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the suspension of a county elections administrator.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-04-06 - Committee report printed and distributed [SB823 Detail]
Download: Texas-2023-SB823-Introduced.html
Bill Title: Relating to the suspension of a county elections administrator.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-04-06 - Committee report printed and distributed [SB823 Detail]
Download: Texas-2023-SB823-Introduced.html
88R6619 MPF-D | ||
By: Bettencourt | S.B. No. 823 |
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relating to the suspension of a county elections administrator. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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) The secretary of state may enter a written order to | ||
suspend the employment of a county elections administrator at any | ||
time if: | ||
(1) an administrative election complaint is filed with | ||
the secretary of state; and | ||
(2) the secretary of state has good cause to believe | ||
that a recurring pattern of problems with election administration | ||
exists in the county served by the administrator, including any: | ||
(A) malfunction of voting system equipment; | ||
(B) unfair distribution of election supplies; | ||
(C) errors in tabulation of results; | ||
(D) delays in reporting election returns; and | ||
(E) discovery of voted ballots after the polls | ||
close. | ||
SECTION 2. Section 31.038, Election Code, is amended by | ||
amending Subsection (a) and adding Subsection (c) to read as | ||
follows: | ||
(a) Except as provided by Subsection (c), a [ |
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the position of county elections administrator is filled by | ||
appointment of the county election commission. | ||
(c) A vacancy created by the suspension of a county | ||
elections administrator under Section 31.037(b) is filled by | ||
appointment of the secretary of state. An elections administrator | ||
appointed by the secretary of state under this subsection serves | ||
until the secretary determines that the recurring pattern of | ||
problems with election administration are rectified. | ||
SECTION 3. This Act takes effect September 1, 2023. |