Toth Bill Adds An Election Conservator The Caption Never Mentions

The text as introduced · 1,035 words

By: Toth
H.B. No. 3491

A BILL TO BE ENTITLED

AN ACT

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) discrepancies in the results of a reconciliation

of ballots between the number of voters and the number of 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 requestor 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 requestor 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 may appoint a conservator to oversee elections in the

county where the violation occurred. The conservator shall serve

for two federal election cycles.

(g) A county for which a conservator is appointed under

Subsection (f) shall pay the costs of providing the conservator,

including the salary and benefits of the conservator.

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, 2025.