Plesa Election Bill Counts New Rules As Force Majeure

The text as introduced · 479 words

89R15858 LRM-F

By: Plesa
H.B. No. 4288

A BILL TO BE ENTITLED

AN ACT

relating to the administration of elections, including the public

inspection of certain election records.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Section 1.006, Election Code, is

amended to read as follows:

Sec. 1.006. EFFECT OF WEEKEND , [ OR ] HOLIDAY , OR FORCE

MAJEURE .

SECTION 2. Sections 1.006(a) and (f), Election Code, are

amended to read as follows:

(a) If the last day for performance of an act is a Saturday,

Sunday, or legal state or national holiday, or the performance of

the act is not possible because of an act of God, force majeure, or

similar cause beyond the control of the person performing the act,

the act is timely if performed on the next regular business day,

except as otherwise provided by this code.

(f) In this code:

(1) "Force majeure" means a major event or combination

of major events, including new or expanded state or federal

statutory or regulatory requirements; hurricanes, tornadoes, ice

storms, or other natural disasters; or acts of war, terrorism, or

civil disturbance, beyond the control of this state.

(2) "National holiday" means:

(A) a legal public holiday under 5 U.S.C. Section

6103; and

(B) if a holiday described by Paragraph (A)

occurs on a Saturday or Sunday, a holiday taken in lieu of that

holiday on which there is no regular United States mail delivery.

(3) [ (2) ] "State holiday" means a state holiday under

Sections 662.003(b)(1) through (6), Government Code.

SECTION 3. Section 1.007, Election Code, is amended by

adding Subsection (c-1) to read as follows:

(c-1) If a delivery, submission, or filing under this code

requires submission in person by a specific time, the delivery,

submission, or filing shall be accepted if the person or document

entered the office before the prescribed deadline.

SECTION 4. Section 1.012, Election Code, is amended by

amending Subsection (g) and adding Subsections (i) and (j) to read

as follows:

(g) Beginning on the 300th [ 61st ] day after election day,

the general custodian of election records shall make available for

public inspection election records that are original voted ballots.

(i) Notwithstanding Chapter 552, Government Code, the

following information is confidential and not subject to disclosure

under that chapter if the disclosure of the information would

violate the privacy of a voter's selections:

(1) information on an electronic poll list, including

any serial number or time stamp, indicating when a voter is accepted

at a polling place; or

(2) a voter's name and the ballot serial number

included on the register of spoiled ballots.

(j) A custodian may withhold information described by

Subsection (i) without requesting a decision from the attorney

general under Subchapter G, Chapter 552, Government Code.

SECTION 5. This Act takes effect September 1, 2025.