bill letting candidates demand answers on election irregularities

The text as introduced · 801 words

By: Toth
H.B. No. 968

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 for an explanation and supporting documentation for:

(1) an action taken by an election officer that

appears to violate this code;

(2) irregularities in precinct results; or

(3) inadequacy or irregularity of documentation

required to be maintained under this code.

(b) Not later than the 20th day after the date a request is

received under Subsection (a), a county clerk 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.

(d) Not later than the 10th day after the date a request is

received under Subsection (c), the county clerk 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 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 person's

county clerk under Sections 280.001(a) and (c);

(2) the explanations provided by the county clerk to

the person under Sections 280.001(b) and (d); and

(3) any supporting documentation provided by the

county clerk 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 shall immediately begin an audit of the identified

irregularity at the expense of the county.

(c) The county clerk 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.

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 a county clerk detailing any

violation of this code found during the conduct of an audit under

Section 280.002.

(b) If the county clerk does not remedy a violation detailed

in a notice under Subsection (a) by the 30th day after the date the

clerk 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. 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, the secretary shall assess

an additional penalty under Subsection (b) for each day the county

clerk does not remedy the violation until the violation is

remedied.

(d) The secretary of state shall maintain a record of county

clerks 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.