HB968 - Relating to processes to address election irregularities; providing a civil penalty.

      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.