SB618 - Relating to the unlawful altering of election procedures; providing a civil penalty.

      By: Sparks, et al. S.B. No. 618     (Leach, et al.)           A BILL TO BE ENTITLED   AN ACT   relating to the unlawful altering of election procedures; providing   a civil penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 276.019, Election Code, is amended to   read as follows:          Sec. 276.019.  UNLAWFUL ALTERING OF ELECTION PROCEDURES ;   CIVIL PENALTY .  (a)   A public official or election official may not   create, alter, modify, waive, or suspend any election standard,   practice, or procedure mandated by law or rule in a manner not   expressly authorized by this code.           (b)     After the secretary of state receives a formal complaint   indicating that a public official or election official has violated   Subsection (a), the secretary of state shall promptly investigate   the standard, practice, or procedure appearing to have violated   Subsection (a).   If the secretary of state determines that a   violation of Subsection (a) has occurred, the secretary of state   shall promptly send to the public official or election official   determined to have violated that subsection:                 (1)     notification of the secretary of state's   determination;                 (2)     a demand that the official immediately cease the   implementation or enforcement of the standard, practice, or   procedure determined to have violated Subsection (a); and                 (3)     instructions for the specific actions necessary   for compliance with Subsection (a).           (c)     If, more than two business days after receiving   notification under Subsection (b), a public official or election   official does not comply with Subsection (a) as instructed under   Subsection (b)(3), the secretary of state shall:                 (1)     notify the attorney general that the official may   be subject to a civil penalty under Subsection (d); and                 (2)     forward to the attorney general any documents or   information received, discovered, or created during the secretary   of state's investigation under Subsection (b).           (d)     A public official or election official is liable to this   state for a civil penalty for each day that the official fails or   refuses to take an affirmative action to comply with Subsection (a)   in an amount not to exceed:                 (1)     $1,000 per day for each day after the second day   and on or before the seventh day after receiving a notice under   Subsection (b); or                 (2)     $5,000 per day for each day after the seventh day   after receiving a notice under Subsection (b).           (e)     The attorney general may bring an action to recover a   civil penalty imposed under Subsection (d).           (f)     A civil penalty collected by the attorney general under   this section shall be deposited in the state treasury to the credit   of the general revenue fund.           (g)     A repeated violation of Subsection (a) by a public   official or election official of a political subdivision, other   than an elected official, is grounds for removal of the official by   the appointing political subdivision.           (h)     Except as provided by Subsection (i), the secretary of   state shall produce and post on the secretary of state's publicly   accessible Internet website a monthly report containing   information on each reported violation of Subsection (a).   The   report shall only include:                 (1)     the county where the violation allegedly took   place;                 (2)     the specific election standard, practice, or   procedure mandated by law or rule alleged to have been created,   altered, modified, waived, or suspended in a manner not expressly   authorized by this code;                 (3)  the date or dates of the alleged violation; and                 (4)     the resolution of the secretary of state's   investigation, including the resolution of any further proceedings   or actions.           (h-1)     The secretary of state shall update the information   required under Subsection (h)(4) as necessary.           (i)     Documents or information received, discovered, or   created during the secretary of state's investigation under   Subsection (b) are confidential and not subject to disclosure under   Chapter 552, Government Code, unless the secretary of state or   attorney general has determined that a formal complaint submitted   to the secretary of state under this section does not rise to the   level of criminal conduct, or will not be further investigated or   the subject of any further proceedings or actions.           (j)     A public official, election official, or registered   voter reporting an alleged violation of Subsection (a) by the   secretary of state or any personnel working in the secretary of   state's elections division shall send a formal complaint containing   the details of the alleged violation to the secretary of state.   The   complaint must:                 (1)  include the nature of the alleged violation; and                 (2)     demand that the secretary of state cease all acts   or omissions that constitute the alleged violation and take   whatever action necessary to correct the violation.           (j-1)     The secretary of state shall include information on   each formal complaint received under Subsection (j) in the manner   provided by Subsection (h).           (j-2)     The secretary of state shall promptly notify the   complainant in writing of all corrective action taken in response   to the alleged violation of Subsection (a) or a clear explanation to   the complainant on the secretary of state's compliance with   Subsection (a).          SECTION 2.  This Act takes effect September 1, 2025.