SB1541 - Relating to state oversight of county elections following a county election audit.

  89R28897 JDK-D     By: Bettencourt, et al. S.B. No. 1541     (Swanson)     Substitute the following for S.B. No. 1541:  No.       A BILL TO BE ENTITLED   AN ACT   relating to state oversight of county elections following a county   election audit.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 31.017, Election Code, is amended to   read as follows:          Sec. 31.017.  IMPLEMENTATION OF ADMINISTRATIVE OVERSIGHT OF   COUNTY ELECTION. (a) The [ In a county with a population of more   than 4 million, the ] secretary of state's office may order   administrative oversight of a county office administering   elections or voter registration in the county :                 (1)  under Section 127.351; or                 (2)   if , in a county with a population of more than 4   million :                       (A)  [ (1) ]  an administrative election complaint   is filed with the secretary of state by a person who participated in   the relevant election as:                             (i)  [ (A) ]  a candidate;                             (ii)  [ (B) ]  a county chair or state chair of   a political party;                             (iii)  [ (C) ]  a presiding judge;                             (iv)  [ (D) ]  an alternate presiding judge; or                             (v)  [ (E) ]  the head of a specific-purpose   political committee that supports or opposes a measure;                       (B)  [ (2) ]  the secretary of state has provided   notice to the county election official with authority over election   administration or voter registration under Section 31.018; and                       (C)  [ (3) ]  the secretary of state, after   conducting an investigation under Section 31.019, has good cause to   believe that a recurring pattern of problems with election   administration or voter registration exists in the county,   including any recurring:                             (i)  [ (A) ]  malfunction of voting system   equipment that prevents a voter from casting a vote;                             (ii)  [ (B) ]  carelessness or official   misconduct in the distribution of election supplies;                             (iii)  [ (C) ]  errors in the tabulation of   results that would have affected the outcome of an election;                             (iv)  [ (D) ]  violations of Section 66.053;                             (v)  [ (E) ]  discovery of properly executed   voted ballots after the canvass of an election that were not   counted; or                             (vi) [ (F) ]  failure to conduct maintenance   activities on the lists of registered voters as required under this   code.          (b)  The secretary of state shall make a determination on   whether to implement administrative oversight under Subsection (a)   not later than the 30th day after the earliest of:                (1)  the day a response by the county election official   with authority over election administration or voter registration   is received by the secretary of state under Section 31.018;                (2)  the last day the county election official with   authority over election administration or voter registration could   provide a response to the secretary of state under Section 31.018;   [ or ]                (3)  the day the report on the findings of an   investigation is provided to the county election official with   authority over election administration or voter registration under   Section 31.019 ; or                 (4)     the monitoring period under Section 127.351 has   expired .          SECTION 2.  Sections 31.018(a) and (c), Election Code, are   amended to read as follows:          (a)  In a county with a population of more than 4 million and   not later than the 30th day after receiving an administrative   election complaint under Section 31.017(a)(2)(A) [ 31.017(a)(1) ],   the secretary of state shall provide notice of the complaint to the   applicable county election official with authority over election   administration or voter registration, including the specific   allegations against the election official in the complaint.          (c)  If the administrative election complaint filed under   Section 31.017(a)(2)(A) [ 31.017(a)(1) ] concerns an election for   which voting by personal appearance has begun and the final canvass   has not been completed, the county election official with authority   over election administration or voter registration must provide a   response under Subsection (b) not later than 72 hours after   receiving notice of the complaint under Subsection (a).          SECTION 3.  Sections 31.019(a) and (c), Election Code, are   amended to read as follows:          (a)  In a county with a population of more than 4 million, the   secretary of state may direct personnel in the secretary of state's   office to conduct an investigation on an administrative election   complaint received under Section 31.017(a)(2)(A) [ 31.017(a)(1) ]   and must consider any response or supporting documentation provided   by the county election official with authority over election   administration or voter registration under Section 31.018, if   applicable.          (c)  After completing an investigation under this section,   the secretary of state must provide a report on the findings of the   investigation to:                (1)  the county election official with authority over   election administration or voter registration; and                (2)  the individual who filed the administrative   election complaint under Section 31.017(a)(2)(A) [ 31.017(a)(1) ].          SECTION 4.  Sections 31.020(a) and (f), Election Code, are   amended to read as follows:          (a)  If the secretary of state implements administrative   oversight under Section 31.017, the secretary shall provide written   notice to the county election official with authority over election   administration or voter registration and the county judge of the   determination by the secretary to implement administrative   oversight in the county. The notice must include the specific   recurring pattern of problems with election administration or voter   registration identified by the secretary and as described by     [ under ] Section 31.017(a)(2)(C) [ 31.017(a)(3) ].          (f)  The secretary of state shall conduct the administrative   oversight of a county until the earlier of:                (1)  December 31 of the even-numbered year following   the first anniversary of the date the complaint was received under   Section 31.017(a)(2)(A) [ 31.017(a)(1) ];                 (2)     December 31 of the even-numbered year following   the first anniversary of the secretary of state's decision to   administer administrative oversight under Section 127.351; or                 (3)  [ (2) ]  the date on which the secretary of state   determines that the recurring pattern of problems with election   administration or voter registration is rectified.          SECTION 5.  Section 31.037(b), Election Code, is amended to   read as follows:          (b)   The [ In a county with a population of more than 4   million, the ] secretary of state may enter a written order to   terminate the employment of a county elections administrator at the   conclusion of administrative oversight of the county elections   administrator's office under this subchapter [ Subchapter A ] if the   recurring pattern of problems with election administration or voter   registration is not rectified or continues to impede the free   exercise of a citizen's voting rights in the county.          SECTION 6.  Section 127.351, Election Code, is amended by   amending Subsection (e) and adding Subsection (e-1) to read as   follows:          (e)  If [ not later than July 31 of the first odd-numbered   year following the commencement of an audit under this section, ]   the audit findings demonstrate to the secretary of state that a   recurring pattern of problems with election administration or voter   registration, as described under Section 31.017(a)(2)(C)   [ 31.017(a)(3) ], exists in an audited county and the problems impede   the free exercise of a citizen's voting rights, the secretary:                (1)  shall[ :                      [ (A) ]  publicly release the [ preliminary ]   findings of the audit[ ; ] and either:                       (A)  [ (B) ]  recommend the county for   administrative oversight under Subchapter A, Chapter 31 ; or                       (B)     coordinate with the applicable county   election official to develop a plan to remedy the identified   problems ; and                (2)  may conduct , as determined necessary by the   secretary:                       (A)   an audit of other elections held in the   county in the previous two years ; or                       (B)     an audit of other elections held within two   years of the completion of an audit under this section [ , as   determined necessary by the secretary ].           (e-1)     The secretary of state may monitor compliance with a   plan developed under Subsection (e)(1)(B) for a year following the   creation of the plan. If the secretary of state determines the   county has failed to adequately implement the plan developed, the   secretary of state may order administrative oversight in accordance   with Subsection (e).          SECTION 7.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.