89R1595 MPF-D     By: Bettencourt, et al. S.B. No. 505       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 or other authority conducting an election for an   explanation and supporting documentation for:                (1)  an action taken by an election officer that   appears to violate this code;                (2)  irregularities in results in a precinct or at a   polling place or early voting polling place;                (3)  inadequacy or irregularity of documentation   required to be maintained under this code; or                (4)  discrepancies in the results of a reconciliation   of ballots between the number of voters and the number of votes   cast.          (b)  Not later than the 20th day after the date a request is   received under Subsection (a), the county clerk or other authority   shall provide the requestor 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 or other authority.          (d)  Not later than the 10th day after the date a request is   received under Subsection (c), the county clerk or other authority   shall provide the requestor 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 or state 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 county clerk   or other authority conducting the election under Sections   280.001(a) and (c); and                (2)  the explanations and any supporting documentation   provided by the county clerk or other authority 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 of state shall immediately begin an audit of the   identified irregularity at the expense of the county or other   authority conducting the election.          (c)  The county clerk or other authority conducting the   election 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 or other   authority conducting the election.          (e)  The secretary of state may, in the secretary's   discretion, make a determination that a violation of this code has   occurred solely on the basis of evidence submitted under Subsection   (a) without conducting an audit. The secretary of state shall send   notice of the determination to the person who submitted the request   for the audit and to the county clerk or other authority conducting   the election.          (f)  If, following an audit, the secretary of state   determines that a violation of this code has occurred, the   secretary may appoint a conservator to oversee elections in the   county where the violation occurred. The conservator shall serve   for two federal election cycles.          (g)  A county for which a conservator is appointed under   Subsection (f) shall pay the costs of providing the conservator,   including the salary and benefits of the conservator.          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 the county clerk or other authority   conducting an election detailing any violation of this code found   by the secretary under Section 280.002.          (b)  If the county clerk or other authority conducting an   election does not remedy a violation detailed in a notice under   Subsection (a) by the 30th day after the date the clerk or other   authority 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 or   other authority.  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 or other authority, the   secretary shall assess an additional penalty under Subsection (b)   for each day the county clerk or other authority does not remedy the   violation until the violation is remedied.          (d)  The secretary of state shall maintain a record of county   clerks or other authorities that conduct elections 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.