S.B. No. 1933
 
 
 
 
AN ACT
  relating to certain oversight procedures of the state over county
  elections.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act may be cited as the Alan Vera Election
  Accountability Act of 2023.
         SECTION 2.  Subchapter A, Chapter 31, Election Code, is
  amended by adding Sections 31.017, 31.018, 31.019, 31.020, 31.021,
  and 31.022 to read as follows:
         Sec. 31.017.  IMPLEMENTATION OF ADMINISTRATIVE OVERSIGHT OF
  COUNTY ELECTION. (a)  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 if:
               (1)  an administrative election complaint is filed with
  the secretary of state by a person who participated in the relevant
  election as:
                     (A)  a candidate;
                     (B)  a county chair or state chair of a political
  party;
                     (C)  a presiding judge;
                     (D)  an alternate presiding judge; or
                     (E)  the head of a specific-purpose political
  committee that supports or opposes a measure;
               (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
               (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:
                     (A)  malfunction of voting system equipment that
  prevents a voter from casting a vote;
                     (B)  carelessness or official misconduct in the
  distribution of election supplies;
                     (C)  errors in the tabulation of results that
  would have affected the outcome of an election;
                     (D)  violations of Section 66.053;
                     (E)  discovery of properly executed voted ballots
  after the canvass of an election that were not counted; or
                     (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.
         Sec. 31.018.  NOTICE OF COMPLAINT. (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)(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.
         (b)  Subject to Subsection (c), not later than the 30th day
  after receiving notice of the administrative election complaint
  under Subsection (a), the county election official with authority
  over election administration or voter registration may provide a
  response with any supporting documentation relating to the
  complaint or the allegations in the complaint to the secretary of
  state.
         (c)  If the administrative election complaint filed under
  Section 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).
         Sec. 31.019.  INVESTIGATION OF COMPLAINT. (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)(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.
         (b)  If the secretary of state decides to conduct an
  investigation under Subsection (a), the secretary must provide the
  county election official with authority over election
  administration or voter registration notice of the determination to
  conduct the investigation.
         (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)(1).
         Sec. 31.020. COUNTY ELECTION OFFICE OVERSIGHT BY SECRETARY.
  (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 under Section
  31.017(a)(3).
         (b)  The authority of administrative oversight over a county
  granted to the secretary of state under this subchapter must
  include:
               (1)  requiring the approval and review by the secretary
  of state of any policies or procedures regarding the administration
  of elections issued by the county; and
               (2)  authorizing all appropriate personnel in the
  secretary of state's office to conduct in-person observations of
  the county election office's activities, including any activities
  related to election preparation, early voting, election day, and
  post-election day procedures.
         (c)  The county election office being overseen by the
  secretary of state shall provide sufficient access to the
  appropriate personnel in the secretary of state's office to perform
  their duties under Subsection (b).
         (d)  Once each quarter during the period when the secretary
  of state is overseeing elections in a county under Subsection (a),
  the secretary shall submit a report regarding the activities of the
  oversight personnel to the members of the county election
  commission and the county attorney.
         (e)  The secretary of state shall deliver the report required
  by Subsection (d) in person to the county commissioners court if
  requested by the commissioners court.
         (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)(1); or
               (2)  the date on which the secretary of state
  determines that the recurring pattern of problems with election
  administration or voter registration is rectified.
         Sec. 31.021.  REMOVAL OR TERMINATION OF COUNTY ELECTION
  OFFICIAL AFTER ADMINISTRATIVE OVERSIGHT. (a) At the conclusion of
  administrative oversight under this subchapter, 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, the secretary
  of state may file a petition for the removal under Section 87.015,
  Local Government Code, of the applicable county officer with
  authority over election administration or voter registration.
         (b)  At the conclusion of administrative oversight under
  this subchapter, the secretary of state may enter a written order to
  terminate the employment of a county elections administrator, in a
  county that has the position, under Section 31.037(b).
         Sec. 31.022.  RULES. The secretary of state may adopt rules
  necessary to implement the administrative oversight of a county as
  provided under this subchapter.
         SECTION 3.  Section 31.037, Election Code, is amended to
  read as follows:
         Sec. 31.037.  SUSPENSION OR TERMINATION OF EMPLOYMENT.  (a)  
  The employment of the county elections administrator may be
  suspended, with or without pay, or terminated at any time for good
  and sufficient cause on the four-fifths vote of the county election
  commission and approval of that action by a majority vote of the
  commissioners court.
         (b)  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 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 4.  Section 127.351, Election Code, is amended by
  amending Subsections (a) and (d) and adding Subsections (e) and (f)
  to read as follows:
         (a)  Immediately after the uniform election date in November
  of an even-numbered year, the secretary of state shall conduct an
  audit of the elections held on the uniform election date in four
  counties during the previous two years.
         (d)  If the secretary of state completes the audit of a
  county under Subsection (b)(1) before the end of a two-year period,
  the secretary may randomly select another county with a total
  population of less than 300,000 to be audited.
         (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)(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
                     (B)  recommend the county for administrative
  oversight under Subchapter A, Chapter 31; and
               (2)  may conduct an audit of other elections held in the
  county in the previous two years, as determined necessary by the
  secretary.
         (f)  The secretary of state shall adopt rules as necessary to
  implement this section.
         SECTION 5.  This Act takes effect September 1, 2023.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1933 passed the Senate on
  April 13, 2023, by the following vote:  Yeas 19, Nays 11;
  May 25, 2023, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; May 26, 2023, House
  granted request of the Senate; May 28, 2023, Senate adopted
  Conference Committee Report by the following vote:  Yeas 19,
  Nays 12.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1933 passed the House, with
  amendments, on May 23, 2023, by the following vote:  Yeas 81,
  Nays 59, one present not voting; May 26, 2023, House granted
  request of the Senate for appointment of Conference Committee;
  May 28, 2023, House adopted Conference Committee Report by the
  following vote:  Yeas 84, Nays 58, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor