Bill > HB3491

This bill creates a new chapter in the Texas Election Code that establishes a detailed process for addressing potential election irregularities. Specific individuals, including candidates, political party chairs, election judges, and political committee heads, can request explanations from county clerks about potential election violations or discrepancies. If unsatisfied with the county clerk's response, the requestor can then ask the Secretary of State to conduct an audit. The Secretary of State must review the request within 30 days and can either determine if the information sufficiently explains the irregularity or initiate a formal audit at the county's expense. If a violation is found, the Secretary of State can issue a notice requiring the county to remedy the issue within 30 days, and if not addressed, can impose a $500 civil penalty for each unresolved violation. In more serious cases, the Secretary of State may appoint a conservator to oversee elections in the problematic county for two federal election cycles, with the county bearing the conservator's costs. The bill also requires the Secretary of State to maintain and publish a public record of counties assessed civil penalties, and allows the Attorney General to pursue unpaid penalties. This legislation will apply only to elections held on or after its effective date of September 1, 2025.

Government Affairs

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB3491