HB 2773
AN ACT relating to the unlawful altering of election procedures; providing
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
Prohibits public and election officials from altering, modifying, waiving, or suspending election procedures not expressly authorized by law. If the Secretary of State discovers such a violation, they must investigate, notify the official, and demand immediate cessation of the unauthorized practice. Officials who fail to comply face escalating civil penalties of $1,000 per day for the first five days and $5,000 per day thereafter, with the Attorney General empowered to pursue these penalties in court.
Subject Areas
Bill Text
relating to the unlawful altering of election procedures; providing BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 276.019, Election Code, is amended to 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 or discovers information indicating that a public official or election official has violated Subsection (a), the secretary of state shall 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 send to the public official or election official determined to have violated that subsection: (1) notification of the secretary of state's (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 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) (1) $1,000 per day for each day after the second day and on or before the seventh day after receiving a notice under (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 (g) 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 complaint submitted to the secretary of state under this section will not be further investigated or the subject of any further proceedings or actions. SECTION 2. This Act takes effect September 1, 2025.
Bill History
Bill filed: AN ACT relating to the unlawful altering of election procedures; providing
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