House Bill No. 989 introduces a new chapter to the Texas Election Code, specifically Chapter 280, which establishes processes for addressing election irregularities. The bill allows individuals involved in an election—such as candidates, political party chairs, and election officials—to request explanations and supporting documentation from the county clerk or relevant authority regarding potential violations or irregularities in election procedures. The county clerk is required to respond within specified timeframes, and if the requester is unsatisfied with the response, they can escalate the matter to the Secretary of State for an audit. The Secretary of State is tasked with determining the validity of the claims and may initiate an audit at the county's expense if the initial information is deemed insufficient.
Additionally, the bill outlines penalties for election authorities that fail to address identified violations. If a violation is not remedied within 30 days of notification, a civil penalty of $500 will be assessed for each unaddressed violation, with the possibility of further penalties for ongoing non-compliance. The Secretary of State is also required to maintain a record of authorities that incur penalties and publish this information online. The provisions of this bill will apply only to elections held after its effective date of September 1, 2025.
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