H.B. No. 989 introduces a new chapter, Chapter 280, to the Texas Election Code, which establishes a formal process for addressing election irregularities. The bill allows individuals who participated in an election—such as candidates, political party chairs, and presiding judges—to request explanations and supporting documentation from the county clerk or election authority regarding specific actions or irregularities. The county clerk is required to respond within 20 days, and if the requestor is unsatisfied, they can seek further explanations or request an audit from the Secretary of State. The Secretary of State must determine the sufficiency of the information provided and may initiate an audit at the county's expense if necessary.
Additionally, the bill outlines penalties for election authorities that fail to remedy identified violations. If a violation is not addressed within 30 days of notification, a civil penalty of $500 will be assessed for each unremedied violation, with the possibility of additional penalties for ongoing non-compliance. The Secretary of State is also tasked with maintaining a record of authorities that incur penalties, which will be published online. This legislation aims to enhance accountability and transparency in the electoral process, with provisions taking effect on September 1, 2025, for elections held thereafter.
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