House Bill No. 3491 introduces a new chapter to the Texas Election Code, specifically Chapter 280, 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 discrepancies related to the election. The county clerk is required to respond within 20 days, and if the requester is unsatisfied, they can seek further explanations or request an audit from the Secretary of State. The Secretary of State is mandated to conduct an audit if the initial information provided is deemed insufficient.

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. The act is set to take effect on September 1, 2025, and applies only to elections held after this date.

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