H.B. No. 3491 introduces a new chapter, Chapter 280, to the Texas Election Code, which establishes a formal process for addressing election irregularities. Under this chapter, individuals who participated in an election—such as candidates, political party chairs, and presiding judges—can submit written requests to the county clerk or relevant election authority for explanations and documentation 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 must then investigate the matter and can appoint a conservator to oversee elections in cases of confirmed violations.

Additionally, the bill outlines civil penalties for election authorities that fail to remedy identified violations within a specified timeframe. If a violation is not addressed within 30 days of notification, a civil penalty of $500 will be assessed for each unremedied violation, with further penalties accruing for ongoing non-compliance. The Secretary of State is tasked with maintaining a record of such penalties and publishing it 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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