The secretary of state must audit elections in four counties after the November uniform election date in even-numbered years, choose the counties by random selection with population limits, and adopt rules to carry out the section.
Sec. 127.351. RANDOMIZED COUNTY AUDITS. (a) Immediately after the uniform election date in November of an even-numbered year, the secretary of state shall conduct an audit of the elections held on the uniform election date in four counties during the previous two years. (b) The secretary of state shall select the counties to be audited under Subsection (a) at random, except that: (1) two of the counties selected must have a total population of less than 300,000; (2) two of the counties selected must have a total population of 300,000 or more; and (3) a county selected in the most recent audit cycle may not be selected in the current audit cycle. (c) A county selected to be audited may not pay the cost of performing an audit under this section. (d) If the secretary of state completes the audit of a county under Subsection (b)(1) before the end of a two-year period, the secretary may randomly select another county with a total population of less than 300,000 to be audited. (e) If not later than July 31 of the first odd-numbered year following the commencement of an audit under this section, the audit findings demonstrate to the secretary of state that a recurring pattern of problems with election administration or voter registration, as described under Section 31.017(a)(3), exists in an audited county and the problems impede the free exercise of a citizen's voting rights, the secretary: (1) shall: (A) publicly release the preliminary findings of the audit; and (B) recommend the county for administrative oversight under Subchapter A, Chapter 31; and (2) may conduct an audit of other elections held in the county in the previous two years, as determined necessary by the secretary. (f) The secretary of state shall adopt rules as necessary to implement this section. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 3.19, eff. December 2, 2021. Amended by: Acts 2023, 88th Leg., R.S., Ch. 957 (S.B. 1933), Sec. 4, eff. September 1, 2023.