The secretary of state may order administrative oversight of a county election office in a county with more than 4 million people if the listed complaint, notice, and investigation conditions are met.
Sec. 31.017. IMPLEMENTATION OF ADMINISTRATIVE OVERSIGHT OF COUNTY ELECTION. (a) In a county with a population of more than 4 million, the secretary of state's office may order administrative oversight of a county office administering elections or voter registration in the county if: (1) an administrative election complaint is filed with the secretary of state by a person who participated in the relevant election as: (A) a candidate; (B) a county chair or state chair of a political party; (C) a presiding judge; (D) an alternate presiding judge; or (E) the head of a specific-purpose political committee that supports or opposes a measure; (2) the secretary of state has provided notice to the county election official with authority over election administration or voter registration under Section 31.018; and (3) the secretary of state, after conducting an investigation under Section 31.019, has good cause to believe that a recurring pattern of problems with election administration or voter registration exists in the county, including any recurring: (A) malfunction of voting system equipment that prevents a voter from casting a vote; (B) carelessness or official misconduct in the distribution of election supplies; (C) errors in the tabulation of results that would have affected the outcome of an election; (D) violations of Section 66.053; (E) discovery of properly executed voted ballots after the canvass of an election that were not counted; or (F) failure to conduct maintenance activities on the lists of registered voters as required under this code. (b) The secretary of state shall make a determination on whether to implement administrative oversight under Subsection (a) not later than the 30th day after the earliest of: (1) the day a response by the county election official with authority over election administration or voter registration is received by the secretary of state under Section 31.018; (2) the last day the county election official with authority over election administration or voter registration could provide a response to the secretary of state under Section 31.018; or (3) the day the report on the findings of an investigation is provided to the county election official with authority over election administration or voter registration under Section 31.019. Added by Acts 2023, 88th Leg., R.S., Ch. 957 (S.B. 1933), Sec. 2, eff. September 1, 2023.