By: Hughes, et al. S.B. No. 1863     (Shaheen)           A BILL TO BE ENTITLED   AN ACT   relating to the conduct of randomized county election audits.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 127.351, Election Code, is amended by   amending Subsections (a) and (b) and adding Subsections (a-1),   (b-1), (b-2), (c-1), (d-1), (d-2), (d-3), (d-4), (e-1), (e-2), and   (e-3) to read as follows:          (a)  Immediately after each November [the] uniform election   date [in November of an even-numbered year], the secretary of state   shall conduct an audit of the elections held on that November [the]   uniform election date in 16 [four] counties [during the previous   two years]. The audit shall include any election held in the   preceding year in a political subdivision of a county included in   the audit.          (a-1)  For purposes of enabling the secretary of state to   conduct audits under this section, each county and political   subdivision of this state authorized to hold an election shall:                (1)  register with the secretary of state as a county or   political subdivision authorized to hold an election; and                (2)  notify the secretary of state of each election   held by the county or political subdivision not later than the 90th   day before the date of the election.          (b)  The secretary of state shall select the counties to be   audited under Subsection (a) at random, except that:                (1)  13 [two] of the counties selected must have a total   population of less than 300,000;                (2)  three [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.          (b-1)  An audit conducted under this section may not be   conducted before:                (1)  the end of the period for filing a petition in an   election contest; or                (2)  a resulting runoff for an election.          (b-2) Notwithstanding Subsection (b), in the audits   performed following the elections held on the November 2025 and   November 2026 uniform election dates, the secretary of state shall   include in place of one of the counties selected under Subsection   (b)(2) a county with a total population of less than 150. This   subsection expires September 1, 2031.          (c-1)  In conducting an audit under this section, the   secretary of state shall audit:                (1)  the accuracy of voter registration lists;                (2)  the registrar's compliance with voter registration   list maintenance requirements;                (3)  the procedures for testing voting equipment and   voting systems before the start of tabulation, including procedures   related to:                      (A)  testing ballots; and                      (B)  the storage and maintenance of voting   equipment and voting systems;                (4)  any chain of custody or seal documentation   requirements for election records or supplies;                (5)  the procedures for early voting by mail, including   procedures related to:                      (A)  applications for a ballot to be voted by   mail;                      (B)  early voting by mail ballot envelopes and   carrier envelopes;                      (C)  lists kept by the early voting clerk or   registrar related to early voting by mail; and                      (D)  records created or used by the early voting   ballot board; and                (6)  the procedures for provisional ballots, including   procedures related to:                      (A)  envelopes containing provisional ballots;   and                      (B)  records related to provisional ballots.          (d-1)  The county clerk or person performing the duties of a   county clerk in a county or political subdivision audited under   this section shall provide all necessary documents, records, and   access requested by the secretary of state.          (d-2)  If a person willingly fails to comply with a request   made by the secretary of state under Subsection (d-1), the   secretary of state may decline to reimburse the county or political   subdivision for any state-funded election expenses for a period of   not more than two years.          (d-3)  The secretary of state shall provide notice of any   action taken under Subsection (d-2) not later than the 10th day   after the date the secretary of state determines that the person has   intentionally or knowingly failed to comply with Subsection (d-1).          (d-4)  A county or political subdivision may appeal a   determination by the secretary of state that the county or   political subdivision has intentionally or knowingly failed to   comply with Subsection (d-1) in a district court with jurisdiction   over the county or political subdivision.          (e-1)  The secretary of state shall issue a report on each   audit conducted under this section and shall publish each report on   the secretary of state's Internet website. Notwithstanding any   other law, the contents of the report and any documents used in   conducting the audit are not subject to Chapter 552, Government   Code, until the report is officially published.          (e-2)  Before issuing a report under Subsection (e-1), the   secretary of state shall allow local election officials in the   county or political subdivision that is the subject of the audit to   review the report and provide comments to be submitted with the   report.          (e-3)  A report under Subsection (e-1) must include:                (1)  a list of any major findings that may affect the   outcome of an election;                (2)  a determination whether any voters were determined   to be disenfranchised;                (3)  a detailed report of any major or minor findings of   the audit;                (4)  any comments provided by a local election official   under Subsection (e-2);                (5)  information related to any findings, actions, or   efforts taken under Subsection (e); and                (6)  any recommended changes for the election practices   of the county, political subdivision, or secretary of state.          SECTION 2.  Subchapter J, Chapter 127, Election Code, is   amended by adding Section 127.352 to read as follows:          Sec. 127.352.  BALLOT ACCOUNTING IN RANDOMIZED COUNTY AUDIT   PILOT PROGRAM. (a) The secretary of state shall conduct a pilot   program as part of the randomized county audits conducted under   Section 127.351 in which the secretary of state develops an   auditing procedure that aims to account for each ballot prepared in   a county and numbered as required by Section 52.062.          (b)  When conducting randomized county audits under Section   127.351, the secretary of state shall randomly select one of the   counties selected under Section 127.351(b)(1) to participate in the   program.          (c)  In conducting the audit under Section 127.351, the   secretary of state shall, in addition to the requirements of that   section:                (1)  audit the county selected under Subsection (b)   using the auditing procedure developed under Subsection (a); and                (2)  provide a report to the legislature noting any   omissions or discrepancies discovered in the audit.          (d)  This section expires September 1, 2027.          SECTION 3.  Section 127.351(d), Election Code, is repealed.          SECTION 4.  This Act takes effect September 1, 2025.