HB 4288 Introduced

Relating to the administration of elections, including the public inspection of certain election records. 

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A BILL TO BE ENTITLED

 

AN ACT

 

relating to the administration of elections, including the public

 

inspection of certain election records.

 

       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 

       SECTION 1.  The heading to Section 1.006, Election Code, is

 

amended to read as follows:

 

       Sec. 1.006.  EFFECT OF WEEKEND, [OR] HOLIDAY, OR FORCE

 

MAJEURE.

 

       SECTION 2.  Sections 1.006(a) and (f), Election Code, are

 

amended to read as follows:

 

       (a)  If the last day for performance of an act is a Saturday,

 

Sunday, or legal state or national holiday, or the performance of

 

the act is not possible because of an act of God, force majeure, or

 

similar cause beyond the control of the person performing the act,

 

the act is timely if performed on the next regular business day,

 

except as otherwise provided by this code.

 

       (f)  In this code:

 

             (1)  “Force majeure” means a major event or combination

 

of major events, including new or expanded state or federal

 

statutory or regulatory requirements; hurricanes, tornadoes, ice

 

storms, or other natural disasters; or acts of war, terrorism, or

 

civil disturbance, beyond the control of this state.

 

             (2)  “National holiday” means:

 

                   (A)  a legal public holiday under 5 U.S.C. Section

 

6103; and

 

                   (B)  if a holiday described by Paragraph (A)

 

occurs on a Saturday or Sunday, a holiday taken in lieu of that

 

holiday on which there is no regular United States mail delivery.

 

             (3) [(2)]  “State holiday” means a state holiday under

 

Sections 662.003(b)(1) through (6), Government Code.

 

       SECTION 3.  Section 1.007, Election Code, is amended by

 

adding Subsection (c-1) to read as follows:

 

       (c-1)  If a delivery, submission, or filing under this code

 

requires submission in person by a specific time, the delivery,

 

submission, or filing shall be accepted if the person or document

 

entered the office before the prescribed deadline.

 

       SECTION 4.  Section 1.012, Election Code, is amended by

 

amending Subsection (g) and adding Subsections (i) and (j) to read

 

as follows:

 

       (g)  Beginning on the 300th [61st] day after election day,

 

the general custodian of election records shall make available for

 

public inspection election records that are original voted ballots.

 

       (i)  Notwithstanding Chapter 552, Government Code, the

 

following information is confidential and not subject to disclosure

 

under that chapter if the disclosure of the information would

 

violate the privacy of a voter’s selections:

 

             (1)  information on an electronic poll list, including

 

any serial number or time stamp, indicating when a voter is accepted

 

at a polling place; or

 

             (2)  a voter’s name and the ballot serial number

 

included on the register of spoiled ballots.

 

       (j)  A custodian may withhold information described by

 

Subsection (i) without requesting a decision from the attorney

 

general under Subchapter G, Chapter 552, Government Code.

 

       SECTION 5.  This Act takes effect September 1, 2025. 

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