Texas has several legal protections to prevent election officials from refusing to fulfill their statutory election duties. The Secretary of State has limited oversight power to ensure the uniformity of election administration across the state. However, the primary mechanism for compelling election officials to meet their statutorily required election duties is through the courts by civil action, initiated either by the Secretary of State or voters with standing. Additionally, the Attorney General is empowered to pursue criminal violations of election law.
The Secretary of State serves as Texas' chief election officer and has the responsibility to oversee how elections are administered across the state. Tex. Elec. Code § 31.001. To facilitate this, the Secretary of State maintains the uniformity of Texas election law through adopting election rules, and issuing and distributing directives and instructions, as well as assisting and advising election officials and state and local authorities. Tex. Elec. Code §§ 31.003, 31.004, 31.020, 31.045, 67.004, 68.011. Notably, the Secretary of State has the power to order administrative oversight of a county where there is evidence that a "recurring pattern of problems with election administration or voter registration exists." Tex. Elec. Code § 31.017; see also Tex. Elec. Code §§ 31.018, 31.019, 31.020, 31.021. However, this oversight power is severely constrained as the only county eligible for such an action is Harris County – Houston. This implies this power was devised with a purely partisan purpose, rather than with the intent to provide true oversight of problematic administrators in counties both big and small.
The County Commissioners Courts and the Governor each have a non-discretionary duty to conduct and complete their county and state canvasses, respectively. Tex. Elec. Code §§ 67.004, 67.010; "SOS Canvassing & Post-Election Requirements," at 5. Texas code provides no provision for them to delay or refuse to canvass for any reason. Likewise, the Secretary of State has a duty to tabulate the unofficial results as provided to them by the County Commissioners Courts. Tex. Elec. Code § 68.001(a).
If the presiding officer of the County Commissioners Court—i.e., the County Judge—fails to perform their duties related to canvassing (namely to deliver the tabulation document and other materials to the County Clerk at the conclusion of the canvass), then another commissioner may act in his place to ensure that the county canvass is not delayed. Tex. Elec. Code § 31.121(1).
Elections officials are required to strictly construe provisions of the election code and must execute their duties without undue discretion. Tex. Elec. Code § 1.003(a-1). If there is a question about the intent behind an election provision, the code and conduct of elections should be interpreted to favor uniformity and consistency throughout the state. Tex. Elec. Code § 1.0015. Additionally, election officials are strictly prohibited from unlawfully "creat[ing], alter[ing], modif[ing], or suspend[ing] any election standard, practice, or procedure mandated by law or rule" if not expressly authorized by code. Tex. Elec. Code § 276.019.
If an election official fails to or refuses to fulfill an election duty, the Secretary of State or other individual with standing may go to court to seek injunctive relief. Tex. Elec. Code § 273.081. The Texas Supreme Court or Texas Court of Appeals has the power to issue a writ of mandamus to any election official to compel them to perform their duty required under the election code. Tex. Elec. Code § 273.061(a). In the case of a refusal to certify, this would most likely involve the court issuing a writ of mandamus to the County Clerk, ordering them to prepare and certify the official county returns. Tex. Elec. Code § 67.007(a)-(b).
An election official’s violation of Texas’s election code can result in both criminal and civil penalties. For example, there may be civil penalties available—such as loss of employment and benefits—should an election official violate a provision of the election code. Tex. Elec. Code § 31.129(c).
More serious violations can open election officials up to criminal liability. For example, it is a second degree felony for an election official to knowingly or intentionally make an effort to refuse to count votes or alter a report to exclude votes that they know are valid. Tex. Elec. Code § 276.014. It is also a felony for an election official to make a false statement or swear untruthfully on an oath required by the election code, such as relating to one's duty to execute their position faithfully. Tex. Elec. Code § 276.018.
Additionally, these felony provisions described above apply both to the County Clerk as an election officer and explicitly to the County Elections Administrator, their deputies or employees. Tex. Elec. Code § 31.049.
The Attorney General is empowered to prosecute criminal offenses in the election code on their own initiative. Tex. Elec. Code § 273.021(a). The Attorney General may call upon county or district attorneys in the jurisdiction with an election violation to assist with conducting a criminal investigation. Tex. Elec. Code § 273.022. The Secretary of State, or two or more registered voters, may also refer information of election-related criminal conduct to the Attorney General for their own investigation. Tex. Elec. Code §§ 31.006, 34.005, 273.001.