Relating to the duty of the attorney general to prosecute criminal offenses prescribed by the election laws of this state.
Impact
The bill significantly alters the powers bestowed upon the Attorney General, providing them with jurisdiction to prosecute offenses defined under the Election Code. It mandates local law enforcement to furnish the Attorney General with any relevant information or reports indicating probable cause for election violations. This change may enhance the state’s ability to monitor, investigate, and prosecute election-related crimes more vigorously, potentially serving as a deterrent against electoral misconduct.
Summary
House Bill 11 aims to clarify and enhance the role of the Texas Attorney General in prosecuting criminal offenses related to the state's election laws. The bill introduces a new subchapter to the Government Code, which outlines the procedures for law enforcement agencies to report potential election law violations and provides a framework for the Attorney General to take over prosecutions of such offenses. This effort is seen as a means to ensure that violations of election laws are addressed effectively and to streamline the prosecutorial process at the state level.
Contention
Notably, the bill delineates how prosecutions are to be conducted, with provisions allowing the Attorney General to direct local prosecutors in specific cases. This aspect of the bill has led to discussions around the balance of power between state and local authorities. Some may view this as an encroachment on local prosecutorial discretion, raising concerns about centralized control over critical local matters. The implications of these changes may lead to a backlash from civil rights advocates and local officials wary of state overreach into election administration.
Relating to the appointment by the attorney general of a special prosecutor to prosecute certain election offenses that are committed in an adjacent county.
Relating to the concurrent jurisdiction of prosecuting attorneys in adjoining districts or counties to prosecute criminal offenses involving the election laws in this state.
Relating to the concurrent jurisdiction of prosecuting attorneys in adjoining districts or counties to prosecute criminal offenses involving the election laws in this state.