| 1 | 1 | | 81R7160 JRJ-D |
|---|
| 2 | 2 | | By: Miller of Erath H.B. No. 1882 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the investigation of certain criminal conduct in |
|---|
| 8 | 8 | | election matters. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 15.028, Election Code, is amended to |
|---|
| 11 | 11 | | read as follows: |
|---|
| 12 | 12 | | Sec. 15.028. NOTICE OF UNLAWFUL VOTING TO PROSECUTOR. |
|---|
| 13 | 13 | | [(a)] If the registrar determines that a person who is not a |
|---|
| 14 | 14 | | registered voter voted in an election, the registrar shall execute |
|---|
| 15 | 15 | | and deliver to the attorney general and the county or district |
|---|
| 16 | 16 | | attorney having jurisdiction in the territory covered by the |
|---|
| 17 | 17 | | election an affidavit stating the relevant facts. |
|---|
| 18 | 18 | | [(b) If the election covers territory in more than one |
|---|
| 19 | 19 | | county, the registrar shall also deliver an affidavit to the |
|---|
| 20 | 20 | | attorney general.] |
|---|
| 21 | 21 | | SECTION 2. Section 273.001, Election Code, is amended by |
|---|
| 22 | 22 | | amending Subsections (a), (c), and (d), and adding Subsection (f) |
|---|
| 23 | 23 | | to read as follows: |
|---|
| 24 | 24 | | (a) If two or more registered voters of the territory |
|---|
| 25 | 25 | | covered by an election present affidavits alleging criminal conduct |
|---|
| 26 | 26 | | in connection with the election to the county or district attorney |
|---|
| 27 | 27 | | having jurisdiction in that territory or the attorney general, the |
|---|
| 28 | 28 | | officer to whom an affidavit is presented shall investigate the |
|---|
| 29 | 29 | | allegations [the county or district attorney shall investigate the |
|---|
| 30 | 30 | | allegations]. [If the election covers territory in more than one |
|---|
| 31 | 31 | | county, the voters may present the affidavits to the attorney |
|---|
| 32 | 32 | | general, and the attorney general shall investigate the |
|---|
| 33 | 33 | | allegations.] |
|---|
| 34 | 34 | | (c) On receipt of an affidavit under Section 15.028, the |
|---|
| 35 | 35 | | county or district attorney having jurisdiction and, if applicable, |
|---|
| 36 | 36 | | the attorney general shall promptly investigate the matter. |
|---|
| 37 | 37 | | (d) On referral of a complaint from the secretary of state |
|---|
| 38 | 38 | | under Section 31.006, the attorney general shall promptly [may] |
|---|
| 39 | 39 | | investigate the allegations. |
|---|
| 40 | 40 | | (f) Following an investigation, if the attorney general or |
|---|
| 41 | 41 | | the county or district attorney having jurisdiction determines that |
|---|
| 42 | 42 | | criminal conduct has occurred, the officer making the determination |
|---|
| 43 | 43 | | shall take all necessary actions in accordance with this code to |
|---|
| 44 | 44 | | prevent criminal conduct in connection with the election. |
|---|
| 45 | 45 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 46 | 46 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 47 | 47 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 48 | 48 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 49 | 49 | | Act takes effect September 1, 2009. |
|---|