| 1 | 1 | | 87R8437 ADM-D |
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| 2 | 2 | | By: Bettencourt, et al. S.B. No. 1110 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to emergency review of election law violations. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. The heading to Subchapter E, Chapter 273, |
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| 10 | 10 | | Election Code, is amended to read as follows: |
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| 11 | 11 | | SUBCHAPTER E. INJUNCTION; EMERGENCY REVIEW |
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| 12 | 12 | | SECTION 2. Subchapter E, Chapter 273, Election Code, is |
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| 13 | 13 | | amended by adding Section 273.082 to read as follows: |
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| 14 | 14 | | Sec. 273.082. EMERGENCY REVIEW OF ELECTION ACTIVITY. (a) |
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| 15 | 15 | | Not later than the 60th day before the date of a regular or special |
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| 16 | 16 | | election, the presiding judge of each administrative judicial |
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| 17 | 17 | | region shall appoint not fewer than three retired judges to serve as |
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| 18 | 18 | | emergency election review judges to preside in actions under this |
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| 19 | 19 | | section. |
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| 20 | 20 | | (b) An action filed within 45 days of an election by a |
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| 21 | 21 | | candidate in the election or a state or county chair of a political |
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| 22 | 22 | | party that has a candidate in the election, that alleges a violation |
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| 23 | 23 | | of this code in that election and requests emergency injunctive |
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| 24 | 24 | | relief to prevent the alleged violation from continuing, shall be |
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| 25 | 25 | | assigned to an emergency election review judge. |
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| 26 | 26 | | (c) A judge appointed to serve as an emergency election |
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| 27 | 27 | | review judge shall receive training as specified by the secretary |
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| 28 | 28 | | of state at least once a year. |
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| 29 | 29 | | (d) A request for hearing in an action heard by an emergency |
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| 30 | 30 | | election review judge shall be delivered to the assigned judge, who |
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| 31 | 31 | | shall promptly conduct a hearing, by electronic means or otherwise, |
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| 32 | 32 | | to begin no later than one hour after the judge receives a written |
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| 33 | 33 | | hearing request. |
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| 34 | 34 | | (e) A hearing conducted by an emergency election review |
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| 35 | 35 | | judge shall be recorded or transcribed and is subject to appellate |
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| 36 | 36 | | review. |
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| 37 | 37 | | (f) A request for hearing in an action heard by an emergency |
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| 38 | 38 | | election review judge shall be delivered to the assigned judge, who |
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| 39 | 39 | | shall promptly conduct a hearing to begin no later than: |
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| 40 | 40 | | (1) three hours after the judge receives a written |
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| 41 | 41 | | hearing request filed not earlier than the 45th day before the date |
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| 42 | 42 | | of the election and not later than the last day before election day; |
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| 43 | 43 | | or |
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| 44 | 44 | | (2) one hour after the judge receives a written |
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| 45 | 45 | | hearing request filed on election day. |
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| 46 | 46 | | SECTION 3. This Act takes effect September 1, 2021. |
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