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