Texas 2021 - 87th Regular

Texas Senate Bill SB1589 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Bettencourt, Creighton S.B. No. 1589
2		-	Hughes
	1	+	By: Bettencourt S.B. No. 1589
	2	+	(In the Senate - Filed March 11, 2021; March 24, 2021, read
	3	+	first time and referred to Committee on State Affairs;
	4	+	April 22, 2021, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 6, Nays 3; April 22, 2021,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1589 By: Hall
3	9
4	10
5	11		A BILL TO BE ENTITLED
6	12		AN ACT
7	13		relating to the enforcement of laws relating to elections.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Section 31.005, Election Code, is amended to
10	16		read as follows:
11	17		Sec. 31.005. ENFORCEMENT; PROTECTION OF VOTING RIGHTS. (a)
12	18		The secretary of state may take appropriate action to protect
13	19		against violations of this code and to protect the voting rights of
14	20		the citizens of this state from abuse by the authorities
15	21		administering the state's electoral processes.
16	22		(b) If the secretary determines that a person performing
17	23		official functions in the administration of any part of the
18	24		electoral processes is exercising the powers vested in that person
19	25		in a manner that impedes the free exercise of a citizen's voting
20	26		rights or otherwise violates a provision of this code, the
21	27		secretary may order the person to correct the offending conduct. If
22	28		the person fails to comply, the secretary may seek enforcement of
23	29		the order by a temporary restraining order or a writ of injunction
24	30		or mandamus obtained through the attorney general.
25	31		SECTION 2. The heading to Chapter 34, Election Code, is
26	32		amended to read as follows:
27	33		CHAPTER 34. STATE INSPECTORS AND ELECTION MARSHALS
28	34		SECTION 3. Chapter 34, Election Code, is amended by adding
29	35		Sections 34.006 and 34.007 to read as follows:
30	36		Sec. 34.006. ELECTION MARSHALS. (a) The secretary of state
31	37		shall appoint a state election marshal. The state election marshal
32	38		reports to the secretary of state.
33	39		(b) The state election marshal shall appoint election
34	40		marshals for each Department of Public Safety region such that
35	41		there is one election marshal for each 1,000,000 people who reside
36	42		in the region. Appointments must be made not later than the 60th
37	43		day before the date early voting is scheduled to begin in an
38	44		election held on a uniform election date in November or a primary
39	45		election. An appointment made under this section is in effect for
40	46		90 days, and may be extended by the state election marshal if the
41	47		election marshal is conducting an investigation.
42	48		(c) The state election marshal shall designate an election
43	49		marshal in each Department of Public Safety region as the chief
44	50		election marshal for the region. The chief election marshal for a
45	51		region shall assign election marshals to each alleged violation of
46	52		this code occurring in the region as described by Section 34.007.
47	53		(d) To be qualified as a state election marshal or an
48	54		election marshal, a person must:
49	55		(1) be licensed as a peace officer by the Texas
50	56		Commission on Law Enforcement;
51	57		(2) be commissioned by the Department of Public
52	58		Safety; and
53	59		(3) have received training in election law from the
54	60		secretary of state.
55	61		(e) An election marshal has the powers and duties of a state
56	62		inspector under this chapter and other powers and duties as
57	63		assigned by law.
58	64		(f) The name, county of residence, and contact information
59	65		for the purpose of official business of each election marshal and
60	66		the state election marshal are public information.
61	67		Sec. 34.007. INVESTIGATION BY STATE INSPECTORS AND ELECTION
62	68		MARSHALS. (a) In this section:
63	69		(1) "Chief election marshal" means the election
64	70		marshal appointed by the secretary of state for a Department of
65	71		Public Safety region.
66	72		(2) "Election marshal" means an election marshal
67	73		appointed under Section 34.006.
68	74		(3) "State inspector" means a state inspector
69	75		appointed under this chapter.
70	76		(b) A state inspector or election marshal shall promptly
71	77		investigate an alleged violation of this code that is:
72	78		(1) supported by an affidavit or unsworn declaration;
73	79		and
74	80		(2) submitted to the state inspector or chief election
75	81		marshal, and if submitted to the chief election marshal, assigned
76	82		to the election marshal.
77	83		(c) If an election marshal investigates an alleged
78	84		violation of this code and finds probable cause exists that a
79	85		violation of this code is occurring or is likely to occur, the
80	86		election marshal:
81	87		(1) shall exercise all lawful means to prevent the
82	88		violation from continuing or occurring;
83	89		(2) may seek such orders, processes, or warrants from
84	90		a court that the election marshal finds necessary to prevent the
85	91		violation from continuing or occurring; and
86	92		(3) may also file appropriate criminal charges.
87	93		(d) Nothing in this section shall be interpreted to affect
88	94		the right of a candidate or political party to file a civil action
89	95		under other law.
90	96		SECTION 4. Section 273.001(a), Election Code, is amended to
91	97		read as follows:
92	98		(a) If two or more registered voters of the territory
93	99		covered by an election or an election marshal assigned to the
94	100		Department of Public Safety region that includes the territory
95	101		covered by an election presents [present] affidavits alleging
96	102		criminal conduct in connection with the election to the county or
97	103		district attorney having jurisdiction in that territory, the county
98	104		or district attorney shall investigate the allegations. [If the
99	105		election covers territory in more than one county, the voters may
100	106		present the affidavits to the attorney general, and the attorney
101	107		general shall investigate the allegations.]
102	108		SECTION 5. The heading to Section 273.003, Election Code,
103	109		is amended to read as follows:
104	110		Sec. 273.003. IMPOUNDING ELECTION RECORDS AND EQUIPMENT.
105	111		SECTION 6. Section 273.003(a), Election Code, is amended to
106	112		read as follows:
107	113		(a) In the investigation of an election, a county or
108	114		district attorney, [or] the attorney general, the secretary of
109	115		state, or an election marshal may have impounded for the
110	116		investigation the election returns, voted ballots, signature
111	117		roster, and other election records or equipment.
112	118		SECTION 7. The heading of Subchapter E, Chapter 273,
113	119		Election Code, is amended to read as follows:
114	120		SUBCHAPTER E. INJUNCTIVE RELIEF AND EMERGENCY REVIEW [INJUNCTION]
115	121		SECTION 8. Section 273.081, Election Code, is amended to
116	122		read as follows:
117	123		Sec. 273.081. INJUNCTION. (a) A person, including a
118	124		candidate, a political party, or a state, county, or precinct chair
119	125		of a political party, who is being harmed or is in danger of being
120	126		harmed by a violation or threatened violation of this code is
121	127		entitled to appropriate injunctive relief to prevent the violation
122	128		from continuing or occurring and may bring an action to obtain
123	129		injunctive relief to prevent the violation from continuing or
124	130		occurring.
125	131		(b) In connection with an action for injunctive relief filed
126	132		under Subsection (a), a court may issue subpoenas of persons or
127	133		property and order the inspection or impoundment of election
128	134		records or equipment.
129	135		SECTION 9. Subchapter E, Chapter 273, Election Code, is
130	136		amended by adding Sections 273.082 and 273.083 to read as follows:
131	137		Sec. 273.082. DISQUALIFICATION OF JUDGE. (a) The judge of
132	138		a district or county court with jurisdiction over any geographic
133	139		area served by an election official who is a party in a proceeding
134	140		for injunctive relief under this subchapter is disqualified to
135	141		preside over the proceeding, unless the election official serves
136	142		statewide.
137	143		(b) If a petition is filed in a proceeding in which a judge
138	144		may be disqualified under Subsection (a), the clerk of the court
139	145		shall promptly call the filing to the attention of the judge. If
140	146		the judge determines that the judge is disqualified under
141	147		Subsection (a), the judge shall promptly request the presiding
142	148		judge of the administrative judicial region to assign an alternate
143	149		judge to preside over the proceeding.
144	150		(c) A judge who resides in the geographic area served by the
145	151		election official who is a party under Subsection (a) is not
146	152		eligible for assignment as an alternate judge for the proceeding.
147	153		(d) In a proceeding in which a judge is disqualified under
148	154		Subsection (a), until an alternate judge is assigned to preside
149	155		over the proceeding, the presiding judge of the administrative
150	156		judicial region may take any action in the proceeding otherwise
151	157		authorized by law, including the issuance of temporary relief.
152	158		Sec. 273.083. EMERGENCY REVIEW OF ELECTION ACTIVITY. (a)
153	159		Not later than the 60th day before the date of a regular or special
154	160		election, the presiding judge of each administrative judicial
155	161		region shall appoint a sufficient number of visiting judges to
156	162		serve as emergency election review judges to preside in actions
157	163		under this section, in accordance with Chapter 74, Government Code.
158	164		(b) A judge appointed to serve as an emergency election
159	165		review judge shall receive training as specified by the secretary
160	166		of state at least once a year.
161	167		(c) An action filed by a candidate in an election or a
162	168		political party or state, county, or precinct chair of a political
163	169		party that has a candidate in an election that alleges a violation
164	170		of this code in that election and requests emergency injunctive
165	171		relief to prevent the alleged violation from continuing or
166	172		occurring shall be assigned to an emergency election review judge.
167	173		An action under this section arising in the district or county in
168	174		which the court served by an active judge appointed as an emergency
169	175		election review judge has jurisdiction may not be assigned to that
170	176		judge.
171	177		(d) A request for hearing in an action heard by an emergency
172	178		election review judge shall be delivered to the assigned judge who
173	179		shall promptly conduct a hearing, by electronic means or otherwise,
174	180		to begin no later than:
175	181		(1) three hours after the judge receives a written
176	182		hearing request filed not earlier than the 45th day before the date
177	183		of the election and not later than the last day of in-person early
178	184		voting; or
179	185		(2) one hour after the judge receives a written
180	186		hearing request filed not earlier than the last day of in-person
181	187		early voting and not later than the final canvass of an election.
182	188		(e) A hearing conducted by an emergency election review
183	189		judge shall be recorded or transcribed and is subject to appellate
184	190		review.
185	191		SECTION 10. This Act takes effect September 1, 2021.
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