Texas 2023 - 88th Regular

Texas House Bill HB549

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the enforcement of laws relating to elections.

Impact

The bill is designed to amend existing Election Code sections to create a clearer enforcement mechanism for election laws. Notably, it establishes a position known as the state election marshal, who will oversee a network of election marshals in each Department of Public Safety region, thereby enabling faster responses to reports of violations. This framework could significantly alter how election laws are enforced in Texas, potentially leading to an increase in investigations and interventions regarding electoral malpractices. Moreover, by allowing the Secretary of State to initiate actions against persons impeding voting rights, the bill aims to deter abuse and violations more effectively.

Summary

House Bill 549 is an act that addresses the enforcement of election laws in the state of Texas. This legislation aims to enhance the protection of voting rights by providing mechanisms for the Secretary of State and appointed state election marshals to take appropriate actions against potential violations of electoral processes. The bill expands the powers of state officials in investigating and enforcing compliance related to voting, thereby instituting a more structured approach to election integrity within the state. It also provides the framework for appointing election marshals at various regional levels, which is intended to ensure that electoral laws are upheld consistently across regions.

Sentiment

The sentiment surrounding HB 549 has been mixed, with proponents advocating for increased election integrity and stronger protections for voters. Supporters believe that the bill will enhance trust in the electoral process by ensuring that violations are promptly addressed. However, there are concerns regarding the potential for misuse of the increased power granted to state officials, with some critics arguing that it could lead to unnecessary scrutiny and intimidation of voters and poll workers during elections. This dichotomy highlights ongoing debates about balancing election security with the right to vote without fear of unwarranted intervention.

Contention

Key points of contention arise from the authority granted to the state election marshal and the mechanisms for investigations taken by marshals. Critics are particularly wary of the broad powers conferred to these marshals, suggesting that it could lead to overreach in investigations and effectuate a chilling effect on voter participation. Additionally, there are concerns that without adequate checks and balances, local electoral processes could be jeopardized by state-level interventions that do not account for the unique context of different regions. The bill's passage thus remains a significant point of discussion regarding the balance of power in electoral enforcement.

Texas Constitutional Statutes Affected

Election Code

  • Chapter 31. Officers To Administer Elections
    • Section: New Section
  • Chapter 34. State Inspectors
    • Section: New Section
  • Chapter 273. Criminal Investigation And Other Enforcement Proceedings
    • Section: New Section
    • Section: 081

Companion Bills

TX SB220

Identical Relating to the enforcement of laws relating to elections.

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