Texas 2023 - 88th Regular

Texas Senate Bill SB220 Compare Versions

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1	1	By: Bettencourt, Creighton S.B. No. 220
2	2	Hughes
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the enforcement of laws relating to elections.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Sections 31.005(a) and (b), Election Code, are
10	10	amended to read as follows:
11	11	(a) The secretary of state may take appropriate action to
12	12	protect against violations of this code and to protect the voting
13	13	rights of the citizens of this state from abuse by the authorities
14	14	administering the state's electoral processes.
15	15	(b) The secretary of state may order a person performing
16	16	official functions in the administration of any part of the
17	17	electoral processes to correct offending conduct if the secretary
18	18	determines that the person is exercising the powers vested in that
19	19	person in a manner that:
20	20	(1) impedes the free exercise of a citizen's voting
21	21	rights; [or]
22	22	(2) unless acting under an order of a court of
23	23	competent jurisdiction, delays or cancels an election that the
24	24	person does not have specific statutory authority to delay or
25	25	cancel; or
26	26	(3) otherwise violates a provision of this code.
27	27	SECTION 2. The heading to Chapter 34, Election Code, is
28	28	amended to read as follows:
29	29	CHAPTER 34. STATE INSPECTORS AND ELECTION MARSHALS
30	30	SECTION 3. Chapter 34, Election Code, is amended by adding
31	31	Sections 34.006 and 34.007 to read as follows:
32	32	Sec. 34.006. ELECTION MARSHALS. (a) The secretary of state
33	33	shall appoint a state election marshal. The state election marshal
34	34	reports to the secretary of state.
35	35	(b) The state election marshal shall appoint election
36	36	marshals for each Department of Public Safety region such that
37	37	there is one election marshal for each 1,000,000 people who reside
38	38	in the region. Appointments must be made not later than the 60th
39	39	day before the date early voting is scheduled to begin in an
40	40	election held on a uniform election date in November or a primary
41	41	election. An appointment made under this section is in effect for
42	42	90 days, and may be extended by the state election marshal if the
43	43	election marshal is conducting an investigation.
44	44	(c) The state election marshal shall designate an election
45	45	marshal in each Department of Public Safety region as the chief
46	46	election marshal for the region. The chief election marshal for a
47	47	region shall assign election marshals to each alleged violation of
48	48	this code occurring in the region as described by Section 34.007.
49	49	(d) To be qualified as a state election marshal or an
50	50	election marshal, a person must:
51	51	(1) be licensed as a peace officer by the Texas
52	52	Commission on Law Enforcement;
53	53	(2) be commissioned by the Department of Public
54	54	Safety; and
55	55	(3) have received training in election law from the
56	56	secretary of state.
57	57	(e) An election marshal has the powers and duties of a state
58	58	inspector under this chapter and other powers and duties as
59	59	assigned by law.
60	60	(f) The name, county of residence, and contact information
61	61	for the purpose of official business of each election marshal and
62	62	the state election marshal are public information.
63	63	Sec. 34.007. INVESTIGATION BY STATE INSPECTORS AND ELECTION
64	64	MARSHALS. (a) In this section:
65	65	(1) "Chief election marshal" means the election
66	66	marshal appointed by the secretary of state for a Department of
67	67	Public Safety region.
68	68	(2) "Election marshal" means an election marshal
69	69	appointed under Section 34.006.
70	70	(3) "State inspector" means a state inspector
71	71	appointed under this chapter.
72	72	(b) A state inspector or election marshal shall promptly
73	73	investigate an alleged violation of this code that is:
74	74	(1) supported by an affidavit or unsworn declaration;
75	75	and
76	76	(2) submitted to the state inspector or chief election
77	77	marshal, and if submitted to the chief election marshal, assigned
78	78	to the election marshal.
79	79	(c) If an election marshal investigates an alleged
80	80	violation of this code and finds probable cause exists that a
81	81	violation of this code is occurring or is likely to occur, the
82	82	election marshal:
83	83	(1) shall exercise all lawful means to prevent the
84	84	violation from continuing or occurring;
85	85	(2) may seek such orders, processes, or warrants from
86	86	a court that the election marshal finds necessary to prevent the
87	87	violation from continuing or occurring; and
88	88	(3) may also file appropriate criminal charges.
89	89	(d) Nothing in this section shall be interpreted to affect
90	90	the right of a candidate or political party to file a civil action
91	91	under other law.
92	92	SECTION 4. Section 273.001(a), Election Code, is amended to
93	93	read as follows:
94	94	(a) If two or more registered voters of the territory
95	95	covered by an election or an election marshal assigned to the
96	96	Department of Public Safety region that includes the territory
97	97	covered by an election presents [present] affidavits alleging
98	98	criminal conduct in connection with the election to the county or
99	99	district attorney having jurisdiction in that territory, the county
100	100	or district attorney shall investigate the allegations. [If the
101	101	election covers territory in more than one county, the voters may
102	102	present the affidavits to the attorney general, and the attorney
103	103	general shall investigate the allegations.]
104	104	SECTION 5. The heading to Section 273.003, Election Code,
105	105	is amended to read as follows:
106	106	Sec. 273.003. IMPOUNDING ELECTION RECORDS AND EQUIPMENT.
107	107	SECTION 6. Section 273.003(a), Election Code, is amended to
108	108	read as follows:
109	109	(a) In the investigation of an election, a county or
110	110	district attorney, [or] the attorney general, the secretary of
111	111	state, or an election marshal may have impounded for the
112	112	investigation the election returns, voted ballots, signature
113	113	roster, and other election records or equipment.
114	114	SECTION 7. The heading of Subchapter E, Chapter 273,
115	115	Election Code, is amended to read as follows:
116	116	SUBCHAPTER E. INJUNCTIVE RELIEF AND EMERGENCY REVIEW [INJUNCTION]
117	117	SECTION 8. Section 273.081, Election Code, is amended to
118	118	read as follows:
119	119	Sec. 273.081. INJUNCTION. (a) A person, including a
120	120	candidate, a political party, or a state, county, or precinct chair
121	121	of a political party, who is being harmed or is in danger of being
122	122	harmed by a violation or threatened violation of this code is
123	123	entitled to appropriate injunctive relief to prevent the violation
124	124	from continuing or occurring and may bring an action to obtain
125	125	injunctive relief to prevent the violation from continuing or
126	126	occurring.
127	127	(b) In connection with an action for injunctive relief filed
128	128	under Subsection (a), a court may issue subpoenas of persons or
129	129	property and order the inspection or impoundment of election
130	130	records or equipment.
131	131	SECTION 9. Subchapter E, Chapter 273, Election Code, is
132	132	amended by adding Sections 273.082 and 273.083 to read as follows:
133	133	Sec. 273.082. DISQUALIFICATION OF JUDGE. (a) The judge of
134	134	a district or county court with jurisdiction over any geographic
135	135	area served by an election official who is a party in a proceeding
136	136	for injunctive relief under this subchapter is disqualified to
137	137	preside over the proceeding, unless the election official serves
138	138	statewide.
139	139	(b) If a petition is filed in a proceeding in which a judge
140	140	may be disqualified under Subsection (a), the clerk of the court
141	141	shall promptly call the filing to the attention of the judge. If
142	142	the judge determines that the judge is disqualified under
143	143	Subsection (a), the judge shall promptly request the presiding
144	144	judge of the administrative judicial region to assign an alternate
145	145	judge to preside over the proceeding.
146	146	(c) A judge who resides in the geographic area served by the
147	147	election official who is a party under Subsection (a) is not
148	148	eligible for assignment as an alternate judge for the proceeding.
149	149	(d) In a proceeding in which a judge is disqualified under
150	150	Subsection (a), until an alternate judge is assigned to preside
151	151	over the proceeding, the presiding judge of the administrative
152	152	judicial region may take any action in the proceeding otherwise
153	153	authorized by law, including the issuance of temporary relief.
154	154	Sec. 273.083. EMERGENCY REVIEW OF ELECTION ACTIVITY. (a)
155	155	Not later than the 60th day before the date of a regular or special
156	156	election, the presiding judge of each administrative judicial
157	157	region shall appoint a sufficient number of visiting judges to
158	158	serve as emergency election review judges to preside in actions
159	159	under this section, in accordance with Chapter 74, Government Code.
160	160	(b) A judge appointed to serve as an emergency election
161	161	review judge shall receive training as specified by the secretary
162	162	of state at least once a year.
163	163	(c) An action filed by a candidate in an election or a
164	164	political party or state, county, or precinct chair of a political
165	165	party that has a candidate in an election that alleges a violation
166	166	of this code in that election and requests emergency injunctive
167	167	relief to prevent the alleged violation from continuing or
168	168	occurring shall be assigned to an emergency election review judge.
169	169	An action under this section arising in the district or county in
170	170	which the court served by an active judge appointed as an emergency
171	171	election review judge has jurisdiction may not be assigned to that
172	172	judge.
173	173	(d) A request for hearing in an action heard by an emergency
174	174	election review judge shall be delivered to the assigned judge who
175	175	shall promptly conduct a hearing, by electronic means or otherwise,
176	176	to begin no later than:
177	177	(1) three hours after the judge receives a written
178	178	hearing request filed not earlier than the 45th day before the date
179	179	of the election and not later than the last day of in-person early
180	180	voting; or
181	181	(2) one hour after the judge receives a written
182	182	hearing request filed not earlier than the last day of in-person
183	183	early voting and not later than the final canvass of an election.
184	184	(e) A hearing conducted by an emergency election review
185	185	judge shall be recorded or transcribed and is subject to appellate
186	186	review.
187	187	SECTION 10. This Act takes effect September 1, 2023.