By: Bettencourt, Creighton S.B. No. 220
Hughes
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of laws relating to elections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 31.005(a) and (b), Election Code, are
amended to read as follows:
(a) The secretary of state may take appropriate action to
protect against violations of this code and to protect the voting
rights of the citizens of this state from abuse by the authorities
administering the state's electoral processes.
(b) The secretary of state may order a person performing
official functions in the administration of any part of the
electoral processes to correct offending conduct if the secretary
determines that the person is exercising the powers vested in that
person in a manner that:
(1) impedes the free exercise of a citizen's voting
rights; [or]
(2) unless acting under an order of a court of
competent jurisdiction, delays or cancels an election that the
person does not have specific statutory authority to delay or
cancel; or
(3) otherwise violates a provision of this code.
SECTION 2. The heading to Chapter 34, Election Code, is
amended to read as follows:
CHAPTER 34. STATE INSPECTORS AND ELECTION MARSHALS
SECTION 3. Chapter 34, Election Code, is amended by adding
Sections 34.006 and 34.007 to read as follows:
Sec. 34.006. ELECTION MARSHALS. (a) The secretary of state
shall appoint a state election marshal. The state election marshal
reports to the secretary of state.
(b) The state election marshal shall appoint election
marshals for each Department of Public Safety region such that
there is one election marshal for each 1,000,000 people who reside
in the region. Appointments must be made not later than the 60th
day before the date early voting is scheduled to begin in an
election held on a uniform election date in November or a primary
election. An appointment made under this section is in effect for
90 days, and may be extended by the state election marshal if the
election marshal is conducting an investigation.
(c) The state election marshal shall designate an election
marshal in each Department of Public Safety region as the chief
election marshal for the region. The chief election marshal for a
region shall assign election marshals to each alleged violation of
this code occurring in the region as described by Section 34.007.
(d) To be qualified as a state election marshal or an
election marshal, a person must:
(1) be licensed as a peace officer by the Texas
Commission on Law Enforcement;
(2) be commissioned by the Department of Public
Safety; and
(3) have received training in election law from the
secretary of state.
(e) An election marshal has the powers and duties of a state
inspector under this chapter and other powers and duties as
assigned by law.
(f) The name, county of residence, and contact information
for the purpose of official business of each election marshal and
the state election marshal are public information.
Sec. 34.007. INVESTIGATION BY STATE INSPECTORS AND ELECTION
MARSHALS. (a) In this section:
(1) "Chief election marshal" means the election
marshal appointed by the secretary of state for a Department of
Public Safety region.
(2) "Election marshal" means an election marshal
appointed under Section 34.006.
(3) "State inspector" means a state inspector
appointed under this chapter.
(b) A state inspector or election marshal shall promptly
investigate an alleged violation of this code that is:
(1) supported by an affidavit or unsworn declaration;
and
(2) submitted to the state inspector or chief election
marshal, and if submitted to the chief election marshal, assigned
to the election marshal.
(c) If an election marshal investigates an alleged
violation of this code and finds probable cause exists that a
violation of this code is occurring or is likely to occur, the
election marshal:
(1) shall exercise all lawful means to prevent the
violation from continuing or occurring;
(2) may seek such orders, processes, or warrants from
a court that the election marshal finds necessary to prevent the
violation from continuing or occurring; and
(3) may also file appropriate criminal charges.
(d) Nothing in this section shall be interpreted to affect
the right of a candidate or political party to file a civil action
under other law.
SECTION 4. Section 273.001(a), Election Code, is amended to
read as follows:
(a) If two or more registered voters of the territory
covered by an election or an election marshal assigned to the
Department of Public Safety region that includes the territory
covered by an election presents [present] affidavits alleging
criminal conduct in connection with the election to the county or
district attorney having jurisdiction in that territory, the county
or district attorney shall investigate the allegations. [If the
election covers territory in more than one county, the voters may
present the affidavits to the attorney general, and the attorney
general shall investigate the allegations.]
SECTION 5. The heading to Section 273.003, Election Code,
is amended to read as follows:
Sec. 273.003. IMPOUNDING ELECTION RECORDS AND EQUIPMENT.
SECTION 6. Section 273.003(a), Election Code, is amended to
read as follows:
(a) In the investigation of an election, a county or
district attorney, [or] the attorney general, the secretary of
state, or an election marshal may have impounded for the
investigation the election returns, voted ballots, signature
roster, and other election records or equipment.
SECTION 7. The heading of Subchapter E, Chapter 273,
Election Code, is amended to read as follows:
SUBCHAPTER E. INJUNCTIVE RELIEF AND EMERGENCY REVIEW [INJUNCTION]
SECTION 8. Section 273.081, Election Code, is amended to
read as follows:
Sec. 273.081. INJUNCTION. (a) A person, including a
candidate, a political party, or a state, county, or precinct chair
of a political party, who is being harmed or is in danger of being
harmed by a violation or threatened violation of this code is
entitled to appropriate injunctive relief to prevent the violation
from continuing or occurring and may bring an action to obtain
injunctive relief to prevent the violation from continuing or
occurring.
(b) In connection with an action for injunctive relief filed
under Subsection (a), a court may issue subpoenas of persons or
property and order the inspection or impoundment of election
records or equipment.
SECTION 9. Subchapter E, Chapter 273, Election Code, is
amended by adding Sections 273.082 and 273.083 to read as follows:
Sec. 273.082. DISQUALIFICATION OF JUDGE. (a) The judge of
a district or county court with jurisdiction over any geographic
area served by an election official who is a party in a proceeding
for injunctive relief under this subchapter is disqualified to
preside over the proceeding, unless the election official serves
statewide.
(b) If a petition is filed in a proceeding in which a judge
may be disqualified under Subsection (a), the clerk of the court
shall promptly call the filing to the attention of the judge. If
the judge determines that the judge is disqualified under
Subsection (a), the judge shall promptly request the presiding
judge of the administrative judicial region to assign an alternate
judge to preside over the proceeding.
(c) A judge who resides in the geographic area served by the
election official who is a party under Subsection (a) is not
eligible for assignment as an alternate judge for the proceeding.
(d) In a proceeding in which a judge is disqualified under
Subsection (a), until an alternate judge is assigned to preside
over the proceeding, the presiding judge of the administrative
judicial region may take any action in the proceeding otherwise
authorized by law, including the issuance of temporary relief.
Sec. 273.083. 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 a sufficient number of visiting judges to
serve as emergency election review judges to preside in actions
under this section, in accordance with Chapter 74, Government Code.
(b) 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.
(c) An action filed by a candidate in an election or a
political party or state, county, or precinct chair of a political
party that has a candidate in an election that alleges a violation
of this code in that election and requests emergency injunctive
relief to prevent the alleged violation from continuing or
occurring shall be assigned to an emergency election review judge.
An action under this section arising in the district or county in
which the court served by an active judge appointed as an emergency
election review judge has jurisdiction may not be assigned to that
judge.
(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:
(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 of in-person early
voting; or
(2) one hour after the judge receives a written
hearing request filed not earlier than the last day of in-person
early voting and not later than the final canvass of an election.
(e) A hearing conducted by an emergency election review
judge shall be recorded or transcribed and is subject to appellate
review.
SECTION 10. This Act takes effect September 1, 2023.