Texas 2023 - 88th Regular

Texas Senate Bill SB2494 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R9527 MPF-F
2	2	By: Middleton S.B. No. 2494
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to establishing election marshals and enforcing
8	8	violations of elections law.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 273, Election Code, is amended by adding
11	11	Subchapter F to read as follows:
12	12	SUBCHAPTER F. ELECTION MARSHALS AND VIOLATION REPORTING
13	13	Sec. 273.101. APPOINTMENT OF ELECTION MARSHALS. (a) The
14	14	Department of Public Safety shall appoint election marshals to be
15	15	located throughout the state for an election held in this state for
16	16	an office of the state or federal government.
17	17	(b) To be qualified as an election marshal, a person must:
18	18	(1) be a commissioned officer of the Texas Rangers, or
19	19	a Department of Public Safety officer if the Department of Public
20	20	Safety determines that additional election marshals are necessary;
21	21	and
22	22	(2) have received training in election law from the
23	23	secretary of state's office.
24	24	(c) An election marshal serves a term no shorter than 90
25	25	days, ending on election day.
26	26	(d) Notwithstanding Subsection (c), an election marshal for
27	27	a runoff primary election serves a term beginning not earlier than
28	28	the date the election is ordered and ending on runoff primary
29	29	election day.
30	30	(e) Notwithstanding Subsection (c), if a special election
31	31	is ordered after the 90th day before election day, including an
32	32	emergency election to fill a vacancy under Section 203.004, an
33	33	election marshal serves a term beginning not earlier than the date
34	34	the election is ordered and ending on election day.
35	35	Sec. 273.102. ESTABLISHMENT OF SECRETARY OF STATE
36	36	CLEARINGHOUSE. (a) The secretary of state shall maintain a staff
37	37	to serve as a clearinghouse for election officials and the public to
38	38	report alleged violations of this code.
39	39	(b) On receipt of a report of an alleged violation of this
40	40	code, the secretary of state's clearinghouse staff shall:
41	41	(1) determine whether the alleged violation is
42	42	credible; and
43	43	(2) refer each credible alleged violation to an
44	44	appropriate election marshal for investigation.
45	45	Sec. 273.103. ELECTION MARSHAL DUTIES. (a) Election
46	46	marshals established under Section 273.101 shall perform their
47	47	election marshal duties in addition to their regular employment.
48	48	(b) An election marshal shall promptly investigate an
49	49	alleged violation of this code that is referred by the
50	50	clearinghouse under Section 273.102(b).
51	51	(c) If an election marshal investigates an alleged
52	52	violation of this code and finds probable cause exists that a
53	53	violation of this code is occurring or is likely to occur, the
54	54	marshal shall:
55	55	(1) complete a probable cause affidavit;
56	56	(2) file the affidavit with the attorney general and a
57	57	county or district attorney with jurisdiction over the violation;
58	58	and
59	59	(3) provide a copy to the elections division of the
60	60	secretary of state's office.
61	61	(d) Each election marshal may receive and act upon requests
62	62	directly from the secretary of state's office during early voting
63	63	by personal appearance and on election day, and shall respond to a
64	64	request not later than:
65	65	(1) three hours after receiving the request during
66	66	early voting by personal appearance; and
67	67	(2) one hour after receiving the request on election
68	68	day.
69	69	(e) In order to ensure compliance with this code, election
70	70	marshals may:
71	71	(1) exercise all lawful means to enforce the
72	72	provisions of this code; and
73	73	(2) make arrests necessary to prevent the violation
74	74	from occurring or continuing.
75	75	(f) Election marshals may request clarification of this
76	76	code from the secretary of state's office.
77	77	Sec. 273.104. INVESTIGATION AND PROSECUTION OF ALLEGATION.
78	78	(a) On receipt of a probable cause affidavit from an election
79	79	marshal:
80	80	(1) the county or district attorney having
81	81	jurisdiction shall investigate the violation; and
82	82	(2) the attorney general may investigate the
83	83	violation.
84	84	(b) If the investigation provides sufficient evidence to
85	85	prosecute, the county or district attorney shall be responsible for
86	86	prosecuting the case.
87	87	(c) The attorney general, if requested to do so by the
88	88	prosecuting attorney, may assist in the investigation or
89	89	prosecution of an offense under this section.
90	90	Sec. 273.105. REPORTING OF ALLEGED VIOLATIONS BY
91	91	CANDIDATES, POLITICAL PARTIES, OR ELECTION OFFICIALS. A candidate,
92	92	a political party, or an election official may bring an alleged
93	93	violation of this code to the clearinghouse, the attorney general,
94	94	or a local county or district attorney with jurisdiction.
95	95	Sec. 273.106. JUDICIAL REMEDIES. This subchapter may not
96	96	be construed to limit the ability of any interested party from
97	97	seeking judicial remedies for alleged violations of this code.
98	98	SECTION 2. This Act takes effect September 1, 2023.