88R9527 MPF-F
By: Middleton S.B. No. 2494
A BILL TO BE ENTITLED
AN ACT
relating to establishing election marshals and enforcing
violations of elections law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 273, Election Code, is amended by adding
Subchapter F to read as follows:
SUBCHAPTER F. ELECTION MARSHALS AND VIOLATION REPORTING
Sec. 273.101. APPOINTMENT OF ELECTION MARSHALS. (a) The
Department of Public Safety shall appoint election marshals to be
located throughout the state for an election held in this state for
an office of the state or federal government.
(b) To be qualified as an election marshal, a person must:
(1) be a commissioned officer of the Texas Rangers, or
a Department of Public Safety officer if the Department of Public
Safety determines that additional election marshals are necessary;
and
(2) have received training in election law from the
secretary of state's office.
(c) An election marshal serves a term no shorter than 90
days, ending on election day.
(d) Notwithstanding Subsection (c), an election marshal for
a runoff primary election serves a term beginning not earlier than
the date the election is ordered and ending on runoff primary
election day.
(e) Notwithstanding Subsection (c), if a special election
is ordered after the 90th day before election day, including an
emergency election to fill a vacancy under Section 203.004, an
election marshal serves a term beginning not earlier than the date
the election is ordered and ending on election day.
Sec. 273.102. ESTABLISHMENT OF SECRETARY OF STATE
CLEARINGHOUSE. (a) The secretary of state shall maintain a staff
to serve as a clearinghouse for election officials and the public to
report alleged violations of this code.
(b) On receipt of a report of an alleged violation of this
code, the secretary of state's clearinghouse staff shall:
(1) determine whether the alleged violation is
credible; and
(2) refer each credible alleged violation to an
appropriate election marshal for investigation.
Sec. 273.103. ELECTION MARSHAL DUTIES. (a) Election
marshals established under Section 273.101 shall perform their
election marshal duties in addition to their regular employment.
(b) An election marshal shall promptly investigate an
alleged violation of this code that is referred by the
clearinghouse under Section 273.102(b).
(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
marshal shall:
(1) complete a probable cause affidavit;
(2) file the affidavit with the attorney general and a
county or district attorney with jurisdiction over the violation;
and
(3) provide a copy to the elections division of the
secretary of state's office.
(d) Each election marshal may receive and act upon requests
directly from the secretary of state's office during early voting
by personal appearance and on election day, and shall respond to a
request not later than:
(1) three hours after receiving the request during
early voting by personal appearance; and
(2) one hour after receiving the request on election
day.
(e) In order to ensure compliance with this code, election
marshals may:
(1) exercise all lawful means to enforce the
provisions of this code; and
(2) make arrests necessary to prevent the violation
from occurring or continuing.
(f) Election marshals may request clarification of this
code from the secretary of state's office.
Sec. 273.104. INVESTIGATION AND PROSECUTION OF ALLEGATION.
(a) On receipt of a probable cause affidavit from an election
marshal:
(1) the county or district attorney having
jurisdiction shall investigate the violation; and
(2) the attorney general may investigate the
violation.
(b) If the investigation provides sufficient evidence to
prosecute, the county or district attorney shall be responsible for
prosecuting the case.
(c) The attorney general, if requested to do so by the
prosecuting attorney, may assist in the investigation or
prosecution of an offense under this section.
Sec. 273.105. REPORTING OF ALLEGED VIOLATIONS BY
CANDIDATES, POLITICAL PARTIES, OR ELECTION OFFICIALS. A candidate,
a political party, or an election official may bring an alleged
violation of this code to the clearinghouse, the attorney general,
or a local county or district attorney with jurisdiction.
Sec. 273.106. JUDICIAL REMEDIES. This subchapter may not
be construed to limit the ability of any interested party from
seeking judicial remedies for alleged violations of this code.
SECTION 2. This Act takes effect September 1, 2023.