Texas 2025 - 89th Regular

Texas House Bill HB703 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R75 MLH-D
2	2	By: Swanson H.B. No. 703
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the enforcement of laws relating to elections.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 31.005(a) and (b), Election Code, are
12	12	amended to read as follows:
13	13	(a) The secretary of state may take appropriate action to
14	14	protect against violations of this code and to protect the voting
15	15	rights of the citizens of this state from abuse by the authorities
16	16	administering the state's electoral processes.
17	17	(b) The secretary of state may order a person performing
18	18	official functions in the administration of any part of the
19	19	electoral processes to correct offending conduct if the secretary
20	20	determines that the person is exercising the powers vested in that
21	21	person in a manner that:
22	22	(1) impedes the free exercise of a citizen's voting
23	23	rights; [or]
24	24	(2) unless acting under an order of a court of
25	25	competent jurisdiction, delays or cancels an election that the
26	26	person does not have specific statutory authority to delay or
27	27	cancel; or
28	28	(3) otherwise violates a provision of this code.
29	29	SECTION 2. The heading to Chapter 34, Election Code, is
30	30	amended to read as follows:
31	31	CHAPTER 34. STATE INSPECTORS AND ELECTION MARSHALS
32	32	SECTION 3. Chapter 34, Election Code, is amended by adding
33	33	Sections 34.006 and 34.007 to read as follows:
34	34	Sec. 34.006. ELECTION MARSHALS. (a) The secretary of state
35	35	shall appoint a state election marshal. The state election marshal
36	36	reports to the secretary of state.
37	37	(b) The state election marshal shall appoint election
38	38	marshals for each Department of Public Safety region such that
39	39	there is one election marshal for each 1,000,000 people who reside
40	40	in the region. Appointments must be made not later than the 60th
41	41	day before the date early voting is scheduled to begin in an
42	42	election held on a uniform election date in November or a primary
43	43	election. An appointment made under this section is in effect for
44	44	90 days, and may be extended by the state election marshal if the
45	45	election marshal is conducting an investigation.
46	46	(c) The state election marshal shall designate an election
47	47	marshal in each Department of Public Safety region as the chief
48	48	election marshal for the region. The chief election marshal for a
49	49	region shall assign election marshals to each alleged violation of
50	50	this code occurring in the region as described by Section 34.007.
51	51	(d) To be qualified as a state election marshal or an
52	52	election marshal, a person must:
53	53	(1) be licensed as a peace officer by the Texas
54	54	Commission on Law Enforcement;
55	55	(2) be commissioned by the Department of Public
56	56	Safety; and
57	57	(3) have received training in election law from the
58	58	secretary of state.
59	59	(e) An election marshal has the powers and duties of a state
60	60	inspector under this chapter and other powers and duties as
61	61	assigned by law.
62	62	(f) The name, county of residence, and contact information
63	63	for the purpose of official business of each election marshal and
64	64	the state election marshal are public information.
65	65	Sec. 34.007. INVESTIGATION BY STATE INSPECTORS AND ELECTION
66	66	MARSHALS. (a) In this section:
67	67	(1) "Chief election marshal" means the election
68	68	marshal appointed by the secretary of state for a Department of
69	69	Public Safety region.
70	70	(2) "Election marshal" means an election marshal
71	71	appointed under Section 34.006.
72	72	(3) "State inspector" means a state inspector
73	73	appointed under this chapter.
74	74	(b) A state inspector or election marshal shall promptly
75	75	investigate an alleged violation of this code that is:
76	76	(1) supported by an affidavit or unsworn declaration;
77	77	and
78	78	(2) submitted to the state inspector or chief election
79	79	marshal, and if submitted to the chief election marshal, assigned
80	80	to the election marshal.
81	81	(c) If an election marshal investigates an alleged
82	82	violation of this code and finds probable cause exists that a
83	83	violation of this code is occurring or is likely to occur, the
84	84	election marshal:
85	85	(1) shall exercise all lawful means to prevent the
86	86	violation from continuing or occurring;
87	87	(2) may seek such orders, processes, or warrants from
88	88	a court that the election marshal finds necessary to prevent the
89	89	violation from continuing or occurring; and
90	90	(3) may also file appropriate criminal charges.
91	91	(d) Nothing in this section shall be interpreted to affect
92	92	the right of a candidate or political party to file a civil action
93	93	under other law.
94	94	SECTION 4. Section 273.001(a), Election Code, is amended to
95	95	read as follows:
96	96	(a) If two or more registered voters of the territory
97	97	covered by an election or an election marshal assigned to the
98	98	Department of Public Safety region that includes the territory
99	99	covered by an election presents [present] affidavits alleging
100	100	criminal conduct in connection with the election to the county or
101	101	district attorney having jurisdiction in that territory, the county
102	102	or district attorney shall investigate the allegations. [If the
103	103	election covers territory in more than one county, the voters may
104	104	present the affidavits to the attorney general, and the attorney
105	105	general shall investigate the allegations.]
106	106	SECTION 5. The heading to Section 273.003, Election Code,
107	107	is amended to read as follows:
108	108	Sec. 273.003. IMPOUNDING ELECTION RECORDS AND EQUIPMENT.
109	109	SECTION 6. Section 273.003(a), Election Code, is amended to
110	110	read as follows:
111	111	(a) In the investigation of an election, a county or
112	112	district attorney, [or] the attorney general, the secretary of
113	113	state, or an election marshal may have impounded for the
114	114	investigation the election returns, voted ballots, signature
115	115	roster, and other election records or equipment.
116	116	SECTION 7. The heading of Subchapter E, Chapter 273,
117	117	Election Code, is amended to read as follows:
118	118	SUBCHAPTER E. INJUNCTIVE RELIEF AND EMERGENCY REVIEW [INJUNCTION]
119	119	SECTION 8. Section 273.081, Election Code, is amended to
120	120	read as follows:
121	121	Sec. 273.081. INJUNCTION. (a) A person, including a
122	122	candidate, a political party, or a state, county, or precinct chair
123	123	of a political party, who is being harmed or is in danger of being
124	124	harmed by a violation or threatened violation of this code is
125	125	entitled to appropriate injunctive relief to prevent the violation
126	126	from continuing or occurring and may bring an action to obtain
127	127	injunctive relief to prevent the violation from continuing or
128	128	occurring.
129	129	(b) In connection with an action for injunctive relief filed
130	130	under Subsection (a), a court may issue subpoenas of persons or
131	131	property and order the inspection or impoundment of election
132	132	records or equipment.
133	133	SECTION 9. Subchapter E, Chapter 273, Election Code, is
134	134	amended by adding Sections 273.082 and 273.083 to read as follows:
135	135	Sec. 273.082. DISQUALIFICATION OF JUDGE. (a) The judge of
136	136	a district or county court with jurisdiction over any geographic
137	137	area served by an election official who is a party in a proceeding
138	138	for injunctive relief under this subchapter is disqualified to
139	139	preside over the proceeding, unless the election official serves
140	140	statewide.
141	141	(b) If a petition is filed in a proceeding in which a judge
142	142	may be disqualified under Subsection (a), the clerk of the court
143	143	shall promptly call the filing to the attention of the judge. If
144	144	the judge determines that the judge is disqualified under
145	145	Subsection (a), the judge shall promptly request the presiding
146	146	judge of the administrative judicial region to assign an alternate
147	147	judge to preside over the proceeding.
148	148	(c) A judge who resides in the geographic area served by the
149	149	election official who is a party under Subsection (a) is not
150	150	eligible for assignment as an alternate judge for the proceeding.
151	151	(d) In a proceeding in which a judge is disqualified under
152	152	Subsection (a), until an alternate judge is assigned to preside
153	153	over the proceeding, the presiding judge of the administrative
154	154	judicial region may take any action in the proceeding otherwise
155	155	authorized by law, including the issuance of temporary relief.
156	156	Sec. 273.083. EMERGENCY REVIEW OF ELECTION ACTIVITY. (a)
157	157	Not later than the 60th day before the date of a regular or special
158	158	election, the presiding judge of each administrative judicial
159	159	region shall appoint a sufficient number of visiting judges to
160	160	serve as emergency election review judges to preside in actions
161	161	under this section, in accordance with Chapter 74, Government Code.
162	162	(b) A judge appointed to serve as an emergency election
163	163	review judge shall receive training as specified by the secretary
164	164	of state at least once a year.
165	165	(c) An action filed by a candidate in an election or a
166	166	political party or state, county, or precinct chair of a political
167	167	party that has a candidate in an election that alleges a violation
168	168	of this code in that election and requests emergency injunctive
169	169	relief to prevent the alleged violation from continuing or
170	170	occurring shall be assigned to an emergency election review judge.
171	171	An action under this section arising in the district or county in
172	172	which the court served by an active judge appointed as an emergency
173	173	election review judge has jurisdiction may not be assigned to that
174	174	judge.
175	175	(d) A request for hearing in an action heard by an emergency
176	176	election review judge shall be delivered to the assigned judge who
177	177	shall promptly conduct a hearing, by electronic means or otherwise,
178	178	to begin no later than:
179	179	(1) three hours after the judge receives a written
180	180	hearing request filed not earlier than the 45th day before the date
181	181	of the election and not later than the last day of in-person early
182	182	voting; or
183	183	(2) one hour after the judge receives a written
184	184	hearing request filed not earlier than the last day of in-person
185	185	early voting and not later than the final canvass of an election.
186	186	(e) A hearing conducted by an emergency election review
187	187	judge shall be recorded or transcribed and is subject to appellate
188	188	review.
189	189	SECTION 10. This Act takes effect September 1, 2025.