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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement of laws relating to elections. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 34, Election Code, is |
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amended to read as follows: |
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CHAPTER 34. STATE INSPECTORS AND ELECTION MARSHALS |
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SECTION 2. Chapter 34, Election Code, is amended by adding |
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Sections 34.006 and 34.007 to read as follows: |
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Sec. 34.006. ELECTION MARSHALS. (a) The secretary of state |
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shall appoint a state election marshal. The state election marshal |
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reports to the secretary of state. |
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(b) The state election marshal shall appoint election |
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marshals for each Department of Public Safety region such that |
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there is one election marshal for each 250,000 people who reside in |
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the region. The number of marshals appointed for a region under |
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this section shall be updated following every decennial census. |
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Appointments made after an update following a decennial census must |
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be made not later than the 60th day before the date early voting is |
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scheduled to begin in the first election occurring after the |
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release of the census data. |
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(c) The state election marshal shall designate an election |
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marshal in each Department of Public Safety region as the chief |
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election marshal for the region. The chief election marshal for a |
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region shall assign election marshals to each alleged violation of |
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this code occurring in the region as described by Section 34.007. |
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(d) To be qualified as a state election marshal or an |
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election marshal, a person must: |
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(1) be licensed as a peace officer by the Texas |
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Commission on Law Enforcement; and |
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(2) have received training in election law from the |
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secretary of state. |
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(e) An election marshal has the powers and duties of a state |
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inspector under this chapter and other powers and duties as |
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assigned by law. |
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(f) The name, county of residence, and contact information |
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for the purpose of official business of each election marshal and |
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the state election marshal are public information. |
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Sec. 34.007. INVESTIGATION BY STATE INSPECTORS AND ELECTION |
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MARSHALS. (a) In this section: |
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(1) "Chief election marshal" means the election |
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marshal appointed by the secretary of state for a Department of |
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Public Safety region. |
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(2) "Election marshal" means an election marshal |
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appointed under Section 34.006. |
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(3) "State inspector" means a state inspector |
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appointed under this chapter. |
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(b) A state inspector or election marshal shall promptly |
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investigate an alleged violation of this code that is: |
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(1) supported by an affidavit or unsworn declaration; |
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and |
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(2) submitted to the state inspector or chief election |
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marshal, and if submitted to the chief election marshal, assigned |
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to the election marshal. |
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(c) If an election marshal investigates an alleged |
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violation of this code and finds probable cause exists that a |
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violation of this code is occurring or is likely to occur, the |
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election marshal: |
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(1) shall exercise all lawful means to prevent the |
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violation from continuing or occurring; |
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(2) may seek such orders, processes, or warrants from |
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a court that the election marshal finds necessary to prevent the |
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violation from continuing or occurring; and |
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(3) may also file appropriate criminal charges. |
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(d) Nothing in this section shall be interpreted to affect |
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the right of a candidate or political party to file a civil action |
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under other law. |
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SECTION 3. Section 273.001(a), Election Code, is amended to |
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read as follows: |
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(a) If two or more registered voters of the territory |
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covered by an election or an election marshal assigned to the |
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Department of Public Safety region that includes the territory |
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covered by an election presents [present] affidavits alleging |
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criminal conduct in connection with the election to the county or |
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district attorney having jurisdiction in that territory, the county |
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or district attorney shall investigate the allegations. [If the |
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election covers territory in more than one county, the voters may |
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present the affidavits to the attorney general, and the attorney |
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general shall investigate the allegations.] |
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SECTION 4. The heading to Section 273.003, Election Code, |
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is amended to read as follows: |
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Sec. 273.003. IMPOUNDING ELECTION RECORDS AND EQUIPMENT. |
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SECTION 5. Section 273.003(a), Election Code, is amended to |
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read as follows: |
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(a) In the investigation of an election, a county or |
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district attorney, [or] the attorney general, the secretary of |
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state, or an election marshal may have impounded for the |
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investigation the election returns, voted ballots, signature |
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roster, and other election records or equipment. |
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SECTION 6. The heading of Subchapter E, Chapter 273, |
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Election Code, is amended to read as follows: |
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SUBCHAPTER E. INJUNCTIVE RELIEF AND EMERGENCY REVIEW [INJUNCTION] |
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SECTION 7. Section 273.081, Election Code, is amended to |
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read as follows: |
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Sec. 273.081. INJUNCTION. (a) A person, including a |
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candidate, a political party, or a state, county, or precinct chair |
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of a political party, who is being harmed or is in danger of being |
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harmed by a violation or threatened violation of this code is |
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entitled to appropriate injunctive relief to prevent the violation |
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from continuing or occurring and may bring an action to obtain |
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injunctive relief to prevent the violation from continuing or |
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occurring. |
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(b) In connection with an action for injunctive relief filed |
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under Subsection (a), a court may issue subpoenas of persons or |
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property and order the inspection or impoundment of election |
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records or equipment. |
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SECTION 8. Subchapter E, Chapter 273, Election Code, is |
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amended by adding Sections 273.082 and 273.083 to read as follows: |
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Sec. 273.082. DISQUALIFICATION OF JUDGE. (a) The judge of |
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a district or county court with jurisdiction over any geographic |
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area served by an election official who is a party in a proceeding |
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for injunctive relief under this subchapter is disqualified to |
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preside over the proceeding, unless the election official serves |
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statewide. |
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(b) If a petition is filed in a proceeding in which a judge |
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may be disqualified under Subsection (a), the clerk of the court |
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shall promptly call the filing to the attention of the judge. If |
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the judge determines that the judge is disqualified under |
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Subsection (a), the judge shall promptly request the presiding |
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judge of the administrative judicial region to assign an alternate |
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judge to preside over the proceeding. |
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(c) A judge who resides in the geographic area served by the |
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election official who is a party under Subsection (a) is not |
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eligible for assignment as an alternate judge for the proceeding. |
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(d) In a proceeding in which a judge is disqualified under |
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Subsection (a), until an alternate judge is assigned to preside |
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over the proceeding, the presiding judge of the administrative |
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judicial region may take any action in the proceeding otherwise |
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authorized by law, including the issuance of temporary relief. |
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Sec. 273.083. EMERGENCY REVIEW OF ELECTION ACTIVITY. (a) |
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Not later than the 60th day before the date of a regular or special |
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election, the presiding judge of each administrative judicial |
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region shall appoint a sufficient number of visiting judges to |
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serve as emergency election review judges to preside in actions |
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under this section, in accordance with Chapter 74, Government Code. |
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(b) A judge appointed to serve as an emergency election |
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review judge shall receive training as specified by the secretary |
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of state at least once a year. |
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(c) An action filed by a candidate in an election or a |
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political party or state, county, or precinct chair of a political |
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party that has a candidate in an election that alleges a violation |
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of this code in that election and requests emergency injunctive |
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relief to prevent the alleged violation from continuing or |
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occurring shall be assigned to an emergency election review judge. |
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An action under this section arising in the district or county in |
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which the court served by an active judge appointed as an emergency |
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election review judge has jurisdiction may not be assigned to that |
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judge. |
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(d) A request for hearing in an action heard by an emergency |
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election review judge shall be delivered to the assigned judge who |
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shall promptly conduct a hearing, by electronic means or otherwise, |
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to begin no later than: |
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(1) three hours after the judge receives a written |
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hearing request filed not earlier than the 45th day before the date |
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of the election and not later than the last day of in-person early |
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voting; or |
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(2) one hour after the judge receives a written |
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hearing request filed not earlier than the last day of in-person |
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early voting and not later than the final canvass of an election. |
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(e) A hearing conducted by an emergency election review |
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judge shall be recorded or transcribed and is subject to appellate |
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review. |
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SECTION 9. This Act takes effect September 1, 2021. |