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A BILL TO BE ENTITLED
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AN ACT
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relating to the investigation of certain criminal conduct in |
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election matters. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 15.028, Election Code, is amended to |
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read as follows: |
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Sec. 15.028. NOTICE OF UNLAWFUL VOTING TO PROSECUTOR. |
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[(a)] If the registrar determines that a person who is not a |
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registered voter voted in an election, the registrar shall execute |
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and deliver to the attorney general and the county or district |
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attorney having jurisdiction in the territory covered by the |
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election an affidavit stating the relevant facts. |
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[(b)
If the election covers territory in more than one
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county, the registrar shall also deliver an affidavit to the
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attorney general.] |
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SECTION 2. Section 273.001, Election Code, is amended by |
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amending Subsections (a), (c), and (d), and adding Subsection (f) |
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to 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 present affidavits alleging criminal conduct |
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in connection with the election to the county or district attorney |
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having jurisdiction in that territory or the attorney general, the |
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officer to whom an affidavit is presented shall investigate the |
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allegations [the county or district attorney shall investigate the
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allegations]. [If the election covers territory in more than one
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county, the voters may present the affidavits to the attorney
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general, and the attorney general shall investigate the
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allegations.] |
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(c) On receipt of an affidavit under Section 15.028, the |
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county or district attorney having jurisdiction and, if applicable, |
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the attorney general shall promptly investigate the matter. |
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(d) On referral of a complaint from the secretary of state |
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under Section 31.006, the attorney general shall promptly [may] |
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investigate the allegations. |
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(f) Following an investigation, if the attorney general or |
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the county or district attorney having jurisdiction determines that |
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criminal conduct has occurred, the officer making the determination |
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shall take all necessary actions in accordance with this code to |
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prevent criminal conduct in connection with the election. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |