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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the attorney general to investigate |
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election-related offenses. |
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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 an affidavit stating the relevant facts to: |
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(1) the county or district attorney having |
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jurisdiction in the territory covered by the election; and |
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(2) [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(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 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 to the attorney general, |
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the [county or district] attorney receiving the affidavits shall |
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investigate the allegations. [If the election covers territory in
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more than one county, the voters may present the affidavits to the
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attorney general, and the attorney general shall investigate the
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allegations.] |
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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, 2011. |