| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to emergency review of election law violations. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Subchapter E, Chapter 273, |
|
|
Election Code, is amended to read as follows: |
|
|
SUBCHAPTER E. INJUNCTION; EMERGENCY REVIEW |
|
|
SECTION 2. Subchapter E, Chapter 273, Election Code, is |
|
|
amended by adding Section 273.082 to read as follows: |
|
|
Sec. 273.082. EMERGENCY REVIEW OF ELECTION ACTIVITY. (a) |
|
|
Not later than the 60th day before the date of a regular or special |
|
|
election, the presiding judge of each administrative judicial |
|
|
region shall appoint not fewer than three retired judges to serve as |
|
|
emergency election review judges to preside in actions under this |
|
|
section. |
|
|
(b) An action filed within 45 days of an election by a |
|
|
candidate in the election or a state or county chair of a political |
|
|
party that has a candidate in the election, that alleges a violation |
|
|
of this code in that election and requests emergency injunctive |
|
|
relief to prevent the alleged violation from continuing, shall be |
|
|
assigned to an emergency election review judge. |
|
|
(c) A judge appointed to serve as an emergency election |
|
|
review judge shall receive training as specified by the secretary |
|
|
of state at least once a year. |
|
|
(d) A request for hearing in an action heard by an emergency |
|
|
election review judge shall be delivered to the assigned judge, who |
|
|
shall promptly conduct a hearing, by electronic means or otherwise, |
|
|
to begin no later than one hour after the judge receives a written |
|
|
hearing request. |
|
|
(e) A hearing conducted by an emergency election review |
|
|
judge shall be recorded or transcribed and is subject to appellate |
|
|
review. |
|
|
(f) A request for hearing in an action heard by an emergency |
|
|
election review judge shall be delivered to the assigned judge, who |
|
|
shall promptly conduct a hearing to begin no later than: |
|
|
(1) three hours after the judge receives a written |
|
|
hearing request filed not earlier than the 45th day before the date |
|
|
of the election and not later than the last day before election day; |
|
|
or |
|
|
(2) one hour after the judge receives a written |
|
|
hearing request filed on election day. |
|
|
SECTION 3. This Act takes effect September 1, 2021. |