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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 secretary of state to order the |
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performance of certain election functions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 31.005, Election Code, is |
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amended to read as follows: |
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Sec. 31.005. PROTECTION OF VOTING RIGHTS; ENFORCEMENT. |
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SECTION 2. Section 31.005, Election Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) The secretary of state may order [If the secretary |
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determines that] a person performing official functions in the |
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administration of any part of the electoral processes to correct |
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offending conduct if the secretary determines that the person is |
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exercising the powers vested in that person in a manner that: |
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(1) impedes the free exercise of a citizen's voting |
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rights; or |
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(2) unless acting under an order of a court of |
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competent jurisdiction, delays or cancels an election that the |
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person does not have specific statutory authority to delay or |
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cancel. |
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(c)[, the secretary may order the person to correct the |
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offending conduct.] If a [the] person described by Subsection (b) |
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fails to comply with an order from the secretary of state under this |
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section, the secretary may seek enforcement of the order by a |
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temporary restraining order or a writ of injunction or mandamus |
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obtained through the attorney general. |
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SECTION 3. This Act takes effect September 1, 2021. |