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A BILL TO BE ENTITLED
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AN ACT
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relating to establishing election marshals and enforcing |
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violations of elections law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 273, Election Code, is amended by adding |
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Subchapter F to read as follows: |
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SUBCHAPTER F. ELECTION MARSHALS AND VIOLATION REPORTING |
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Sec. 273.101. APPOINTMENT OF ELECTION MARSHALS. (a) The |
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Department of Public Safety shall appoint election marshals to be |
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located throughout the state for an election held in this state for |
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an office of the state or federal government. |
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(b) To be qualified as an election marshal, a person must: |
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(1) be a commissioned officer of the Texas Rangers, or |
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a Department of Public Safety officer if the Department of Public |
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Safety determines that additional election marshals are necessary; |
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and |
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(2) have received training in election law from the |
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secretary of state's office. |
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(c) An election marshal serves a term no shorter than 90 |
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days, ending on election day. |
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(d) Notwithstanding Subsection (c), an election marshal for |
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a runoff primary election serves a term beginning not earlier than |
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the date the election is ordered and ending on runoff primary |
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election day. |
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(e) Notwithstanding Subsection (c), if a special election |
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is ordered after the 90th day before election day, including an |
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emergency election to fill a vacancy under Section 203.004, an |
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election marshal serves a term beginning not earlier than the date |
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the election is ordered and ending on election day. |
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Sec. 273.102. ESTABLISHMENT OF SECRETARY OF STATE |
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CLEARINGHOUSE. (a) The secretary of state shall maintain a staff |
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to serve as a clearinghouse for election officials and the public to |
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report alleged violations of this code. |
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(b) On receipt of a report of an alleged violation of this |
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code, the secretary of state's clearinghouse staff shall: |
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(1) determine whether the alleged violation is |
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credible; and |
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(2) refer each credible alleged violation to an |
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appropriate election marshal for investigation. |
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Sec. 273.103. ELECTION MARSHAL DUTIES. (a) Election |
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marshals established under Section 273.101 shall perform their |
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election marshal duties in addition to their regular employment. |
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(b) An election marshal shall promptly investigate an |
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alleged violation of this code that is referred by the |
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clearinghouse under Section 273.102(b). |
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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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marshal shall: |
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(1) complete a probable cause affidavit; |
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(2) file the affidavit with the attorney general and a |
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county or district attorney with jurisdiction over the violation; |
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and |
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(3) provide a copy to the elections division of the |
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secretary of state's office. |
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(d) Each election marshal may receive and act upon requests |
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directly from the secretary of state's office during early voting |
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by personal appearance and on election day, and shall respond to a |
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request not later than: |
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(1) three hours after receiving the request during |
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early voting by personal appearance; and |
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(2) one hour after receiving the request on election |
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day. |
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(e) In order to ensure compliance with this code, election |
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marshals may: |
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(1) exercise all lawful means to enforce the |
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provisions of this code; and |
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(2) make arrests necessary to prevent the violation |
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from occurring or continuing. |
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(f) Election marshals may request clarification of this |
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code from the secretary of state's office. |
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Sec. 273.104. INVESTIGATION AND PROSECUTION OF ALLEGATION. |
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(a) On receipt of a probable cause affidavit from an election |
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marshal: |
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(1) the county or district attorney having |
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jurisdiction shall investigate the violation; and |
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(2) the attorney general may investigate the |
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violation. |
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(b) If the investigation provides sufficient evidence to |
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prosecute, the county or district attorney shall be responsible for |
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prosecuting the case. |
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(c) The attorney general, if requested to do so by the |
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prosecuting attorney, may assist in the investigation or |
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prosecution of an offense under this section. |
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Sec. 273.105. REPORTING OF ALLEGED VIOLATIONS BY |
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CANDIDATES, POLITICAL PARTIES, OR ELECTION OFFICIALS. A candidate, |
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a political party, or an election official may bring an alleged |
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violation of this code to the clearinghouse, the attorney general, |
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or a local county or district attorney with jurisdiction. |
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Sec. 273.106. JUDICIAL REMEDIES. This subchapter may not |
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be construed to limit the ability of any interested party from |
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seeking judicial remedies for alleged violations of this code. |
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SECTION 2. This Act takes effect September 1, 2023. |