Swanson Bill Creates Election Marshals, One Per Million Residents

The text as introduced · 1,599 words

89R75 MLH-D

By: Swanson
H.B. No. 703

A BILL TO BE ENTITLED

AN ACT

relating to the enforcement of laws relating to elections.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 31.005(a) and (b), Election Code, are

amended to read as follows:

(a) The secretary of state may take appropriate action to

protect against violations of this code and to protect the voting

rights of the citizens of this state from abuse by the authorities

administering the state's electoral processes.

(b) The secretary of state may order a person performing

official functions in the administration of any part of the

electoral processes to correct offending conduct if the secretary

determines that the person is exercising the powers vested in that

person in a manner that:

(1) impedes the free exercise of a citizen's voting

rights; [ or ]

(2) unless acting under an order of a court of

competent jurisdiction, delays or cancels an election that the

person does not have specific statutory authority to delay or

cancel ; or

(3) otherwise violates a provision of this code .

SECTION 2. The heading to Chapter 34, Election Code, is

amended to read as follows:

CHAPTER 34. STATE INSPECTORS AND ELECTION MARSHALS

SECTION 3. Chapter 34, Election Code, is amended by adding

Sections 34.006 and 34.007 to read as follows:

Sec. 34.006. ELECTION MARSHALS. (a) The secretary of state

shall appoint a state election marshal. The state election marshal

reports to the secretary of state.

(b) The state election marshal shall appoint election

marshals for each Department of Public Safety region such that

there is one election marshal for each 1,000,000 people who reside

in the region. Appointments must be made not later than the 60th

day before the date early voting is scheduled to begin in an

election held on a uniform election date in November or a primary

election. An appointment made under this section is in effect for

90 days, and may be extended by the state election marshal if the

election marshal is conducting an investigation.

(c) The state election marshal shall designate an election

marshal in each Department of Public Safety region as the chief

election marshal for the region. The chief election marshal for a

region shall assign election marshals to each alleged violation of

this code occurring in the region as described by Section 34.007.

(d) To be qualified as a state election marshal or an

election marshal, a person must:

(1) be licensed as a peace officer by the Texas

Commission on Law Enforcement;

(2) be commissioned by the Department of Public

Safety; and

(3) have received training in election law from the

secretary of state.

(e) An election marshal has the powers and duties of a state

inspector under this chapter and other powers and duties as

assigned by law.

(f) The name, county of residence, and contact information

for the purpose of official business of each election marshal and

the state election marshal are public information.

Sec. 34.007. INVESTIGATION BY STATE INSPECTORS AND ELECTION

MARSHALS. (a) In this section:

(1) "Chief election marshal" means the election

marshal appointed by the secretary of state for a Department of

Public Safety region.

(2) "Election marshal" means an election marshal

appointed under Section 34.006.

(3) "State inspector" means a state inspector

appointed under this chapter.

(b) A state inspector or election marshal shall promptly

investigate an alleged violation of this code that is:

(1) supported by an affidavit or unsworn declaration;

and

(2) submitted to the state inspector or chief election

marshal, and if submitted to the chief election marshal, assigned

to the election marshal.

(c) If an election marshal investigates an alleged

violation of this code and finds probable cause exists that a

violation of this code is occurring or is likely to occur, the

election marshal:

(1) shall exercise all lawful means to prevent the

violation from continuing or occurring;

(2) may seek such orders, processes, or warrants from

a court that the election marshal finds necessary to prevent the

violation from continuing or occurring; and

(3) may also file appropriate criminal charges.

(d) Nothing in this section shall be interpreted to affect

the right of a candidate or political party to file a civil action

under other law.

SECTION 4. Section 273.001(a), Election Code, is amended to

read as follows:

(a) If two or more registered voters of the territory

covered by an election or an election marshal assigned to the

Department of Public Safety region that includes the territory

covered by an election presents [ present ] affidavits alleging

criminal conduct in connection with the election to the county or

district attorney having jurisdiction in that territory, the county

or district attorney shall investigate the allegations. [ If the

election covers territory in more than one county, the voters may

present the affidavits to the attorney general, and the attorney

general shall investigate the allegations. ]

SECTION 5. The heading to Section 273.003, Election Code,

is amended to read as follows:

Sec. 273.003. IMPOUNDING ELECTION RECORDS AND EQUIPMENT .

SECTION 6. Section 273.003(a), Election Code, is amended to

read as follows:

(a) In the investigation of an election, a county or

district attorney , [ or ] the attorney general , the secretary of

state, or an election marshal may have impounded for the

investigation the election returns, voted ballots, signature

roster, and other election records or equipment .

SECTION 7. The heading of Subchapter E, Chapter 273,

Election Code, is amended to read as follows:

SUBCHAPTER E. INJUNCTIVE RELIEF AND EMERGENCY REVIEW [ INJUNCTION ]

SECTION 8. Section 273.081, Election Code, is amended to

read as follows:

Sec. 273.081. INJUNCTION. (a) A person , including a

candidate, a political party, or a state, county, or precinct chair

of a political party, who is being harmed or is in danger of being

harmed by a violation or threatened violation of this code is

entitled to appropriate injunctive relief to prevent the violation

from continuing or occurring and may bring an action to obtain

injunctive relief to prevent the violation from continuing or

occurring .

(b) In connection with an action for injunctive relief filed

under Subsection (a), a court may issue subpoenas of persons or

property and order the inspection or impoundment of election

records or equipment.

SECTION 9. Subchapter E, Chapter 273, Election Code, is

amended by adding Sections 273.082 and 273.083 to read as follows:

Sec. 273.082. DISQUALIFICATION OF JUDGE. (a) The judge of

a district or county court with jurisdiction over any geographic

area served by an election official who is a party in a proceeding

for injunctive relief under this subchapter is disqualified to

preside over the proceeding, unless the election official serves

statewide.

(b) If a petition is filed in a proceeding in which a judge

may be disqualified under Subsection (a), the clerk of the court

shall promptly call the filing to the attention of the judge. If

the judge determines that the judge is disqualified under

Subsection (a), the judge shall promptly request the presiding

judge of the administrative judicial region to assign an alternate

judge to preside over the proceeding.

(c) A judge who resides in the geographic area served by the

election official who is a party under Subsection (a) is not

eligible for assignment as an alternate judge for the proceeding.

(d) In a proceeding in which a judge is disqualified under

Subsection (a), until an alternate judge is assigned to preside

over the proceeding, the presiding judge of the administrative

judicial region may take any action in the proceeding otherwise

authorized by law, including the issuance of temporary relief.

Sec. 273.083. 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 a sufficient number of visiting judges to

serve as emergency election review judges to preside in actions

under this section, in accordance with Chapter 74, Government Code.

(b) 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.

(c) An action filed by a candidate in an election or a

political party or state, county, or precinct chair of a political

party that has a candidate in an election that alleges a violation

of this code in that election and requests emergency injunctive

relief to prevent the alleged violation from continuing or

occurring shall be assigned to an emergency election review judge.

An action under this section arising in the district or county in

which the court served by an active judge appointed as an emergency

election review judge has jurisdiction may not be assigned to that

judge.

(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:

(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 of in-person early

voting; or

(2) one hour after the judge receives a written

hearing request filed not earlier than the last day of in-person

early voting and not later than the final canvass of an election.

(e) A hearing conducted by an emergency election review

judge shall be recorded or transcribed and is subject to appellate

review.

SECTION 10. This Act takes effect September 1, 2025.