Bill Text: TX SB1110 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to emergency review of election law violations.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2021-03-18 - Referred to State Affairs [SB1110 Detail]
Download: Texas-2021-SB1110-Introduced.html
87R8437 ADM-D | ||
By: Bettencourt, et al. | S.B. No. 1110 |
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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. |