Bill Text: TX SB1901 | 2021-2022 | 87th Legislature | Engrossed


Bill Title: Relating to the authority of the secretary of state to order the performance of certain election functions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2021-05-12 - Reported favorably w/o amendment(s) [SB1901 Detail]

Download: Texas-2021-SB1901-Engrossed.html
 
 
  By: Zaffirini S.B. No. 1901
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of the secretary of state to order the
  performance of certain election functions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 31.005, Election Code, is
  amended to read as follows:
         Sec. 31.005.  PROTECTION OF VOTING RIGHTS; ENFORCEMENT.
         SECTION 2.  Section 31.005, Election Code, is amended by
  amending Subsection (b) and adding Subsection (c) to read as
  follows:
         (b)  The secretary of state may order [If the secretary
  determines that] 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.
         (c)[, the secretary may order the person to correct the
  offending conduct.] If a [the] person described by Subsection (b)
  fails to comply with an order from the secretary of state under this
  section, the secretary may seek enforcement of the order by a
  temporary restraining order or a writ of injunction or mandamus
  obtained through the attorney general.
         SECTION 3.  This Act takes effect September 1, 2021.
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