By: Bettencourt, Creighton	S.B. No. 220
	Hughes

	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, 2023.