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.