Vote Smart's Synopsis:

Vote to pass a bill that establishes a system of election marshals to investigate alleged voting violations.

Highlights:

• Authorizes the secretary of state to appoint an elections marshal who will report to the secretary of state (Sec. 3). 

• Requires the state election marshal to appoint election marshals for each department of Texas’s public safety regions per 1,000,000 people (Sec. 3). 

• Specifies that an individual must meet the following qualifications to be an election marshal (Sec. 1):

• Must be state peace officer;

• Must be commissioned by the department of public safety; and

• Have received training in election law by the secretary of state. 

• Specifies that the election marshal has the powers and duties of a state inspector as assigned by the law (Sec. 3). 

• Specifies that the name, county of residence, and contact information of the election marshal is public information and can be accessed by the public for business purposes (Sec. 3). 

• Specifies that an election marshal shall investigate an alleged violation if it is supported by an affidavit and is submitted to the election marshal (Sec. 3). 

• Specifies that an election marshall will take the following actions if they receive a report about an alleged violation (Sec. 3):

• By lawful means prevent the violation from happening;

• May seek warrants or order to that end; and

• May file appropriate criminal charges.

• Specifies that nothing in this section prohibits individuals such as candidates or groups such as political parties from filing civil action (Sec. 3). 

• Specifies that an individual or group may bring an injunctive relief request to prevent violations of election law from occuring in the future (Sec. 8). 

• Specifies that a court may bring subpoenas in connection with a request for injunctive relief (Sec. 8).

• Specifies that judges must be disqualified from proceedings involving injunctive relief for election related issues if they serve in the same jurisdiction and geographical area as the election official of the jurisdiction unless that official serves statewide (Sec. 9). 

• Authorizes this act to take effect September 1st 2023 (Sec. 10).

Full Bill Text