CHAPTER 273. CRIMINAL INVESTIGATION AND OTHER ENFORCEMENT PROCEEDINGS - Texas Statutes

ELECTION CODE

TITLE 16. MISCELLANEOUS PROVISIONS

CHAPTER 273. CRIMINAL INVESTIGATION AND OTHER ENFORCEMENT

PROCEEDINGS

SUBCHAPTER A. CRIMINAL INVESTIGATION

Sec. 273.001. INVESTIGATION OF CRIMINAL CONDUCT. (a) If two or

more registered voters of the territory covered by an election

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.

(b) A district or county attorney having jurisdiction or the

attorney general may conduct an investigation on the officer's

own initiative to determine if criminal conduct occurred in

connection with an election.

(c) On receipt of an affidavit under Section 15.028, the county

or district attorney having jurisdiction and, if applicable, the

attorney general shall investigate the matter.

(d) On referral of a complaint from the secretary of state under

Section 31.006, the attorney general may investigate the

allegations.

(e) Not later than the 30th day after the date on which a county

or district attorney begins an investigation under this section,

the county or district attorney shall deliver notice of the

investigation to the secretary of state. The notice must include

a statement that a criminal investigation is being conducted and

the date on which the election that is the subject of the

investigation was held. The secretary of state may disclose

information relating to a criminal investigation received under

this subsection only if the county or district attorney has

disclosed the information or would be required by law to disclose

the information.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1993, 73rd Leg., ch. 728, Sec. 78, eff. Sept. 1, 1993;

Acts 1993, 73rd Leg., ch. 916, Sec. 26, eff. Sept. 1, 1993; Acts

2003, 78th Leg., ch. 1290, Sec. 1, eff. Sept. 1, 2003.

Sec. 273.002. LOCAL ASSISTANCE TO ATTORNEY GENERAL. For an

election in which the attorney general is conducting an

investigation, the attorney general may:

(1) direct the county or district attorney serving a county in

the territory covered by the election to conduct or assist the

attorney general in conducting the investigation; or

(2) direct the Department of Public Safety to assist in

conducting the investigation.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 273.003. IMPOUNDING ELECTION RECORDS. (a) In the

investigation of an election, a county or district attorney or

the attorney general may have impounded for the investigation the

election returns, voted ballots, signature roster, and other

election records.

(b) To have election records impounded, the investigating

officer must apply to a district court for an order placing the

election records in the court's custody for examination by the

officer.

(c) The application for impoundment must be filed with the

district court of the county in which the election was held or an

adjoining county. An application for records of a statewide

election may be filed in the county in which the election was

held, an adjoining county, or Travis County.

(d) On the filing of an application, the district judge shall

issue an order impounding the records in a secure place under the

terms and conditions the judge considers necessary to keep them

under the judge's custody and control during the examination and

for any additional time the judge directs.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 254, eff. Sept. 1, 1997.

Sec. 273.004. EXAMINATION OF IMPOUNDED RECORDS. (a) The

examination of impounded election records shall be conducted in

the same manner as a court of inquiry.

(b) Impounded election records must be examined in the presence

of the district judge ordering the impoundment or a grand jury,

as provided by the judge's order.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

SUBCHAPTER B. PROSECUTION BY ATTORNEY GENERAL

Sec. 273.021. PROSECUTION BY ATTORNEY GENERAL AUTHORIZED. (a)

The attorney general may prosecute a criminal offense prescribed

by the election laws of this state.

(b) The attorney general may appear before a grand jury in

connection with an offense the attorney general is authorized to

prosecute under Subsection (a).

(c) The authority to prosecute prescribed by this subchapter

does not affect the authority derived from other law to prosecute

the same offenses.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1993, 73rd Leg., ch. 728, Sec. 79, eff. Sept. 1, 1993;

Acts 1997, 75th Leg., ch. 864, Sec. 255, eff. Sept. 1, 1997.

Sec. 273.022. COOPERATION WITH LOCAL PROSECUTOR. The attorney

general may direct the county or district attorney serving the

county in which the offense is to be prosecuted to prosecute an

offense that the attorney general is authorized to prosecute

under Section 273.021 or to assist the attorney general in the

prosecution.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 273.023. SUBPOENA. (a) A subpoena or subpoena duces tecum

issued in connection with a prosecution under this subchapter is

effective if served anywhere in this state.

(b) A witness may not be punished for failure to comply with a

subpoena issued under this subchapter unless the proper fees are

tendered to the witness as required by statute or court rule.

(c) The attorney general may direct the Department of Public

Safety to serve a subpoena under this subchapter.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 273.024. VENUE. An offense under this subchapter may be

prosecuted in the county in which the offense was committed or an

adjoining county. If the offense is committed in connection with

a statewide election, the offense may be prosecuted in the county

in which the offense was committed, an adjoining county, or

Travis County.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

SUBCHAPTER C. EXAMINATION OF BALLOTS BY GRAND JURY

Sec. 273.041. REQUEST TO EXAMINE BALLOTS. In the investigation

of criminal conduct in connection with an election, a grand jury,

on finding probable cause to believe an offense was committed,

may request a district judge of the county served by the grand

jury to order an examination of the voted ballots in the

election.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 1078, Sec. 22, eff. Sept. 1, 1997;

Acts 2003, 78th Leg., ch. 1315, Sec. 56, eff. Jan. 1, 2004.

Sec. 273.042. ORDER BY DISTRICT JUDGE. On request of a grand

jury for an examination of voted ballots, a district judge may

order the custodian of the ballots and the custodian of the keys

to the ballot boxes to deliver the ballot boxes and the keys to

the grand jury.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 1078, Sec. 22, eff. Sept. 1, 1997;

Acts 2003, 78th Leg., ch. 1315, Sec. 56, eff. Jan. 1, 2004.

Sec. 273.043. CONDUCT OF EXAMINATION. The examination of

ballots under this subchapter shall be conducted in secret before

the grand jury.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 1078, Sec. 22, eff. Sept. 1, 1997;

Acts 2003, 78th Leg., ch. 1315, Sec. 56, eff. Jan. 1, 2004.

SUBCHAPTER D. MANDAMUS BY APPELLATE COURT

Sec. 273.061. JURISDICTION. The supreme court or a court of

appeals may issue a writ of mandamus to compel the performance of

any duty imposed by law in connection with the holding of an

election or a political party convention, regardless of whether

the person responsible for performing the duty is a public

officer.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 273.062. PROCEEDING TO OBTAIN WRIT. A proceeding to obtain

a writ of mandamus under this subchapter shall be conducted in

accordance with the rules pertaining to original proceedings of

the court in which the petition is filed.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 273.063. VENUE IN COURT OF APPEALS. (a) A petition to a

court of appeals for a writ of mandamus under this subchapter

must be filed with the court specified by this section.

(b) A petition pertaining to an election must be filed with the

court of the court of appeals district in which:

(1) the respondent resides, or in which one of them resides if

there is more than one respondent, if the election is statewide;

or

(2) the territory covered by the election is wholly or partly

situated, if the election is not statewide.

(c) A petition pertaining to a political party convention must

be filed with the court of the court of appeals district in

which:

(1) the respondent resides, or in which one of them resides if

there is more than one respondent, for a state convention;

(2) the territory represented by the convention delegates is

wholly or partly situated, for a district convention; or

(3) the precinct or county is situated, for a precinct or county

convention.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 54, Sec. 15(c), eff. Sept. 1, 1987.

SUBCHAPTER E. INJUNCTION

Sec. 273.081. INJUNCTION. A person 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.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.