AUSTIN, Texas — A new bill filed in the Texas Senate would allow the attorney general to prosecute election crimes.
The bill was filed by Sen. Bryan Hughes (R-Mineola). SB 1026 would amend Chapter 402 to grant jurisdiction to the attorney general to prosecute election crimes referred to the AG by law enforcement agencies.
If passed, law enforcement agencies submitting reports about probable cause concerning election crimes would also refer cases to the attorney general. On request of the attorney general, the local prosecuting attorney or law enforcement agency handling the case would provide information regarding investigations against election crime.
SB 1026 also grants the attorney general jurisdiction to prosecute election crime if six months have passed from the date the report was submitted and the local prosecuting attorney has not initiated proceedings to prosecute the offense.
The legislation is a response to a 2022 ruling from the Court of Criminal Appeals, which determined in a 8-1 vote composed entirely of GOP lawmakers that the Office of the Attorney General (OAG) cannot unilaterally prosecute voter fraud. Texas Attorney General Ken Paxton has waged an active campaign against election-related crimes since taking office in 2015.
In addition to SB 1026, another bill filed in the Texas Senate would expand the powers of the OAG. SB 318, filed by Sen. Brandon Creighton (R-Conroe), would establish an “election integrity division” within the OAG. Paxton created the division during his term as attorney general, though SB 318 would permanently codify its role into the OAG.