CHAPTER 273. CRIMINAL INVESTIGATION AND OTHER ENFORCEMENT PROCEEDINGS
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.