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Senate approves bill shifting election-crime prosecution authority; constitutional concerns voiced

August 01, 2025 | Senate, Legislative, Texas


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Senate approves bill shifting election-crime prosecution authority; constitutional concerns voiced
The Texas Senate on final passage approved a committee substitute for Senate Bill 11, a measure addressing prosecution of certain election-law crimes and authorizing the attorney general to pursue specified election-related offenses in places where local prosecutors decline to act.

Senator Hughes, speaking in favor of the measure, read sworn testimony from a voter who described an incident at a polling place in which a paid political worker allegedly intervened and completed the voter’s ballot without the voter’s consent. "By the time I told her, let me vote on my own, she said, 'no. You already voted,'" Hughes read from the sworn statement to underscore supporters’ argument that the state must act when local prosecutions do not occur.

Opponents raised a constitutional objection. Senator Johnson argued the Texas Constitution places the attorney general in the executive branch and district attorneys in a separate judicial/executive role such that the legislature cannot reallocate powers across branches by statute. "The legislature does not have the constitutional authority to take the powers of one branch of government and put them into another branch of government unless we amend the constitution," Johnson said, and he announced he could not support the bill on that ground.

After debate Senator Hughes moved final passage of the committee substitute for Senate Bill 11; the roll call recorded 17 ayes and 12 nays and the bill passed. The transcript records the sworn testimony read on the floor but does not record any immediate implementation steps or court filings following passage.

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Scribe from Workplace AI
Scribe from Workplace AI