A constitutional amendment has been proposed for the upcoming legislative session that would empower the Texas attorney general to prosecute election crimes in the state.
Since a controversial 2021 ruling by the Texas Court of Criminal Appeals, the attorney general has been hampered from unilaterally prosecuting election crimes.
The nine-judge body argued that the Texas Constitution only gives district and county attorneys exclusive authority to prosecute criminal cases, including those relating to statewide elections.
However, a new constitutional amendment proposed by State Rep. Terri Leo-Wilson (R-Galveston) would explicitly grant the attorney general the authority “to prosecute a criminal offense prescribed by the election laws of this state.”
House Joint Resolution 103 specifically amends Section 22(b) Article IV of the Texas Constitution to include the new language granting the attorney general “concurrent jurisdiction with each county or district attorney” over these cases.
“By filing HJR 103, I aim to strengthen our ability to prosecute election crimes and uphold the principle of free and fair elections,” Leo-Wilson told Texas Scorecard. “Granting the attorney general authority to address these offenses sends a clear message that election integrity is a top priority in Texas.”
This amendment is critical to maintaining public trust in our democratic process and protecting the voice of every voter.
Advancing Integrity President Christine Welborn said the proposed amendment is necessary because “the vast majority of Texas district attorneys have either refused to or have neglected to prosecute violations of election law.”
“Texas must restore the AG’s power to prosecute election fraud cases, especially organized vote harvesting that often crosses district and county lines,” she continued. “Criminals will not be deterred if they know they won’t be prosecuted.”
Advancing Integrity is a grassroots organization focused on free and fair elections in Texas. The group lists allowing the attorney general to prosecute election crimes as a top priority on its website.
Leo-Wilson’s proposal requires two-thirds support in both the Texas House and Senate before voters would have an opportunity to ratify or reject the amendment in an election planned for November 4, 2025.
It comes just one month after three candidates backed by Attorney General Ken Paxton won their races to sit on the bench at the Court of Criminal Appeals. All three had unseated incumbent Republicans in March who ruled against allowing the attorney general to prosecute election crimes.
Paxton wrote on X after their March primary victories that the win was “a mandate for justice.”
“We will begin the crucial work of rebuilding our Court of Criminal Appeals, restoring integrity to our legal system, and ensuring that every Texan’s voice is heard and respected,” stated Paxton.
Before the court’s 2021 ruling, lawmakers had passed House Bill 1735 in 2017, permitting the attorney general to handle election-related crimes. It also notably equated organized election fraud with other kinds of organized crime.
Renewed interest in restoring this authority to the attorney general follows a string of victories for local prosecutors backed by billionaire George Soros in recent years, including recently elected DA Sean Teare in Harris County.
The Texas Court of Appeals is comprised of nine judges and is the decisive court for criminal matters in the state. The Texas Supreme Court, on the other hand, is the decisive court for civil matters.
The 89th Legislative session starts on January 14, 2025.
