From: Tom Glass, Texas Constitutional Enforcement (txce.org)
To: Donald J. Trump
Re: Action needed now to insure effective election law enforcement in big Texas counties in 2024
Unless Governor Abbott adds election integrity enforcement to one of the special sessions he calls this year, there will be no effective enforcement of Texas election law during the 2024 presidential election in the big Texas counties. I urge you to urge Governor Abbott to add election integrity enforcement as described below to a special session call.
The Texas Court of Criminal Appeals (CCA) declared in its 2022 State v. Stephenson opinion that the Texas Constitution stops the Attorney General (AG) from independently prosecuting any Texas criminal statute including election law.
Two bills (SB 1927 and HB 4026) introduced during the regular Texas legislative session to implement the only solution that can timely solve the problem -- independent, state-level enforcement of election law with a prosecutor office reporting to the Texas judiciary. But neither passed.
Here is the language of what I have asked Governor Abbott to use to make the call in a special session this year:
- ELECTION INTEGRITY ENFORCEMENT: Legislation to implement independent state level prosecution of election integrity, public integrity, abortion, human smuggling, sedition, and riot in response to and in compliance with the CCA State v Stephens
Explanation: Without passing this in 2023, there will be no effective enforcement of election law in the big counties of Texas and the Democrats know it. Texas Republican leadership does not want to explain to Trump why we had the opportunity to get law enforcement in this vital area, but failed to do so. The bill that was leading the way and should be introduced again is SB 1927 (Hughes). For a variant on that approach see also HB 4026 (Schofield).
The additions to the jurisdiction for independent state-level prosecution are also items of great importance to the entire state.
Other proposed solutions were proposed and introduced during this session, one of which passed (HB 17), which gives one additional way for a Texas court to remove district attorneys from office. But that approach will not insure vigorous election law enforcement in 2024. Only a replacement for the independent, state-level prosecution that the CCA stopped will get the vital job done.