Attorney General Ken Paxton called on the Texas House of Representatives to pass strong election integrity legislation that would restore the Office of the Attorney General’s (“OAG”) ability to prosecute voter fraud when local officials refuse to do so.
In 2021, the Texas Court of Criminal Appeals (“CCA”) wrongly overturned more than 70 years of Texas election law, granting rogue district and county attorneys the unlimited ability to prevent the prosecution of voter fraud. This decision has opened the door for abuse throughout the state. The Senate Substitute for HB 5138 ensures that the OAG can enforce Texas’s election laws.
“If the Attorney General can’t prosecute voter fraud, and local DAs won’t, then the system is broken. We’re talking about one of the most fundamental rights we have as Americans—the right to vote. This legislation gives Texas the legal tools to protect the ballot box,” said Attorney General Paxton. “Secure elections are the foundation of our system of government, but if a rogue district or county attorney ignores clear evidence of voter fraud, there’s nothing we can do about it.”
Past election cycles have shown that a corrupt official could simply let election fraud run rampant. Additionally, DAs’ budgets are approved by local officials, creating potential conflicts of interest when deciding whether to pursue election fraud involving local officials. Furthermore, election fraud often involves complex criminal schemes that require significant investigative resources. This strong legislation will allow the OAG, which has experienced investigators, to lead the prosecution of the worst offenders. Concurring with the Senate Substitute for HB 5138 is the best opportunity to provide meaningful reform so that Texans can have full confidence in the integrity of their elections.