Sec. 31.005. PROTECTION OF VOTING RIGHTS; ENFORCEMENT. (a) The secretary of state may take appropriate action to protect the voting rights of the citizens of this state from abuse by the authorities administering the state's electoral processes.
(b) The secretary of state may order a person performing official functions in the administration of any part of the electoral processes to correct offending conduct if the secretary determines that the person is exercising the powers vested in that person in a manner that:
(1) impedes the free exercise of a citizen's voting rights; or
(2) unless acting under an order of a court of competent jurisdiction, delays or cancels an election that the person does not have specific statutory authority to delay or cancel.
(c) If a person described by Subsection (b) fails to comply with an order from the secretary of state under this section, the secretary may seek enforcement of the order by a temporary restraining order or a writ of injunction or mandamus obtained through the attorney general.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 30, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 31, eff. September 1, 2021.
Structure Texas Statutes
Title 3 - Election Officers and Observers
Chapter 31 - Officers to Administer Elections
Subchapter A. Secretary of State
Section 31.001. Chief Election Officer
Section 31.002. Official Forms
Section 31.0021. Certain Official Forms: Inclusion of Nepotism Information
Section 31.004. Assistance and Advice
Section 31.005. Protection of Voting Rights; Enforcement
Section 31.0055. Voting Rights Hotline
Section 31.006. Referral to Attorney General
Section 31.007. Suspension of Provisions Implementing National Voter Registration Act
Section 31.008. Collection of Information: Forum on Election Cost Savings
Section 31.009. Distribution of Certain Funds
Section 31.010. Implementation of Federal Help America Vote Act
Section 31.011. Election Improvement Fund
Section 31.012. Voter Education
Section 31.013. Mobile Locations for Obtaining Identification
Section 31.014. Certification of Electronic Devices to Accept Voters
Section 31.016. Voting Information on Secretary of State's Website