Austin, Texas — A new bill introduced in the Texas Senate allows the Attorney General to prosecute election crimes.
The bill was introduced in January 2025 by Sen. Brian Hughes (R-Mineola). SB1026 amends Chapter 402 to grant jurisdiction to the Attorney General to prosecute electoral crimes referred by law enforcement agencies. The bill is currently pending by the committee.
If passed, law enforcement agencies that submit reports on possible causes of election crimes will also refer the case to the Attorney General. At the request of the Attorney General, local prosecutors or law enforcement agencies handling the case will provide information regarding investigations into election crimes.
SB 1026 grants the Attorney General to prosecute election crimes for the Attorney General if six months have passed since the date the report was filed and the local prosecutor has not commenced the proceedings to prosecute the crime.
The Act is a response to a 2022 ruling from the Court of Criminal Appeals, which decided by an 8-1 vote entirely made up of GOP lawmakers that the Attorney General (OAG) of the GOP lawmakers cannot unilaterally prosecute voter fraud. Since taking office in 2015, Texas Attorney General Ken Paxton has been a proactive campaign against election-related crimes.
In addition to SB 1026, another bill introduced in the Texas Senate expands the powers of the OAG. SB 318, submitted by Sen. Brandon Clayton (R-Conroe), establishes the “Election Integrity Division” within the OAG. Paxton created the division during his tenure as Attorney General, but SB 318 codified the role in the OAG forever.
