Texas’s highest court for criminal matters has ruled that the attorney general cannot independently prosecute election cases. In an 8–1 decision Wednesday (pdf), the Texas Court of Criminal Appeals stated, “the Attorney General can prosecute [election cases] with the permission of the local prosecutor but cannot initiate prosecution unilaterally.” At issue is a provision in section 273.021 of the Texas Election Code, which reads, in part, “The attorney general may prosecute a criminal offense prescribed by the election laws of this state.” The court said that the provision violates the separation of powers clause in the Texas Constitution. The ruling was tied to a case involving a southeast Texas sheriff who faced campaign-finance violation charges. The Texas Rangers had found that Jefferson County Sheriff Zena Stephens, during her 2016 run for sheriff, allegedly accepted individual cash campaign contributions that exceeded $100, which is a violation of campaign finance law. The Jefferson County District Attorney’s office declined …
Texas Attorney General Cannot Independently Prosecute Election Cases, Court Rules
December 16, 2021
admin
Election IntegrityFeatured TopicsJudiciaryKen PaxtonLocal NewsRegional-Local NewsTexasTexas Attorney GeneralUSUS News
0 Comment