WeVote
Log In

Bill

Bill

HJR 189

Proposing a constitutional amendment specifying the authority of the attorney general to prosecute a criminal offense prescribed by the election laws of this state.

89th Legislature (2025) Introduced by Ben Bumgarner and 18 co-sponsors

Texas constitutional amendment authorizing the state attorney general to prosecute election law violations, centralizing election crime enforcement authority at the state level.

Referred to State Affairs
#attorneygeneral(v2811) #elections--general(i0310) #resolutions--constitutionalamendments(i0661)
0
WeVote Research Nonpartisan
Bill Summary · HJR 189

Legislative bill overview

HJR 189 proposes a constitutional amendment to explicitly authorize Texas's attorney general to prosecute crimes related to state election laws. Currently, the Texas Constitution limits the attorney general's prosecutorial powers, and this amendment would clarify and expand that authority specifically for election-related offenses.

Why is this important

Election law enforcement is a significant policy area, and clarifying prosecutorial authority affects how violations are handled and deterred. This amendment could streamline prosecution of election crimes by removing potential legal ambiguities about the attorney general's jurisdiction, though it also raises questions about whether such prosecutorial expansion is necessary or desirable.

Potential points of contention

  • Separation of powers concerns: Critics may argue that concentrating election crime prosecution at the state attorney general level could create political influence over election enforcement, particularly if they're elected and partisan
  • Federalism and county authority: Local district attorneys traditionally handle most criminal prosecutions; this could shift power away from elected county officials who are closer to their communities
  • Constitutional clarity vs. expansion: Supporters argue this merely clarifies existing authority, while opponents may contend it represents an actual expansion of executive power over election administration that should remain decentralized

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.