AUSTIN - Yesterday, the Texas Court of Criminal Appeals found that the attorney general cannot prosecute election cases unilaterally – a decision AG Ken Paxton thinks “could be devastating for future elections in Texas.”
Justices concluded Section 273.021 of the Texas Election Code is unconstitutional because it delegates to the AG a power more properly assigned to the judicial department.
Section 273.021 states the attorney general may prosecute a criminal offense prescribed by the election laws of the state.
“Based on a plain reading of this statute, combined with the plain meaning of ‘as required by law’ in the Texas Constitution, the Attorney General can prosecute with the permission of the local prosecutor but cannot initiate prosecution unilaterally,” the majority opinion states.
Following the decision, Paxon tweeted: “Now, thanks to the Texas Criminal Court of Appeals, Soros-funded district attorneys will have sole power to decide whether election fraud has occurred in Texas. This ruling could be devastating for future elections in Texas.”
The decision passed 8 to 1, with Judge Kevin Yeary dissenting.
“In summation, I would conclude that Section 273.021(a) of the Election Code does not violate separation of powers, and that it is therefore constitutional,” he wrote.
The case stems from allegations of campaign finance law violations committed by Jefferson County Sheriff Zena Stephens.
According to the court’s majority opinion, the FBI discovered the asserted violations while investigating someone else. The FBI then turned the information over to the Texas Rangers. The Rangers’ investigation concluded that Stephens received individual cash campaign contributions in excess of $100.
When the county’s DA’s office declined to prosecute, the Rangers were referred to the AG. The AG then presented the case to the grand jury in neighboring Chambers County, relying on Section 273.021, the opinion states.