Texas Scorecard by Brandon Waltens January 20, 2022
In an 8-1 decision last month, the Court of Criminal Appeals said that a state law granting the attorney general the power to unilaterally prosecute election cases is unconstitutional.After the Texas Court of Criminal Appeals took the power to prosecute election fraud out of the state attorney general’s hands, the Republican Party of Texas and a growing list of lawmakers are joining calls for them to reverse their decision.
In an 8-1 decision last month, the Court of Criminal Appeals—Texas’ highest court on criminal matters—said that a state law granting the attorney general the power to unilaterally prosecute election cases is unconstitutional, as the AG is not given the express authority to do so by the Texas Constitution.
Under the Texas Constitution, criminal prosecution is specifically assigned to local district and county attorneys. The attorney general had argued that a provision in the Constitution granting him the authority to “perform such other duties as may be required by law” allowed him to exercise prosecutorial authority granted by statute. The Court of Criminal Appeals disagreed, holding that clause did not “expressly permit” the statutory grant of power and, therefore, the separation of powers provision of the Constitution prohibited it.
Attorney General Ken Paxton vocally disagreed with the ruling, saying, “Soros-funded district attorneys will have sole power to decide whether election fraud has occurred in Texas.” He later asked the court to reconsider the decision.
More:
https://texasscorecard.com/state/pressure-grows-for-court-to-rehear-case-on-election-fraud-enforcement/
