Tex. Codes » Election Code · TITLE 3. ELECTION OFFICERS AND OBSERVERS · CHAPTER 31. OFFICERS TO ADMINISTER ELECTIONS
Texas Codes

Tex. Elec. Code § 31.005 (2026)

Protection Of Voting Rights; Enforcement

✓ current as of May 2026
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Sec. 31.005. PROTECTION OF VOTING RIGHTS; ENFORCEMENT. (a) The secretary of state may take appropriate action to protect the voting rights of the citizens of this state from abuse by the authorities administering the state's electoral processes.

(b) The secretary of state may order a person performing official functions in the administration of any part of the electoral processes to correct offending conduct if the secretary determines that the person is exercising the powers vested in that person in a manner that:

(1) impedes the free exercise of a citizen's voting rights; or

(2) unless acting under an order of a court of competent jurisdiction, delays or cancels an election that the person does not have specific statutory authority to delay or cancel.

(c) If a person described by Subsection (b) fails to comply with an order from the secretary of state under this section, the secretary may seek enforcement of the order by a temporary restraining order or a writ of injunction or mandamus obtained through the attorney general.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 30, eff. September 1, 2021.

Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 31, eff. September 1, 2021.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2020–2025 · leading case: George Richardson v. Texas Sec'y of State (W.D. Tex. 2020).
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George Richardson v. Texas Sec'y of State (W.D. Tex. 2020). · cites it 3× “See Tex. Elec. Code § 31.005. Indeed, the Secretary utilized those procedures in the recent weeks in order to protect the right to vote from alleged “abuse” by Harris County officials.”
State of Texas v. Harris Cnty., Texas (Tex. App. 2025). · cites it 2× “Tex. Elec. Code § 31.005. And there remain specific provisions of the Election Code that identify the Attorney General as having authority to bring suit.”
State v. Chris Hollins, in His Off. Capacity as Harris Cnty. Clerk (Tex. App. 2020). “Tex. Elec. Code Ann. § 31.005 . 2 application in which Ingram and Hollins both testified.”
Ruth Hughs in Her Off. Capacity as the Texas Sec'y of State v. Move Texas Action Fund (Tex. App. 2020). “002, either directly or through the Attorney General as outlined in Texas Election Code § 31.005,” and to refrain “from advising county election officials to enforce the physician’s certificate requirement of Texas Election Code § 102.”
— Tex. Elec. Code § 31.005(a) — 1 case
George Richardson v. Texas Sec'y of State (W.D. Tex. 2020). “See Tex. Elec. Code § 31.005. Indeed, the Secretary utilized those procedures in the recent weeks in order to protect the right to vote from alleged “abuse” by Harris County officials.”
— Tex. Elec. Code § 31.005(b) — 1 case
George Richardson v. Texas Sec'y of State (W.D. Tex. 2020). “See Tex. Elec. Code § 31.005. Indeed, the Secretary utilized those procedures in the recent weeks in order to protect the right to vote from alleged “abuse” by Harris County officials.”
— Tex. Elec. Code § 31.005(c) — 1 case
State of Texas v. Harris Cnty., Texas (Tex. App. 2025). “Tex. Elec. Code § 31.005. And there remain specific provisions of the Election Code that identify the Attorney General as having authority to bring suit.”
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