AG Paxton Wants Power to Prosecute Voter Fraud

Attorney General Ken Paxton (R) is calling on the Texas House of Representatives to pass a bill aimed at strengthening Texas’ election integrity by restoring his authority to prosecute voter fraud.

In a press release issued this week, Attorney General Paxton backed the Senate Substitute for House Bill 5138, which would overturn a 2021 ruling by the Texas Court of Criminal Appeals. That decision stripped the Attorney General’s office of its long-held power to prosecute election crimes independently, placing sole discretion in the hands of local district and county attorneys.

“If the Attorney General can’t prosecute voter fraud, and local DAs won’t, then the system is broken,” Attorney General Paxton said. “We’re talking about one of the most fundamental rights we have as Americans—the right to vote. This legislation gives Texas the legal tools to protect the ballot box.”

He warned that the 2021 ruling has created an opening for voter fraud to go unpunished, particularly in areas where local prosecutors may be unwilling or may be politically pressured not to pursue such cases.

“Secure elections are the foundation of our system of government,” Attorney Paxton added. “But if a rogue district or county attorney ignores clear evidence of voter fraud, there’s nothing we can do about it.”

Supporters of the bill argue that election fraud can involve complex, resource-intensive investigations that the Attorney General is better equipped to handle. The bill is seen by the attorney general and Republican lawmakers as essential to restoring public confidence in Texas elections.

Attorney General Paxton is currently vying to unseat Texas Senator John Cornyn (R), and a recent poll indicated that he is leading Senator Cornyn by 9 points.

The poll, which was conducted by the Barbara Jordan Public Policy Research and Survey Center at Texas Southern University, showed the attorney general leading in a hypothetical two-way contest with Attorney General Paxton at 43% and Senator Cornyn at 34%. 23% of the respondents were unsure.