In a move aimed at injecting more transparency into election-related legal decisions, both chambers of the Texas Legislature have approved a new requirement that the state’s Attorney General be notified before judges can issue temporary restraining orders (TROs) affecting elections. The bill—prompted by confusion surrounding Harris County’s 2022 general election—is now headed to Governor Greg Abbott’s desk for signature.
The legislation, originally introduced as House Bill 1475 by Rep. Mike Schofield (R-Houston) and mirrored by Senate Bill 509 from Sen. Paul Bettencourt (R-Houston), was triggered by a chaotic series of events in the 2022 election, when a judge ordered extended voting hours without informing the opposing party or state officials.
“It was occasioned by an election in 2022 where a judge in Harris County held open the polls and didn’t tell the other side,” Schofield said in a recent committee hearing. “Only one party, which had moved for it, knew that the polls were being held open an additional hour.”
Under the new law, any district court judge considering a TRO related to an election must notify the Texas Office of the Attorney General (OAG), wait at least two hours before holding a hearing, and allow OAG attorneys to participate remotely. If a judge violates the process, any TRO issued would be automatically void. However, the two-hour delay can be waived if the OAG grants permission.
The legislation stems from a high-stakes legal scramble during the 2022 general election in Harris County. That year, the Texas Organizing Project filed for an emergency TRO to keep 10 polling locations open an extra hour due to early-morning delays, equipment issues, and paper ballot shortages. District Court Judge Dawn Rogers granted the extension after a brief hearing—without notifying the OAG, the Harris County Republican Party (HCRP), or the Texas Secretary of State.
Attorney General Ken Paxton’s office attempted to reverse the order but was unable to act in time. The Texas Supreme Court eventually reversed the ruling just before the extended voting period ended, ordering that late-cast ballots be set aside.
Ken Moore, a member of the State Republican Executive Committee, described the fallout in testimony before the House Elections Committee. “The AG moved with all haste to try to stop this, and they couldn’t get to the Supreme Court in time,” he said. “A lot of these were votes that were cast as regular ballots, not provisional, and it created a lot of chaos.”
Emily French of Common Cause Texas, along with the ACLU of Texas and the Texas Civil Rights Project, opposed the bill, arguing it inappropriately injects the state into local election decisions. “The state is not a party in these local matters,” French testified.
The effects of the 2022 TRO reverberated beyond Election Day. Twenty-one election contests were filed, citing the late poll closure and subsequent ballot confusion. Only one succeeded: Republican Tami Pierce’s challenge to her narrow loss in the 180th District Court race. A visiting judge ordered a new election for May 2025, but the result remains in limbo as incumbent Judge DaSean Jones appeals the ruling.
Governor Abbott has cited Harris County’s missteps, including the TRO and supply shortages, in his decision to delay a special election for Congressional District 18 until November 2025.
Supporters of the bill argue the new requirements will ensure all parties, including the public, have notice before emergency judicial actions can impact elections. “Transparency and common sense are critical,” said former Harris County Clerk Stan Stanart. “This is about ensuring our elections are fair and not subject to backroom decisions.”
On the House floor, Schofield substituted his HB 1475 with Bettencourt’s SB 509—already passed by the Senate—and the House approved it in a 98–49 vote.
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