Texas AG Cannot Unilaterally Prosecute Voter Fraud Says State’s Highest Criminal Court

Austin (WBAP/KLIF) – The Texas attorney general does not have the authority to unilaterally prosecute claims of election fraud; so says the all-Tepublican Texas Court of Criminal Appeals.

The court struck part of a Texas election code that gives the state A-G that authority as the the “state’s top law enforcement officer.”

The 8-1 opinion says the law violates the separation of powers clause in the Texas Constitution and adds that the attorney general can only get involved in a case when asked to by a local district or county attorney.

In reaction Attorney General Ken Paxton tweeted that the ruling “could be devastating for future elections in Texas.”

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. pic.twitter.com/guARe4zoln
— Attorney General Ken Paxton (@KenPaxtonTX) December 15, 2021

Also via twitter, Harris County Attorney Christian Menefee cheered the ruling as a “win for local government and Texans.”

NEW: it’s now the law that the TX AG *cannot* unilaterally prosecute folks for violating election laws. It’s up to local prosecutors.

This is a big win for local government and Texans who are tired of state officials exaggerating voter fraud claims to undermine elections. https://t.co/qhkB5bM6Vt
— Christian D. Menefee (@CDMenefee) December 15, 2021

More reaction from Twitter user Scott Braddock who identifies himself as “Editor of the influential insider newsletter @QuorumReport who wrote:

Said another way:
The *Republican* Texas Court of Criminal Appeals decided the Texas Attorney General can't unilaterally use phony prosecutions of "voter fraud" as a campaign prop. The issue is separation of powers #txlege https://t.co/bitfBcjecB
— Scott Braddock (@scottbraddock) December 15, 2021