Texas Courts Face New Election Temporary Restraining Order Rules

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As of September 1, 2025, state law requires that all courts in Texas notify the Office of the Attorney General as soon as practicable of any hearing on an application for a temporary restraining order under the Election Code. mage for illustration purposes
As of September 1, 2025, state law requires that all courts in Texas notify the Office of the Attorney General as soon as practicable of any hearing on an application for a temporary restraining order under the Election Code. mage for illustration purposes
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Texas Attorney General Ken Paxton. Image: X

AUSTIN – Attorney General Ken Paxton issued this notice informing Texas courts on how to notify the Office of the Attorney General (“OAG”) to fulfill statutory obligations under the Texas Election Code regarding temporary restraining orders (“TROs”) issued in Election Code matters. 

As of September 1, 2025, state law requires that all courts in Texas notify the Office of the Attorney General as soon as practicable of any hearing on an application for a temporary restraining order under the Election Code. This notice must be provided to ensure that the OAG is promptly informed of proceedings that may impact the enforcement of Texas election laws. 

Under Section 273.082, courts are also required to allow the OAG to participate remotely in any hearing on a temporary restraining order brought under the Election Code. Additionally, a court may not enter a temporary restraining order until at least one hour after providing notice to the Attorney General. The statute expressly provides that any order issued in violation of these requirements is void and unenforceable under Texas law. 

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To facilitate compliance and streamline the notification process, the Office of the Attorney General has created a dedicated online submission form that automatically delivers required notices to the appropriate agency staff. 

The Office of the Attorney General encourages all courts, clerks, and practitioners handling Election Code matters to review Section 273.082 carefully and to utilize the designated online form to ensure prompt and proper notice in accordance with Texas law. 

The notice form may be accessed here

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