(a) If, after receiving or discovering information indicating that criminal conduct in connection with an election has occurred, the secretary of state determines that there is reasonable cause to suspect that criminal conduct occurred, the secretary shall promptly refer the information to the attorney general. The secretary shall deliver to the attorney general all pertinent documents and information in the secretary’s possession.
(b) The documents and information submitted under Subsection (a) are not considered public information until:
(1) the secretary of state makes a determination that the information received does not warrant an investigation; or
(2) if referred to the attorney general, the attorney general has completed the investigation or has made a determination that the information referred does not warrant an investigation.