Texas 2025 - 89th Regular

Texas House Bill HB5115

Filed
3/13/25  
Out of House Committee
5/5/25  
Voted on by House
5/15/25  
Out of Senate Committee
5/25/25  
Bill Becomes Law
 

Caption

Relating to the penalty for the crime of election fraud; increasing a criminal penalty.

Impact

If enacted, HB 5115 would bring about considerable changes to how election fraud is prosecuted in Texas. By establishing more stringent penalties, the bill is likely to serve as a deterrent against potential fraudulent activities during elections. This elevated legal framework aims to enhance voters' confidence in the electoral process and assure them that measures are in place to protect their rights. However, these changes could also lead to increased scrutiny of voting processes, and potentially, lead to accusations of voter suppression if perceived as overly punitive.

Summary

House Bill 5115 addresses the issue of election fraud by significantly increasing the penalties associated with related offenses. The bill modifies existing provisions in the Election Code, specifically targeting actions that could manipulate a voter’s ability to cast a ballot legitimately or that misrepresent the voting process. Notably, certain actions that were previously classified as misdemeanors are elevated to felonies, particularly if committed by elected officials, underscoring the seriousness with which the legislature treats electoral integrity.

Sentiment

The sentiment surrounding HB 5115 appears to be mixed among lawmakers and the public. Supporters argue that the bill is a necessary step to strengthen electoral integrity and combat fraud, which they believe undermines democracy. Opponents, however, express concern that the increased penalties may disproportionately affect marginalized communities and lead to unjust targeting of individuals or groups based on exaggerated claims of fraud. This divide illustrates contrasting views on how best to secure elections without impinging on voter rights.

Contention

Notable points of contention arise regarding the balance between securing elections and safeguarding voter access. Critics of the bill argue that raising penalties could lead to an environment of fear that intimidates voters, particularly in jurisdictions with a history of aggressive prosecution related to voting. Furthermore, the implications of defining certain actions as felonies have triggered debates on what constitutes legitimate enforcement versus excessive regulation, revealing a fundamental tension between ensuring electoral integrity and preserving the right to vote for all citizens.

Texas Constitutional Statutes Affected

Election Code

  • Chapter 276. Miscellaneous Offenses And Other Provisions
    • Section: 013
    • Section: 014
    • Section: 013
    • Section: 014
    • Section: 013
    • Section: 014
    • Section: 013
    • Section: 014
    • Section: 013
    • Section: New Section
    • Section: 013
    • Section: 014
    • Section: 013
    • Section: New Section

Companion Bills

TX SB2877

Identical Relating to the penalty for the crime of election fraud; increasing a criminal penalty.

TX SB1539

Similar To Relating to requirements and procedures in the contest of an election on a proposed constitutional amendment.

Similar Bills

No similar bills found.