Texas 2009 - 81st Regular

Texas Senate Bill SB139 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R173 ATP-D
2	2	By: Ellis S.B. No. 139
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibited deceptive or disenfranchising practices
8	8	regarding an election; providing criminal penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 61, Election Code, is
11	11	amended by adding Section 61.015 to read as follows:
12	12	Sec. 61.015. UNLAWFULLY RESTRICTING VOTER'S RIGHT TO VOTE.
13	13	(a) An election officer commits an offense if the officer
14	14	knowingly:
15	15	(1) removes the name of an eligible voter from the list
16	16	of registered voters or the poll list for the precinct;
17	17	(2) refuses to accept for voting a person whose
18	18	acceptance is required by this code; or
19	19	(3) prevents the deposit in the ballot box of a marked
20	20	and properly folded ballot that was provided at the polling place to
21	21	the voter who is depositing it or for whom the deposit is attempted.
22	22	(b) An offense under this section is a state jail felony.
23	23	SECTION 2. Chapter 61, Election Code, is amended by adding
24	24	Subchapter C to read as follows:
25	25	SUBCHAPTER C. DECEPTIVE ELECTION PRACTICES
26	26	Sec. 61.061. DECEPTIVE ELECTION PRACTICES PROHIBITED. A
27	27	person may not knowingly deceive another person regarding:
28	28	(1) the time, place, or manner of conducting an
29	29	election in this state; or
30	30	(2) the qualifications for or restrictions governing
31	31	voter eligibility for an election in this state.
32	32	Sec. 61.062. CRIMINAL OFFENSE. (a) A person commits an
33	33	offense if the person violates Section 61.061 with the intent to
34	34	prevent another person from:
35	35	(1) voting in an election; or
36	36	(2) casting a ballot that may legally be counted.
37	37	(b) An offense under this section is a Class B misdemeanor.
38	38	Sec. 61.063. REPORT TO SECRETARY OF STATE; ACTION BY
39	39	SECRETARY. (a) A person may report a suspected violation of
40	40	Section 61.061 to the secretary of state through the voting rights
41	41	hotline or otherwise.
42	42	(b) Not later than 48 hours after receiving the report, the
43	43	secretary of state shall:
44	44	(1) refer the matter to the attorney general as
45	45	provided by Section 31.006 if the secretary determines that there
46	46	is reasonable cause to suspect that a criminal offense has been
47	47	committed; and
48	48	(2) take any action determined necessary to provide
49	49	correct information to the voters affected by the violation.
50	50	(c) The secretary of state shall adopt rules regarding the
51	51	method of taking corrective action under Subsection (b)(2).
52	52	Sec. 61.064. CIVIL ACTION. The attorney general or a person
53	53	harmed by a violation of Section 61.061 may bring a civil action for
54	54	relief against a person who violates that section, including an
55	55	action seeking a permanent or temporary injunction, restraining
56	56	order, or other appropriate order.
57	57	Sec. 61.065. REPORT TO LEGISLATURE. (a) Not later than
58	58	February 1 of each year, the secretary of state shall submit a
59	59	report to the legislature regarding the reported violations of
60	60	Section 61.061 during the preceding calendar year.
61	61	(b) The report must include:
62	62	(1) the number of reports of violations received;
63	63	(2) the number of alleged violations referred to the
64	64	attorney general;
65	65	(3) a description of the corrective actions taken
66	66	under Section 61.063(b)(2);
67	67	(4) the geographic locations of and populations
68	68	affected by the alleged violations; and
69	69	(5) any other information considered appropriate by
70	70	the secretary of state.
71	71	(c) The secretary of state may withhold specific
72	72	information from a report under this section if the secretary
73	73	determines that the disclosure of that information would unduly
74	74	interfere with an ongoing investigation.
75	75	SECTION 3. The heading to Section 63.012, Election Code, is
76	76	amended to read as follows:
77	77	Sec. 63.012. UNLAWFULLY ACCEPTING [OR REFUSING TO ACCEPT]
78	78	VOTER.
79	79	SECTION 4. Section 63.012(a), Election Code, is amended to
80	80	read as follows:
81	81	(a) An election officer commits an offense if the officer
82	82	knowingly[:
83	83	[(1)] permits an ineligible voter to vote other than
84	84	as provided by Section 63.011[; or
85	85	[(2) refuses to accept a person for voting whose
86	86	acceptance is required by this code].
87	87	SECTION 5. The heading to Section 64.010, Election Code, is
88	88	amended to read as follows:
89	89	Sec. 64.010. UNLAWFULLY PERMITTING [OR PREVENTING] DEPOSIT
90	90	OF BALLOT.
91	91	SECTION 6. Section 64.010(a), Election Code, is amended to
92	92	read as follows:
93	93	(a) An election officer commits an offense if the officer[:
94	94	[(1)] permits a person to deposit in the ballot box a
95	95	ballot that the officer knows was not provided at the polling place
96	96	to the voter who is depositing the ballot or for whom the deposit is
97	97	made[; or
98	98	[(2) prevents the deposit in the ballot box of a marked
99	99	and properly folded ballot that was provided at the polling place to
100	100	the voter who is depositing it or for whom the deposit is
101	101	attempted].
102	102	SECTION 7. This Act takes effect September 1, 2009.