Texas 2011 - 82nd Regular

Texas House Bill HB1038

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to prohibited deceptive or disenfranchising practices regarding an election; providing criminal penalties.

Impact

The legislative changes brought about by HB 1038 will have significant implications on how elections are conducted in Texas. By explicitly prohibiting deceptive practices, the bill aims to enhance voter confidence and ensure a fair electoral process. The requirement for election officers to adhere to stringent rules when accepting or denying voters will potentially mitigate instances of voter disenfranchisement, providing legal recourse for individuals who experience such violations. Moreover, the bill outlines a structured reporting mechanism to ensure accountability and transparency in the election process.

Summary

House Bill 1038 aims to address and prohibit deceptive or disenfranchising practices regarding elections in Texas. This legislation introduces several amendments to the Election Code, including defining unlawful actions by election officers that prevent eligible voters from exercising their right to vote. Notably, the bill establishes criminal penalties for those who engage in behaviors that could mislead voters about their eligibility or the election process, categorizing violations with varying degrees of severity, including state jail felonies for more egregious offenses.

Sentiment

The sentiment surrounding HB 1038 appears to be generally supportive among both legislators and civil rights advocates, who view it as a proactive measure to safeguard voting rights. However, there are concerns from some quarters about the potential for government overreach in determining appropriate election practices. Supporters argue that this legislation is essential for protecting the integrity of the electoral system, while opponents express worry about the enforcement of the penalties and the implications these may have on local election administration.

Contention

The passage of HB 1038 is expected to foster debates surrounding voter access versus election security. Some critics are concerned that the criminalization of certain election-related actions may lead to unintended consequences, potentially deterring election officials from making judicious decisions during the electoral process. There is notable contention on how this bill intersects with existing laws governing election administration, as well as how it will be enforced across different jurisdictions in Texas, raising questions about uniformity in practices and potential disparities in voter treatment.

Companion Bills

TX SB212

Identical Relating to prohibited deceptive or disenfranchising practices regarding an election; providing criminal penalties.

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