82R1222 ATP-D
By: Reynolds H.B. No. 1038
A BILL TO BE ENTITLED
AN ACT
relating to prohibited deceptive or disenfranchising practices
regarding an election; providing criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 61, Election Code, is
amended by adding Section 61.015 to read as follows:
Sec. 61.015. UNLAWFULLY RESTRICTING VOTER'S RIGHT TO VOTE.
(a) An election officer commits an offense if the officer
knowingly:
(1) removes the name of an eligible voter from the list
of registered voters or the poll list for the precinct;
(2) refuses to accept for voting a person whose
acceptance is required by this code; or
(3) prevents the deposit in the ballot box of a marked
and properly folded ballot that was provided at the polling place to
the voter who is depositing it or for whom the deposit is attempted.
(b) An offense under this section is a state jail felony.
SECTION 2. Chapter 61, Election Code, is amended by adding
Subchapter C to read as follows:
SUBCHAPTER C. DECEPTIVE ELECTION PRACTICES
Sec. 61.061. DECEPTIVE ELECTION PRACTICES PROHIBITED. A
person may not knowingly deceive another person regarding:
(1) the time, place, or manner of conducting an
election in this state; or
(2) the qualifications for or restrictions governing
voter eligibility for an election in this state.
Sec. 61.062. CRIMINAL OFFENSE. (a) A person commits an
offense if the person violates Section 61.061 with the intent to
prevent another person from:
(1) voting in an election; or
(2) casting a ballot that may legally be counted.
(b) An offense under this section is a Class B misdemeanor.
Sec. 61.063. REPORT TO SECRETARY OF STATE; ACTION BY
SECRETARY. (a) A person may report a suspected violation of
Section 61.061 to the secretary of state through the voting rights
hotline or otherwise.
(b) Not later than 48 hours after receiving the report, the
secretary of state shall:
(1) refer the matter to the attorney general as
provided by Section 31.006 if the secretary determines that there
is reasonable cause to suspect that a criminal offense has been
committed; and
(2) take any action determined necessary to provide
correct information to the voters affected by the violation.
(c) The secretary of state shall adopt rules regarding the
method of taking corrective action under Subsection (b)(2).
Sec. 61.064. CIVIL ACTION. The attorney general or a person
harmed by a violation of Section 61.061 may bring a civil action for
relief against a person who violates that section, including an
action seeking a permanent or temporary injunction, restraining
order, or other appropriate order.
Sec. 61.065. REPORT TO LEGISLATURE. (a) Not later than
February 1 of each year, the secretary of state shall submit a
report to the legislature regarding the reported violations of
Section 61.061 during the preceding calendar year.
(b) The report must include:
(1) the number of reports of violations received;
(2) the number of alleged violations referred to the
attorney general;
(3) a description of the corrective actions taken
under Section 61.063(b)(2);
(4) the geographic locations of and populations
affected by the alleged violations; and
(5) any other information considered appropriate by
the secretary of state.
(c) The secretary of state may withhold specific
information from a report under this section if the secretary
determines that the disclosure of that information would unduly
interfere with an ongoing investigation.
SECTION 3. The heading to Section 63.012, Election Code, is
amended to read as follows:
Sec. 63.012. UNLAWFULLY ACCEPTING [OR REFUSING TO ACCEPT]
VOTER.
SECTION 4. Section 63.012(a), Election Code, is amended to
read as follows:
(a) An election officer commits an offense if the officer
knowingly[:
[(1)] permits an ineligible voter to vote other than
as provided by Section 63.011[; or
[(2) refuses to accept a person for voting whose
acceptance is required by this code].
SECTION 5. The heading to Section 64.010, Election Code, is
amended to read as follows:
Sec. 64.010. UNLAWFULLY PERMITTING [OR PREVENTING] DEPOSIT
OF BALLOT.
SECTION 6. Section 64.010(a), Election Code, is amended to
read as follows:
(a) An election officer commits an offense if the officer[:
[(1)] permits a person to deposit in the ballot box a
ballot that the officer knows was not provided at the polling place
to the voter who is depositing the ballot or for whom the deposit is
made[; or
[(2) prevents the deposit in the ballot box of a marked
and properly folded ballot that was provided at the polling place to
the voter who is depositing it or for whom the deposit is
attempted].
SECTION 7. This Act takes effect September 1, 2011.