By: Fallon, et al. S.B. No. 1568
(Klick)
A BILL TO BE ENTITLED
AN ACT
relating to organized election fraud activity; imposing a civil
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 276, Election Code, is amended by adding
Section 276.012 to read as follows:
Sec. 276.012. LIABILITY FOR ENGAGING IN ORGANIZED ELECTION
FRAUD ACTIVITY. (a) In this section, "organized election fraud
activity" means an offense under Section 276.011(a).
(b) A person who engages in organized election fraud
activity in connection with an election in this state is liable to
the state for civil penalties in an action by the attorney general
as provided by this section.
(c) In an action under this section, the attorney general
may seek injunctive relief to prevent a violation of Section
276.011(a) from continuing or recurring.
(d) In an action under this section, the attorney general
must establish each element of the action by a preponderance of the
evidence.
(e) It is not a defense under this section that:
(1) a defendant is not criminally responsible for an
offense committed in furtherance of the organized election fraud
activity; or
(2) another alleged participant in the organized
election fraud activity has been acquitted.
(f) In all actions under this section, the state shall be
awarded a civil penalty of $1,000 for each offense committed under
Titles 1 through 7 in the course of committing organized election
fraud activity.
(g) The cause of action created by this section is
cumulative of any other remedy provided by common law or statute.
(h) A person found liable under this section or other law
for any amount of damages arising from organized election fraud
activity is jointly liable with any other defendant for the entire
amount of damages arising from the activity.
(i) A civil action or proceeding under this section against
any person may be brought in the county where any part of the
organized election fraud activity occurred.
SECTION 2. The change in law made by this Act applies only
to an offense committed under Section 276.011(a), Election Code, on
or after the effective date of this Act. An offense committed
before the effective date of this Act is governed by the law in
effect on the date the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section,
an offense was committed before the effective date of this Act if
any element of the offense occurred before that date.
SECTION 3. This Act takes effect September 1, 2019.