87R10241 ADM-D
By: Allison H.B. No. 3297
A BILL TO BE ENTITLED
AN ACT
relating to conduct constituting the criminal offense of election
fraud; increasing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 13.007(b) and (c), Election Code, are
amended to read as follows:
(b) An offense under this section is a felony of the second
degree [Class B misdemeanor].
(c) If conduct that constitutes an offense under this
section also constitutes an offense under another law, the actor
may be prosecuted under this section, the other law, or both. [For
purposes of this code, an offense under this section is considered
to be perjury, but may be prosecuted only under this section.]
SECTION 2. Section 64.012, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) If conduct that constitutes an offense under this
section also constitutes an offense under another law, the actor
may be prosecuted under this section, the other law, or both.
SECTION 3. Sections 276.013(a) and (b), Election Code, are
amended to read as follows:
(a) A person commits an offense if the person knowingly or
intentionally makes any effort to:
(1) influence the independent exercise of the vote of
another in the presence of the ballot or during the voting process,
including by altering the ballot or otherwise causing the ballot
not to reflect the intent of the voter;
(2) cause a voter to become registered, a ballot to be
obtained, or a vote to be cast under false pretenses; [or]
(3) cause a ballot to be voted for another person that
the person knows to be deceased, or otherwise knows not to be a
qualified or registered voter;
(4) vote more than once in an election;
(5) cause any false or intentionally misleading
statement, representation, or information to be provided:
(A) to an election official; or
(B) on an application for voter registration or
for ballot by mail, a carrier envelope, or any other official
election-related form or document;
(6) discard or destroy another voter's completed
ballot without the voter's consent; or
(7) in the person's capacity as an election officer,
cause:
(A) a valid vote not to be counted; or
(B) an invalid vote to be counted.
(b) An offense under this section is a felony of the second
degree [Class A misdemeanor].
SECTION 4. The change in law made by this Act applies only
to an offense committed 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 5. This Act takes effect September 1, 2021.