Texas 2021 - 87th Regular

Texas House Bill HB3297 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	87R10241 ADM-D
1	2		By: Allison H.B. No. 3297
2		-	Substitute the following for H.B. No. 3297:
3		-	By: Cain C.S.H.B. No. 3297
4	3
5	4
6	5		A BILL TO BE ENTITLED
7	6		AN ACT
8		-	relating to election integrity and the prevention of fraud in the
9		-	conduct of an election; creating criminal offenses; increasing a
10		-	criminal penalty.
	7	+	relating to conduct constituting the criminal offense of election
	8	+	fraud; increasing a criminal penalty.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12		-	SECTION 1. Section 13.007, Election Code, is amended by
13		-	amending Subsections (a), (b) and (c) to read as follows:
14		-	(a) A person commits an offense if the person:
15		-	(1) knowingly makes a false statement; or
16		-	(2) requests, commands, coerces, or attempts to induce
17		-	another person to make a false statement on a registration
18		-	application.
19		-	(b) An offense under this section is a Class B misdemeanor.
	10	+	SECTION 1. Sections 13.007(b) and (c), Election Code, are
	11	+	amended to read as follows:
	12	+	(b) An offense under this section is a felony of the second
	13	+	degree [Class B misdemeanor].
20	14		(c) If conduct that constitutes an offense under this
21	15		section also constitutes an offense under another law, the actor
22		-	may be prosecuted under this section, the other law, or both [For
	16	+	may be prosecuted under this section, the other law, or both. [For
23	17		purposes of this code, an offense under this section is considered
24		-	to be perjury, but may be prosecuted only under this section].
	18	+	to be perjury, but may be prosecuted only under this section.]
25	19		SECTION 2. Section 64.012, Election Code, is amended by
26		-	amending Subsection (a) and adding Subsection (c) to read as
27		-	follows:
28		-	(a) A person commits an offense if the person:
29		-	(1) votes or attempts to vote in an election in which
30		-	the person knows the person is not eligible to vote;
31		-	(2) knowingly votes or attempts to vote more than once
32		-	in an election;
33		-	(3) knowingly votes or attempts to vote a ballot
34		-	belonging to another person, or by impersonating another person;
35		-	[or]
36		-	(4) knowingly marks or attempts to mark any portion of
37		-	another person 's ballot without the consent of that person, or
38		-	without specific direction from that person how to mark the ballot;
39		-	or
40		-	(5) knowingly votes or attempts to vote in an election
41		-	in this state after voting in another state in an election in which
42		-	a federal office appears on the ballot and the election day for both
43		-	states is the same day.
	20	+	adding Subsection (c) to read as follows:
44	21		(c) If conduct that constitutes an offense under this
45	22		section also constitutes an offense under another law, the actor
46	23		may be prosecuted under this section, the other law, or both.
47	24		SECTION 3. Sections 276.013(a) and (b), Election Code, are
48	25		amended to read as follows:
49	26		(a) A person commits an offense if the person knowingly or
50	27		intentionally makes any effort to:
51	28		(1) influence the independent exercise of the vote of
52		-	another in the presence of the ballot or during the voting process;
	29	+	another in the presence of the ballot or during the voting process,
	30	+	including by altering the ballot or otherwise causing the ballot
	31	+	not to reflect the intent of the voter;
53	32		(2) cause a voter to become registered, a ballot to be
54		-	obtained, or a vote to be cast under false pretenses;
55		-	(3) cause any false or intentionally misleading
	33	+	obtained, or a vote to be cast under false pretenses; [or]
	34	+	(3) cause a ballot to be voted for another person that
	35	+	the person knows to be deceased, or otherwise knows not to be a
	36	+	qualified or registered voter;
	37	+	(4) vote more than once in an election;
	38	+	(5) cause any false or intentionally misleading
56	39		statement, representation, or information to be provided:
57	40		(A) to an election official; or
58		-	(B) on an application for ballot by mail, carrier
59		-	envelope, or any other official election-related form or document;
60		-	(4) causes the ballot not to reflect the intent of the
61		-	voter;
62		-	(5) count invalid votes or alter a report to include
63		-	invalid votes;
64		-	(6) fail to count valid votes or alter a report to
65		-	exclude valid votes;
66		-	(7) cause a ballot to be voted for another person that
67		-	the person knows to be deceased, or otherwise knows not to be a
68		-	qualified or registered voter;
69		-	(8) vote more than once in the same election; or
70		-	(9) discard or destroy a voter's completed ballot
71		-	without the voter's consent.
72		-	(b) An offense under this section is a Class A misdemeanor:
73		-	(1) except that an offense under this section is a
74		-	state jail felony if the person committed the offense while acting
75		-	in their capacity as an election official; or
76		-	(2) unless the person is convicted of an attempt. In
77		-	that case, the offense is a Class B misdemeanor.
78		-	SECTION 4. Chapter 276, Election Code, is amended by adding
79		-	Section 276.018 to read as follows:
80		-	Sec. 276.018. PERJURY IN CONNECTION WITH CERTAIN ELECTION
81		-	PROCEDURES. (a) A person commits an offense if, with the intent to
82		-	deceive, the person makes a false statement or swears to the truth
83		-	of a false statement:
84		-	(1) on a registration application; or
85		-	(2) previously made while taking an oath, or making a
86		-	declaration or affidavit prescribed by this code.
87		-	(b) An offense under this section is a state jail felony.
88		-	SECTION 5. The change in law made by this Act applies only
	41	+	(B) on an application for voter registration or
	42	+	for ballot by mail, a carrier envelope, or any other official
	43	+	election-related form or document;
	44	+	(6) discard or destroy another voter's completed
	45	+	ballot without the voter's consent; or
	46	+	(7) in the person's capacity as an election officer,
	47	+	cause:
	48	+	(A) a valid vote not to be counted; or
	49	+	(B) an invalid vote to be counted.
	50	+	(b) An offense under this section is a felony of the second
	51	+	degree [Class A misdemeanor].
	52	+	SECTION 4. The change in law made by this Act applies only
89	53		to an offense committed on or after the effective date of this Act.
90	54		An offense committed before the effective date of this Act is
91	55		governed by the law in effect on the date the offense was committed,
92	56		and the former law is continued in effect for that purpose. For
93	57		purposes of this section, an offense was committed before the
94	58		effective date of this Act if any element of the offense occurred
95	59		before that date.
96		-	SECTION 6. This Act takes effect September 1, 2021.
	60	+	SECTION 5. This Act takes effect September 1, 2021.