87R11743 ADM-D
By: Crockett H.B. No. 3719
A BILL TO BE ENTITLED
AN ACT
relating to the elements of the offense of illegal voting and to
procedures for a person voting a provisional ballot.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 63.011, Election Code, is amended by
adding Subsection (a-2) to read as follows:
(a-2) Before an election officer provides a person with an
affidavit to be executed under this section, the election officer
shall orally inform the person of each requirement to be eligible to
register as a voter in this state under Section 13.001.
SECTION 2. Section 64.012, Election Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) A person commits an offense if the person:
(1) votes or attempts to vote in an election if [in
which] the person knows:
(A) of particular circumstances that make the
person [is] not eligible to vote in the election; and
(B) that those circumstances make the person not
eligible to vote in the election;
(2) knowingly votes or attempts to vote more than once
in an election;
(3) knowingly votes or attempts to vote a ballot
belonging to another person, or by impersonating another person; or
(4) knowingly marks or attempts to mark any portion of
another person's ballot without the consent of that person, or
without specific direction from that person how to mark the ballot.
(c) It is an exception to the application of Subsection
(a)(1) that the person:
(1) voted or attempted to vote a provisional ballot in
accordance with Section 63.011; and
(2) did not receive the information required by
Section 63.011(a-2).
SECTION 3. 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 4. This Act takes effect September 1, 2021.