87R15525 MLH-F
By: Jetton, et al. H.B. No. 4331
Substitute the following for H.B. No. 4331:
By: Jetton C.S.H.B. No. 4331
A BILL TO BE ENTITLED
AN ACT
relating to vote harvesting; creating an offense; creating a civil
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 276, Election Code, is amended by adding
Sections 276.014 and 276.015 to read as follows:
Sec. 276.014. PAID VOTE HARVESTING. (a) In this section
and Section 276.015, "vote harvesting services" means direct
interaction with one or more voters in connection with an official
ballot, a ballot voted by mail, or an application for ballot by
mail, intended to deliver votes for a specific candidate or
measure.
(b) A person commits an offense if the person, directly or
through a third party, knowingly provides or offers to provide the
vote harvesting services in exchange for compensation or other
benefit, including benefits to a party whose welfare is of interest
to the person.
(c) A person commits an offense if the person, directly or
through a third party, knowingly provides or offers to provide
compensation or other benefit to a person, or to another party whose
welfare is of interest to the person, in exchange for the vote
harvesting services.
(d) A person commits an offense if the person knowingly
collects or possesses a ballot voted by mail or official carrier
envelope from a voter in connection with the vote harvesting
services.
(e) This section does not apply to acts promoting a
candidate or measure that do not involve direct interaction with:
(1) an application for ballot by mail, in the presence
of the voter; or
(2) a voter's official ballot, ballot voted by mail, or
carrier envelope.
(f) In this section, compensation in exchange for the vote
harvesting services is inferred if a person who performed the vote
harvesting services for a candidate or campaign solicits, receives,
or is offered compensation from the candidate or campaign, directly
or through a third party, for services other than the vote
harvesting services provided.
(g) An offense under this section is a felony of the third
degree.
(h) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section, the other law, or both.
Sec. 276.015. CIVIL LIABILITY FOR UNLAWFUL VOTE HARVESTING.
(a) A person who commits an offense under Section 276.014 is liable
to any candidate harmed by the vote harvesting services for damages
and penalties that may be awarded under Subsection (c).
(b) A person is harmed by the vote harvesting services if
the person can demonstrate that:
(1) the person was a candidate for office;
(2) the liable party committed an offense under
Section 276.014; and
(3) another candidate seeking the same office as the
person received a vote attributable to the offense, regardless of
whether the other candidate knowingly participated in the vote
harvesting services.
(c) A litigant who prevails in an action under Subsection
(b) shall recover from any person who committed the unlawful vote
harvesting services damages in an amount including:
(1) the amount of any compensation paid to or received
by the person in exchange for the vote harvesting services;
(2) the fair market value of any benefit given or
received in exchange for the vote harvesting services;
(3) a penalty in the amount of $25,000; and
(4) reasonable attorney's fees, court costs, witness
fees, and deposition fees.
(d) A litigant who prevails in an action under Subsection
(b) and shows that the number of voters contacted by the vote
harvesting services exceeds the number of votes by which the
litigant lost the election shall recover from the person liable for
the unlawful vote harvesting services punitive damages in an amount
including:
(1) any of the litigant's campaign expenditures
properly filed on a campaign finance report in connection with the
election; and
(2) any fees and expenses incurred by the litigant in
filing and securing a place on the ballot.
(e) A person who commits an offense under Section 276.014
and is found liable under this chapter or other law for any amount
of damages arising from the vote harvesting services is jointly
liable with any other defendant for the entire amount of damages
arising from the vote harvesting services.
(f) The cause of action created by this section is
cumulative to any other remedy provided by common law or statute.
(g) The expedited actions process created by Rule 169, Texas
Rules of Civil Procedure, does not apply to an action under this
section.
(h) Chapter 27, Civil Practice and Remedies Code, does not
apply to a cause of action under this section.
(i) A cause of action under this section may be brought in
the county where any part of the vote harvesting services occurred.
SECTION 2. This Act takes effect September 1, 2021.