| 1 | 1 | | By: Hefner H.B. No. 4480 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the prevention of fraud in the conduct of elections; |
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| 7 | 7 | | providing a civil penalty; creating a civil cause of action. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | ARTICLE 1. ELECTION CONTESTS |
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| 10 | 10 | | SECTION 1.01. Chapter 232, Election Code, is amended by |
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| 11 | 11 | | adding Subchapter C to read as follows: |
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| 12 | 12 | | SUBCHAPTER C. CONTEST INVOLVING ALLEGED FRAUD |
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| 13 | 13 | | Sec. 232.061. PETITION ALLEGING FRAUD. This subchapter |
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| 14 | 14 | | applies to an election contest in which the contestant alleges in |
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| 15 | 15 | | the petition that an opposing candidate, an agent of the opposing |
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| 16 | 16 | | candidate, or a person acting on behalf of the opposing candidate |
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| 17 | 17 | | with the candidate's knowledge committed election fraud under any |
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| 18 | 18 | | of the following sections of this code: |
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| 19 | 19 | | (1) Section 13.007; |
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| 20 | 20 | | (2) Section 64.012; |
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| 21 | 21 | | (3) Section 64.036; |
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| 22 | 22 | | (4) Section 84.003; |
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| 23 | 23 | | (5) Section 84.0041; |
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| 24 | 24 | | (6) Section 86.0051; |
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| 25 | 25 | | (7) Section 86.006; |
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| 26 | 26 | | (8) Section 86.010; or |
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| 27 | 27 | | (9) Section 276.013. |
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| 28 | 28 | | Sec. 232.062. EVIDENTIARY STANDARD. A contestant must |
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| 29 | 29 | | prove an allegation described by Section 232.061 by a preponderance |
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| 30 | 30 | | of the evidence. |
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| 31 | 31 | | Sec. 232.063. CIVIL PENALTY. (a) If the court in its |
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| 32 | 32 | | judgment finds that the contestee, an agent of the contestee, or a |
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| 33 | 33 | | person acting on behalf of the contestee with the contestee's |
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| 34 | 34 | | knowledge committed one or more violations of a section described |
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| 35 | 35 | | by Section 232.061, the contestee is liable to this state for a |
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| 36 | 36 | | civil penalty of $1,000 for each violation. |
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| 37 | 37 | | (b) A penalty collected under this section by the attorney |
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| 38 | 38 | | general shall be deposited in the state treasury to the credit of |
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| 39 | 39 | | the general revenue fund. |
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| 40 | 40 | | Sec. 232.064. ATTORNEY'S FEES. In an election contest to |
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| 41 | 41 | | which this subchapter applies, the court may award reasonable |
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| 42 | 42 | | attorney's fees to the prevailing party. |
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| 43 | 43 | | SECTION 1.02. (a) The changes in law made by this article |
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| 44 | 44 | | apply only to an election contest for which the associated election |
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| 45 | 45 | | occurred after the effective date of this Act. |
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| 46 | 46 | | (b) The changes in law made by this article apply only to an |
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| 47 | 47 | | election ordered on or after the effective date of this Act. An |
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| 48 | 48 | | election ordered before the effective date of this Act is governed |
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| 49 | 49 | | by the law in effect when the election was ordered, and the former |
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| 50 | 50 | | law is continued in effect for that purpose. |
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| 51 | 51 | | ARTICLE 2. EFFECTIVE DATE |
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| 52 | 52 | | SECTION 2.01. This Act takes effect September 1, 2021. |
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