| 1 | 1 | | 87S10400 ADM-F |
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| 2 | 2 | | By: Bucy H.B. No. 167 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the elements of the offense of illegal voting. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 64.012, Election Code, is amended by |
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| 10 | 10 | | amending Subsection (a) and adding Subsection (c) to read as |
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| 11 | 11 | | follows: |
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| 12 | 12 | | (a) A person commits an offense if the person: |
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| 13 | 13 | | (1) votes or attempts to vote in an election if [in |
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| 14 | 14 | | which] the person knows: |
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| 15 | 15 | | (A) of particular circumstances that make the |
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| 16 | 16 | | person [is] not eligible to vote in the election; and |
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| 17 | 17 | | (B) that those circumstances make the person not |
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| 18 | 18 | | eligible to vote in the election; |
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| 19 | 19 | | (2) knowingly votes or attempts to vote more than once |
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| 20 | 20 | | in an election; |
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| 21 | 21 | | (3) knowingly votes or attempts to vote a ballot |
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| 22 | 22 | | belonging to another person, or by impersonating another person; or |
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| 23 | 23 | | (4) knowingly marks or attempts to mark any portion of |
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| 24 | 24 | | another person's ballot without the consent of that person, or |
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| 25 | 25 | | without specific direction from that person how to mark the ballot. |
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| 26 | 26 | | (c) It is an exception to the application of Subsection |
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| 27 | 27 | | (a)(1) that the person: |
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| 28 | 28 | | (1) voted or attempted to vote a provisional ballot in |
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| 29 | 29 | | accordance with Section 63.011; and |
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| 30 | 30 | | (2) did not knowingly make a false statement on the |
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| 31 | 31 | | affidavit executed by the person in accordance with Section 63.011 |
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| 32 | 32 | | with intent to deceive. |
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| 33 | 33 | | SECTION 2. The change in law made by this Act applies to an |
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| 34 | 34 | | offense under Section 64.012(a)(1), Election Code, regardless of |
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| 35 | 35 | | whether the offense was committed before, on, or after the |
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| 36 | 36 | | effective date of this Act. |
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| 37 | 37 | | SECTION 3. This Act takes effect on the 91st day after the |
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| 38 | 38 | | last day of the legislative session. |
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