87S10895 SLB-D
By: Allison H.B. No. 280
A BILL TO BE ENTITLED
AN ACT
relating to conduct constituting the criminal offense of election
fraud; increasing a criminal penalty; creating an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13.007, Election Code, is amended to
read as follows:
Sec. 13.007. FALSE STATEMENT ON APPLICATION. (a) A person
commits an offense if the person knowingly or intentionally:
(1) makes a false statement; or
(2) requests, commands, coerces, or attempts to induce
another person to make a false statement on a registration
application.
(b) An offense under this section is a felony of the second
degree [Class B misdemeanor].
(c) If conduct that constitutes an offense under this
section also constitutes an offense under another law, the actor
may be prosecuted under this section, the other law, or both. [For
purposes of this code, an offense under this section is considered
to be perjury, but may be prosecuted only under this section.]
SECTION 2. Section 64.012, Election Code, is amended by
amending Subsections (a) and (b) and adding Subsection (c) to read
as follows:
(a) A person commits an offense if the person knowingly or
intentionally:
(1) votes or attempts to vote in an election in which
the person knows the person is not eligible to vote;
(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;
or
(5) votes or attempts to vote in an election in this
state after voting in another state in an election in which a
federal office appears on the ballot and the election day for both
states is the same day.
(b) An offense under this section is a felony of the second
degree [unless the person is convicted of an attempt. In that case,
the offense is a state jail felony].
(c) 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.
SECTION 3. Sections 276.013(a) and (b), Election Code, are
amended to read as follows:
(a) A person commits an offense if the person knowingly or
intentionally makes any effort to:
(1) influence the independent exercise of the vote of
another in the presence of the ballot or during the voting process;
(2) cause a voter to become registered, a ballot to be
obtained, or a vote to be cast under false pretenses; [or]
(3) cause any false or intentionally misleading
statement, representation, or information to be provided:
(A) to an election official; or
(B) on an application for ballot by mail, carrier
envelope, or any other official election-related form or document;
(4) cause the ballot not to reflect the intent of the
voter;
(5) cause a ballot to be voted for another person that
the person knows to be deceased or otherwise knows not to be a
qualified or registered voter;
(6) cause or enable a vote to be cast more than once in
the same election; or
(7) discard or destroy a voter's completed ballot
without the voter's consent.
(b) An offense under this section is a felony of the second
degree, unless:
(1) the person committed the offense while acting in
the person's capacity as an elected official, in which case the
offense is a state jail felony; or
(2) the person is convicted of an attempt, in which
case the offense is a felony of the third degree [Class A
misdemeanor].
SECTION 4. Chapter 276, Election Code, is amended by adding
Section 276.018 to read as follows:
Sec. 276.018. PERJURY IN CONNECTION WITH CERTAIN ELECTION
PROCEDURES. (a) A person commits an offense if, with the intent to
deceive, the person knowingly or intentionally makes a false
statement or swears to the truth of a false statement:
(1) on a voter registration application; or
(2) previously made while making an oath, declaration,
or affidavit described by this code.
(b) An offense under this section is a felony of the second
degree.
SECTION 5. The changes in law made by this Act apply 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 when 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 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect on the 91st day after the last day of the
legislative session.