Texas House Bill HB138

Texas 2021 - 87th 3rd C.S.

Caption

Relating to increasing the criminal penalty for committing certain offenses relating to elections.

Impact

The changes introduced by HB 138 are designed to strengthen the integrity of Texas elections by imposing more severe penalties for election-related crimes. Supporters argue that the increased penalties will serve as a deterrent against voter fraud and other illicit actions that undermine the electoral process. This bill specifically targets offenses committed directly by individuals acting in their capacities as elected officials, acknowledging the higher standard of conduct expected from those in public office.

Summary

House Bill 138 aims to increase the criminal penalties associated with specific offenses related to elections in Texas. The modifications would heighten the classification of certain electoral offenses, affecting those found guilty of illegal activities during elections. Notably, the bill amends Section 64.012(b) of the Election Code to reclassify offenses from a Class A misdemeanor to a second-degree felony, thereby implementing stricter repercussions for violations, particularly when associated with an individual's conduct as an elected official.

Contention

There are potential concerns regarding how HB 138 may impact individuals facing charges under the new classifications, especially with regard to the level of punishment assigned to various election-related offenses. Critics may argue that the bill could disproportionately affect certain groups and that the heightened penalties may not necessarily correlate with improved election integrity. Moreover, there is an ongoing debate about the effectiveness of increased criminal penalties as a means to address electoral misconduct, with some stakeholders advocating for reforms that focus on improved electoral processes rather than punitive measures alone.