| 1 | 1 | | 88R6799 MLH-F |
|---|
| 2 | 2 | | By: Jetton, et al. H.B. No. 1671 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to vote harvesting; creating a civil penalty. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Chapter 276, Election Code, is amended by adding |
|---|
| 10 | 10 | | Section 276.0151 to read as follows: |
|---|
| 11 | 11 | | Sec. 276.0151. CIVIL LIABILITY FOR UNLAWFUL VOTE |
|---|
| 12 | 12 | | HARVESTING. (a) In this section, "vote harvesting services" has |
|---|
| 13 | 13 | | the meaning assigned by Section 276.015. |
|---|
| 14 | 14 | | (b) A person who commits an offense under Section 276.015 is |
|---|
| 15 | 15 | | liable to any candidate harmed by the vote harvesting services for |
|---|
| 16 | 16 | | damages and penalties that may be awarded under Subsection (d). |
|---|
| 17 | 17 | | (c) A person is harmed by the vote harvesting services if |
|---|
| 18 | 18 | | the person can demonstrate that: |
|---|
| 19 | 19 | | (1) the person was a candidate for office; |
|---|
| 20 | 20 | | (2) the liable party committed an offense under |
|---|
| 21 | 21 | | Section 276.015; and |
|---|
| 22 | 22 | | (3) another candidate seeking the same office as the |
|---|
| 23 | 23 | | person received a vote attributable to the offense, regardless of |
|---|
| 24 | 24 | | whether the other candidate knowingly participated in the vote |
|---|
| 25 | 25 | | harvesting services. |
|---|
| 26 | 26 | | (d) A litigant who prevails in an action under Subsection |
|---|
| 27 | 27 | | (c) shall recover from any person who committed the unlawful vote |
|---|
| 28 | 28 | | harvesting services damages in an amount including: |
|---|
| 29 | 29 | | (1) the amount of any compensation paid to or received |
|---|
| 30 | 30 | | by the person in exchange for the vote harvesting services; |
|---|
| 31 | 31 | | (2) the fair market value of any benefit given or |
|---|
| 32 | 32 | | received in exchange for the vote harvesting services; |
|---|
| 33 | 33 | | (3) a penalty in the amount of $25,000; and |
|---|
| 34 | 34 | | (4) reasonable attorney's fees, court costs, witness |
|---|
| 35 | 35 | | fees, and deposition fees. |
|---|
| 36 | 36 | | (e) A litigant who prevails in an action under Subsection |
|---|
| 37 | 37 | | (c) and shows that the number of voters contacted by the vote |
|---|
| 38 | 38 | | harvesting services exceeds the number of votes by which the |
|---|
| 39 | 39 | | litigant lost the election shall recover from the person liable for |
|---|
| 40 | 40 | | the unlawful vote harvesting services punitive damages in an amount |
|---|
| 41 | 41 | | including: |
|---|
| 42 | 42 | | (1) any of the litigant's campaign expenditures |
|---|
| 43 | 43 | | properly filed on a campaign finance report in connection with the |
|---|
| 44 | 44 | | election; and |
|---|
| 45 | 45 | | (2) any fees and expenses incurred by the litigant in |
|---|
| 46 | 46 | | filing and securing a place on the ballot. |
|---|
| 47 | 47 | | (f) A person who commits an offense under Section 276.015 |
|---|
| 48 | 48 | | and is found liable under this chapter or other law for any amount |
|---|
| 49 | 49 | | of damages arising from the vote harvesting services is jointly |
|---|
| 50 | 50 | | liable with any other defendant for the entire amount of damages |
|---|
| 51 | 51 | | arising from the vote harvesting services. |
|---|
| 52 | 52 | | (g) The cause of action created by this section is |
|---|
| 53 | 53 | | cumulative to any other remedy provided by common law or statute. |
|---|
| 54 | 54 | | (h) The expedited actions process created by Rule 169, Texas |
|---|
| 55 | 55 | | Rules of Civil Procedure, does not apply to an action under this |
|---|
| 56 | 56 | | section. |
|---|
| 57 | 57 | | (i) Chapter 27, Civil Practice and Remedies Code, does not |
|---|
| 58 | 58 | | apply to a cause of action under this section. |
|---|
| 59 | 59 | | (j) A cause of action under this section may be brought in |
|---|
| 60 | 60 | | the county where any part of the vote harvesting services occurred. |
|---|
| 61 | 61 | | SECTION 2. This Act takes effect September 1, 2023. |
|---|