| 1 | 1 | | 88R10877 PRL-D |
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| 2 | 2 | | By: Middleton S.B. No. 1994 |
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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 vote harvesting; creating a civil penalty. |
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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. Chapter 276, Election Code, is amended by adding |
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| 10 | 10 | | Section 276.0151 to read as follows: |
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| 11 | 11 | | Sec. 276.0151. CIVIL LIABILITY FOR UNLAWFUL VOTE |
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| 12 | 12 | | HARVESTING. (a) In this section, "vote harvesting services" has |
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| 13 | 13 | | the meaning assigned by Section 276.015. |
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| 14 | 14 | | (b) A person who commits an offense under Section 276.015 is |
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| 15 | 15 | | liable to any candidate or political party harmed by the vote |
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| 16 | 16 | | harvesting services for damages and penalties that may be awarded |
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| 17 | 17 | | under Subsection (e). |
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| 18 | 18 | | (c) A person is harmed by the vote harvesting services if |
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| 19 | 19 | | the person can demonstrate that: |
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| 20 | 20 | | (1) the person has standing to seek relief; and |
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| 21 | 21 | | (2) the liable party committed an offense under |
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| 22 | 22 | | Section 276.015. |
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| 23 | 23 | | (d) To establish standing under this section, a person is |
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| 24 | 24 | | not required to demonstrate that the vote harvesting services |
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| 25 | 25 | | successfully delivered votes for a specific candidate or measure, |
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| 26 | 26 | | but must demonstrate that: |
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| 27 | 27 | | (1) the vote harvesting services were intended to |
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| 28 | 28 | | deliver votes for a specific candidate or measure; and |
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| 29 | 29 | | (2) the person opposed the candidate or measure in the |
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| 30 | 30 | | person's capacity as a candidate or political party. |
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| 31 | 31 | | (e) A litigant who prevails in an action under Subsection |
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| 32 | 32 | | (c) shall recover from any person who committed the unlawful vote |
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| 33 | 33 | | harvesting services damages in an amount including: |
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| 34 | 34 | | (1) the amount of any compensation paid to or received |
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| 35 | 35 | | by the person in exchange for the vote harvesting services; |
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| 36 | 36 | | (2) the fair market value of any benefit given or |
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| 37 | 37 | | received in exchange for the vote harvesting services; |
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| 38 | 38 | | (3) a penalty in the amount of $35,000; and |
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| 39 | 39 | | (4) reasonable attorney's fees, court costs, witness |
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| 40 | 40 | | fees, and discovery costs. |
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| 41 | 41 | | (f) A litigant who prevails in an action under Subsection |
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| 42 | 42 | | (c) and shows that the number of voters contacted by the vote |
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| 43 | 43 | | harvesting services exceeds the number of votes by which the |
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| 44 | 44 | | litigant lost the election shall recover from the person liable for |
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| 45 | 45 | | the unlawful vote harvesting services punitive damages in an amount |
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| 46 | 46 | | including: |
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| 47 | 47 | | (1) any of the litigant's campaign expenditures |
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| 48 | 48 | | properly filed on a campaign finance report in connection with the |
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| 49 | 49 | | election; and |
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| 50 | 50 | | (2) any fees and expenses incurred by the litigant in |
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| 51 | 51 | | filing and securing a place on the ballot. |
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| 52 | 52 | | (g) A person who commits an offense under Section 276.015 |
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| 53 | 53 | | and is found liable under this chapter or other law for any amount |
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| 54 | 54 | | of damages arising from the vote harvesting services is jointly |
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| 55 | 55 | | liable with any other defendant for the entire amount of damages |
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| 56 | 56 | | arising from the vote harvesting services. |
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| 57 | 57 | | (h) The cause of action created by this section is |
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| 58 | 58 | | cumulative to any other remedy provided by common law or statute. |
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| 59 | 59 | | (i) The expedited actions process created by Rule 169, Texas |
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| 60 | 60 | | Rules of Civil Procedure, does not apply to an action under this |
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| 61 | 61 | | section. |
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| 62 | 62 | | (j) Chapter 27, Civil Practice and Remedies Code, does not |
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| 63 | 63 | | apply to a cause of action under this section. |
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| 64 | 64 | | (k) A cause of action under this section may be brought in |
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| 65 | 65 | | the county where any part of the vote harvesting services occurred. |
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| 66 | 66 | | SECTION 2. This Act takes effect September 1, 2023. |
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