88R10877 PRL-D
By: Middleton S.B. No. 1994
A BILL TO BE ENTITLED
AN ACT
relating to vote harvesting; creating a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 276, Election Code, is amended by adding
Section 276.0151 to read as follows:
Sec. 276.0151. CIVIL LIABILITY FOR UNLAWFUL VOTE
HARVESTING. (a) In this section, "vote harvesting services" has
the meaning assigned by Section 276.015.
(b) A person who commits an offense under Section 276.015 is
liable to any candidate or political party harmed by the vote
harvesting services for damages and penalties that may be awarded
under Subsection (e).
(c) A person is harmed by the vote harvesting services if
the person can demonstrate that:
(1) the person has standing to seek relief; and
(2) the liable party committed an offense under
Section 276.015.
(d) To establish standing under this section, a person is
not required to demonstrate that the vote harvesting services
successfully delivered votes for a specific candidate or measure,
but must demonstrate that:
(1) the vote harvesting services were intended to
deliver votes for a specific candidate or measure; and
(2) the person opposed the candidate or measure in the
person's capacity as a candidate or political party.
(e) A litigant who prevails in an action under Subsection
(c) shall recover from any person who committed the unlawful vote
harvesting services damages in an amount including:
(1) the amount of any compensation paid to or received
by the person in exchange for the vote harvesting services;
(2) the fair market value of any benefit given or
received in exchange for the vote harvesting services;
(3) a penalty in the amount of $35,000; and
(4) reasonable attorney's fees, court costs, witness
fees, and discovery costs.
(f) A litigant who prevails in an action under Subsection
(c) and shows that the number of voters contacted by the vote
harvesting services exceeds the number of votes by which the
litigant lost the election shall recover from the person liable for
the unlawful vote harvesting services punitive damages in an amount
including:
(1) any of the litigant's campaign expenditures
properly filed on a campaign finance report in connection with the
election; and
(2) any fees and expenses incurred by the litigant in
filing and securing a place on the ballot.
(g) A person who commits an offense under Section 276.015
and is found liable under this chapter or other law for any amount
of damages arising from the vote harvesting services is jointly
liable with any other defendant for the entire amount of damages
arising from the vote harvesting services.
(h) The cause of action created by this section is
cumulative to any other remedy provided by common law or statute.
(i) The expedited actions process created by Rule 169, Texas
Rules of Civil Procedure, does not apply to an action under this
section.
(j) Chapter 27, Civil Practice and Remedies Code, does not
apply to a cause of action under this section.
(k) A cause of action under this section may be brought in
the county where any part of the vote harvesting services occurred.
SECTION 2. This Act takes effect September 1, 2023.