| 1 | 1 | | 89R5828 MPF-D |
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| 2 | 2 | | By: Creighton S.B. No. 2362 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to unlawful solicitation and distribution of a voter |
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| 10 | 10 | | registration application; creating a criminal offense. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 276, Election Code, is amended by adding |
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| 13 | 13 | | Section 276.0175 to read as follows: |
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| 14 | 14 | | Sec. 276.0175. UNLAWFUL SOLICITATION AND DISTRIBUTION OF |
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| 15 | 15 | | VOTER REGISTRATION APPLICATION. (a) A public official or election |
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| 16 | 16 | | official commits an offense if the official, while acting in an |
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| 17 | 17 | | official capacity, knowingly: |
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| 18 | 18 | | (1) solicits the submission of a voter registration |
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| 19 | 19 | | application from a person who did not request an application; |
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| 20 | 20 | | (2) distributes a voter registration application to a |
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| 21 | 21 | | person who did not request the application, except as the |
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| 22 | 22 | | distribution is authorized by Chapter 13, Chapter 20, or another |
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| 23 | 23 | | provision of this code; |
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| 24 | 24 | | (3) authorizes or approves the expenditure of public |
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| 25 | 25 | | funds to facilitate third-party distribution of a voter |
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| 26 | 26 | | registration application to a person who did not request the |
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| 27 | 27 | | application; or |
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| 28 | 28 | | (4) completes any portion of a voter registration |
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| 29 | 29 | | application and distributes the application to an applicant. |
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| 30 | 30 | | (b) Subsection (a)(2) does not apply if the public official |
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| 31 | 31 | | or election official engaged in the conduct described by that |
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| 32 | 32 | | subdivision by providing access to a voter registration application |
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| 33 | 33 | | from a publicly accessible Internet website. |
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| 34 | 34 | | (c) Subsection (a) does not apply if a public official or |
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| 35 | 35 | | election official: |
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| 36 | 36 | | (1) provides general information about applying to |
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| 37 | 37 | | register to vote, the voter registration process, or the timeliness |
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| 38 | 38 | | of applying to register to vote to a person or the public; or |
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| 39 | 39 | | (2) engages in conduct described by Subsection (a) |
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| 40 | 40 | | while acting in the official's capacity as a candidate for public |
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| 41 | 41 | | elective office. |
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| 42 | 42 | | (d) An offense under this section is a state jail felony. |
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| 43 | 43 | | (e) A remedy provided under this section is cumulative, and |
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| 44 | 44 | | does not restrict any other remedies provided by this code or by |
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| 45 | 45 | | law. A violation of this section is subject to injunctive relief or |
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| 46 | 46 | | mandamus as provided by this code. |
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| 47 | 47 | | SECTION 2. This Act takes effect immediately if it receives |
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| 48 | 48 | | a vote of two-thirds of all the members elected to each house, as |
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| 49 | 49 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 50 | 50 | | Act does not receive the vote necessary for immediate effect, this |
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| 51 | 51 | | Act takes effect September 1, 2025. |
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