Texas 2025 - 89th Regular

Texas Senate Bill SB2877 Compare Versions

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1-By: Hughes, Creighton S.B. No. 2877
1+By: Hughes S.B. No. 2877
2+ (In the Senate - Filed March 14, 2025; April 7, 2025, read
3+ first time and referred to Committee on State Affairs;
4+ April 22, 2025, reported favorably by the following vote: Yeas 9,
5+ Nays 1; April 22, 2025, sent to printer.)
6+Click here to see the committee vote
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611 A BILL TO BE ENTITLED
712 AN ACT
813 relating to the penalty for the crime of election fraud; increasing
914 a criminal penalty.
1015 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1116 SECTION 1. Sections 276.013(a) and (b), Election Code, are
1217 amended to read as follows:
1318 (a) A person commits an offense if the person knowingly or
1419 intentionally makes any effort to:
1520 (1) influence the independent exercise of the vote of
1621 another in the presence of the ballot or during the voting process,
1722 including by altering the ballot of another or by otherwise causing
1823 a ballot to not reflect the intent of the voter;
1924 (2) cause a voter to become registered, a ballot to be
2025 obtained, or a vote to be cast under false pretenses;
2126 (3) cause any false or intentionally misleading
2227 statement, representation, or information to be provided:
2328 (A) to an election official; or
2429 (B) on an application for ballot by mail, carrier
2530 envelope, or any other official election-related form or document;
2631 (4) prevent a voter from casting a legal ballot in an
2732 election in which the voter is eligible to vote;
2833 (5) provide false information to a voter with the
2934 intent of preventing the voter from voting in an election in which
3035 the voter is eligible to vote;
3136 (6) cause the ballot not to reflect the intent of the
3237 voter;
3338 (7) cause a ballot to be voted for another person that
3439 the person knows to be deceased or otherwise knows not to be a
3540 qualified or registered voter;
3641 (8) cause or enable a vote to be cast more than once in
3742 the same election; [or]
3843 (9) discard or destroy a voter's completed ballot
3944 without the voter's consent;
4045 (10) count votes the person knows are invalid or alter
4146 a report to include votes the person knows are invalid; or
4247 (11) refuse to count votes the person knows are valid
4348 or alter a report to exclude votes the person knows are valid.
4449 (b) An offense under this section is a felony of the second
4550 degree [Class A misdemeanor], unless:
4651 (1) the person committed the offense while acting in
4752 the person's capacity as an elected official, in which case the
4853 offense is a [state jail] felony of the first degree; or
4954 (2) the person is convicted of an attempt, in which
5055 case the offense is a felony of the third degree [Class B
5156 misdemeanor].
5257 SECTION 2. The following provisions of the Election Code
5358 are repealed:
5459 (1) Section 276.013(c); and
5560 (2) Section 276.014.
5661 SECTION 3. The changes in law made by this Act apply only to
5762 an offense committed on or after the effective date of this Act. An
5863 offense committed before the effective date of this Act is governed
5964 by the law in effect when the offense was committed, and the former
6065 law is continued in effect for that purpose. For purposes of this
6166 section, an offense was committed before the effective date of this
6267 Act if any element of the offense occurred before that date.
6368 SECTION 4. This Act takes effect September 1, 2025.
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