Bill Text: TX HB1671 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to vote harvesting; creating a civil penalty.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2023-05-06 - Committee report sent to Calendars [HB1671 Detail]
Download: Texas-2023-HB1671-Comm_Sub.html
| 88R6799 MLH-F | ||
| By: Jetton, et al. | H.B. No. 1671 | |
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| 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 harmed by the vote harvesting services for | ||
| damages and penalties that may be awarded under Subsection (d). | ||
| (c) A person is harmed by the vote harvesting services if | ||
| the person can demonstrate that: | ||
| (1) the person was a candidate for office; | ||
| (2) the liable party committed an offense under | ||
| Section 276.015; and | ||
| (3) another candidate seeking the same office as the | ||
| person received a vote attributable to the offense, regardless of | ||
| whether the other candidate knowingly participated in the vote | ||
| harvesting services. | ||
| (d) 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 $25,000; and | ||
| (4) reasonable attorney's fees, court costs, witness | ||
| fees, and deposition fees. | ||
| (e) 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. | ||
| (f) 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. | ||
| (g) The cause of action created by this section is | ||
| cumulative to any other remedy provided by common law or statute. | ||
| (h) The expedited actions process created by Rule 169, Texas | ||
| Rules of Civil Procedure, does not apply to an action under this | ||
| section. | ||
| (i) Chapter 27, Civil Practice and Remedies Code, does not | ||
| apply to a cause of action under this section. | ||
| (j) 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. | ||
