Bill Text: TX HB280 | 2021 | 87th Legislature 1st Special Session | Introduced

Texas House Bill 280 (Prior Session Legislation)

Introduced

Bill Title: Relating to conduct constituting the criminal offense of election fraud; increasing a criminal penalty; creating an offense.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2021-07-15 - Filed [HB280 Detail]

Download: Texas-2021-HB280-Introduced.html

	87S10895 SLB-D

	By: Allison	H.B. No. 280



	A BILL TO BE ENTITLED
	AN ACT
	relating to conduct constituting the criminal offense of election
	fraud; increasing a criminal penalty; creating an offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 13.007, Election Code, is amended to
	read as follows:
	Sec. 13.007. FALSE STATEMENT ON APPLICATION. (a) A person
	commits an offense if the person knowingly or intentionally:
	(1) makes a false statement; or
	(2) requests, commands, coerces, or attempts to induce
	another person to make a false statement on a registration
	application.
	(b) An offense under this section is a felony of the second
	degree [~~Class B misdemeanor~~].
	(c) If conduct that constitutes an offense under this
	section also constitutes an offense under another law, the actor
	may be prosecuted under this section, the other law, or both. [~~For~~
	~~purposes of this code, an offense under this section is considered~~
	~~to be perjury, but may be prosecuted only under this section.~~]
	SECTION 2. Section 64.012, Election Code, is amended by
	amending Subsections (a) and (b) and adding Subsection (c) to read
	as follows:
	(a) A person commits an offense if the person knowingly or
	intentionally:
	(1) votes or attempts to vote in an election in which
	the person knows the person is not eligible to vote;
	(2) [~~knowingly~~] votes or attempts to vote more than
	once in an election;
	(3) [~~knowingly~~] votes or attempts to vote a ballot
	belonging to another person, or by impersonating another person;
	[or]
	(4) [~~knowingly~~] marks or attempts to mark any portion
	of another person's ballot without the consent of that person, or
	without specific direction from that person how to mark the ballot;
	or
	(5) votes or attempts to vote in an election in this
	state after voting in another state in an election in which a
	federal office appears on the ballot and the election day for both
	states is the same day.
	(b) An offense under this section is a felony of the second
	degree [~~unless the person is convicted of an attempt. In that case,~~
	~~the offense is a state jail felony~~].
	(c) If conduct that constitutes an offense under this
	section also constitutes an offense under any other law, the actor
	may be prosecuted under this section, the other law, or both.
	SECTION 3. Sections 276.013(a) and (b), Election Code, are
	amended to read as follows:
	(a) A person commits an offense if the person knowingly or
	intentionally makes any effort to:
	(1) influence the independent exercise of the vote of
	another in the presence of the ballot or during the voting process;
	(2) cause a voter to become registered, a ballot to be
	obtained, or a vote to be cast under false pretenses; [or]
	(3) cause any false or intentionally misleading
	statement, representation, or information to be provided:
	(A) to an election official; or
	(B) on an application for ballot by mail, carrier
	envelope, or any other official election-related form or document;
	(4) cause the ballot not to reflect the intent of the
	voter;
	(5) cause a ballot to be voted for another person that
	the person knows to be deceased or otherwise knows not to be a
	qualified or registered voter;
	(6) cause or enable a vote to be cast more than once in
	the same election; or
	(7) discard or destroy a voter's completed ballot
	without the voter's consent.
	(b) An offense under this section is a felony of the second
	degree, unless:
	(1) the person committed the offense while acting in
	the person's capacity as an elected official, in which case the
	offense is a state jail felony; or
	(2) the person is convicted of an attempt, in which
	case the offense is a felony of the third degree [~~Class A~~
	~~misdemeanor~~].
	SECTION 4. Chapter 276, Election Code, is amended by adding
	Section 276.018 to read as follows:
	Sec. 276.018. PERJURY IN CONNECTION WITH CERTAIN ELECTION
	PROCEDURES. (a) A person commits an offense if, with the intent to
	deceive, the person knowingly or intentionally makes a false
	statement or swears to the truth of a false statement:
	(1) on a voter registration application; or
	(2) previously made while making an oath, declaration,
	or affidavit described by this code.
	(b) An offense under this section is a felony of the second
	degree.
	SECTION 5. The changes in law made by this Act apply only to
	an offense committed on or after the effective date of this Act. An
	offense committed before the effective date of this Act is governed
	by the law in effect when the offense was committed, and the former
	law is continued in effect for that purpose. For purposes of this
	section, an offense was committed before the effective date of this
	Act if any element of the offense occurred before that date.
	SECTION 6. This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect on the 91st day after the last day of the
	legislative session.