Bill Text: TX HB280 | 2021 | 87th Legislature 1st Special Session | Introduced
Bill Title: Relating to conduct constituting the criminal offense of election fraud; increasing a criminal penalty; creating an offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-07-15 - Filed [HB280 Detail]
Download: Texas-2021-HB280-Introduced.html
| 87S10895 SLB-D | ||
| By: Allison | H.B. No. 280 | |
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| 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 [ |
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| (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. [ |
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| 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) [ |
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| once in an election; | ||
| (3) [ |
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| belonging to another person, or by impersonating another person; | ||
| [ |
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| (4) [ |
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| 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 [ |
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| (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; [ |
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| (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 [ |
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| 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. | ||
