Bill Text: TX HB3297 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to election integrity and the prevention of fraud in the conduct of an election; creating criminal offenses; increasing a criminal penalty.
Spectrum: Partisan Bill (Republican 9-0)
Status: (Introduced - Dead) 2021-04-29 - Committee report sent to Calendars [HB3297 Detail]
Download: Texas-2021-HB3297-Introduced.html
Bill Title: Relating to election integrity and the prevention of fraud in the conduct of an election; creating criminal offenses; increasing a criminal penalty.
Spectrum: Partisan Bill (Republican 9-0)
Status: (Introduced - Dead) 2021-04-29 - Committee report sent to Calendars [HB3297 Detail]
Download: Texas-2021-HB3297-Introduced.html
87R10241 ADM-D | ||
By: Allison | H.B. No. 3297 |
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relating to conduct constituting the criminal offense of election | ||
fraud; increasing a criminal penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 13.007(b) and (c), Election Code, are | ||
amended to read as follows: | ||
(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 | ||
adding Subsection (c) to read as follows: | ||
(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. | ||
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, | ||
including by altering the ballot or otherwise causing the ballot | ||
not to reflect the intent of the voter; | ||
(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 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; | ||
(4) vote more than once in an election; | ||
(5) cause any false or intentionally misleading | ||
statement, representation, or information to be provided: | ||
(A) to an election official; or | ||
(B) on an application for voter registration or | ||
for ballot by mail, a carrier envelope, or any other official | ||
election-related form or document; | ||
(6) discard or destroy another voter's completed | ||
ballot without the voter's consent; or | ||
(7) in the person's capacity as an election officer, | ||
cause: | ||
(A) a valid vote not to be counted; or | ||
(B) an invalid vote to be counted. | ||
(b) An offense under this section is a felony of the second | ||
degree [ |
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SECTION 4. The change in law made by this Act applies 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 on the date 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 5. This Act takes effect September 1, 2021. |