Bill Text: TX HB4480 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the prevention of fraud in the conduct of elections; providing a civil penalty; creating a civil cause of action.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-04-29 - Withdrawn from schedule [HB4480 Detail]
Download: Texas-2021-HB4480-Introduced.html
| By: Hefner | H.B. No. 4480 | |
|
|
||
|
|
||
| relating to the prevention of fraud in the conduct of elections; | ||
| providing a civil penalty; creating a civil cause of action. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| ARTICLE 1. ELECTION CONTESTS | ||
| SECTION 1.01. Chapter 232, Election Code, is amended by | ||
| adding Subchapter C to read as follows: | ||
| SUBCHAPTER C. CONTEST INVOLVING ALLEGED FRAUD | ||
| Sec. 232.061. PETITION ALLEGING FRAUD. This subchapter | ||
| applies to an election contest in which the contestant alleges in | ||
| the petition that an opposing candidate, an agent of the opposing | ||
| candidate, or a person acting on behalf of the opposing candidate | ||
| with the candidate's knowledge committed election fraud under any | ||
| of the following sections of this code: | ||
| (1) Section 13.007; | ||
| (2) Section 64.012; | ||
| (3) Section 64.036; | ||
| (4) Section 84.003; | ||
| (5) Section 84.0041; | ||
| (6) Section 86.0051; | ||
| (7) Section 86.006; | ||
| (8) Section 86.010; or | ||
| (9) Section 276.013. | ||
| Sec. 232.062. EVIDENTIARY STANDARD. A contestant must | ||
| prove an allegation described by Section 232.061 by a preponderance | ||
| of the evidence. | ||
| Sec. 232.063. CIVIL PENALTY. (a) If the court in its | ||
| judgment finds that the contestee, an agent of the contestee, or a | ||
| person acting on behalf of the contestee with the contestee's | ||
| knowledge committed one or more violations of a section described | ||
| by Section 232.061, the contestee is liable to this state for a | ||
| civil penalty of $1,000 for each violation. | ||
| (b) A penalty collected under this section by the attorney | ||
| general shall be deposited in the state treasury to the credit of | ||
| the general revenue fund. | ||
| Sec. 232.064. ATTORNEY'S FEES. In an election contest to | ||
| which this subchapter applies, the court may award reasonable | ||
| attorney's fees to the prevailing party. | ||
| SECTION 1.02. (a) The changes in law made by this article | ||
| apply only to an election contest for which the associated election | ||
| occurred after the effective date of this Act. | ||
| (b) The changes in law made by this article apply only to an | ||
| election ordered on or after the effective date of this Act. An | ||
| election ordered before the effective date of this Act is governed | ||
| by the law in effect when the election was ordered, and the former | ||
| law is continued in effect for that purpose. | ||
| ARTICLE 2. EFFECTIVE DATE | ||
| SECTION 2.01. This Act takes effect September 1, 2021. | ||
