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