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R E S O L U T I O N
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WHEREAS, The right to vote is sacred, and the exercise of that |
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right represents a cornerstone of our democracy; and |
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WHEREAS, The offense of illegal voting has long existed in |
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this state, and when first codified, stated that if "any person, |
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knowing himself not to be a qualified voter" nonetheless voted, the |
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person would be subject to a fine; and |
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WHEREAS, The offense has changed over the decades until its |
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eventual recodification in Section 64.012(a)(1), Election Code, |
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which states that a person commits the offense if the person "votes |
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or attempts to vote in an election in which the person knows the |
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person is not eligible to vote"; and |
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WHEREAS, The offense is punishable by incarceration, fine, or |
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both; and |
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WHEREAS, A person's knowledge of the person's own |
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ineligibility has always been an element of the offense; and |
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WHEREAS, It is a fundamental principle of criminal law in |
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this state that persons should only be convicted of an offense when |
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all required elements of the offense are shown to have been |
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satisfied; and |
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WHEREAS, Instances where a person knows that the person is |
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ineligible to vote in an election but nonetheless votes or attempts |
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to vote should be prosecuted; and |
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WHEREAS, Cases of genuine mistake, where the person votes or |
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attempts to vote under the honest belief that the person is eligible |
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to vote, should not establish the required element of knowledge of |
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one's own ineligibility; and |
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WHEREAS, In such cases, the ineligible person's vote should |
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not be allowed, and any vote erroneously cast by an ineligible |
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person should not be counted, but a person should not be criminally |
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incarcerated for making an innocent mistake; now, therefore, be it |
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RESOLVED, That the House of Representatives of the 87th Texas |
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Legislature, 2nd Called Session, hereby strongly believes that no |
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Texan should be prosecuted for the offense of illegal voting if the |
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person voted or attempted to vote based on a mistaken, honest belief |
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that the person was in fact eligible to vote; and, be it further |
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RESOLVED, That the Texas House of Representatives encourages |
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the careful exercise of discretion at all levels of government when |
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investigating and prosecuting cases of alleged illegal voting. |
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Burrows |
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______________________________ |
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Speaker of the House |
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I certify that H.R. No. 123 was adopted by the House on August |
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31, 2021, by the following vote: Yeas 119, Nays 4, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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