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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. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 13.007(b) and (c), Election Code, are |
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amended to read as follows: |
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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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adding Subsection (c) to read as follows: |
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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. |
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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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including by altering the ballot or otherwise causing the ballot |
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not to reflect the intent of the voter; |
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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 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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(4) vote more than once in an election; |
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(5) 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 voter registration or |
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for ballot by mail, a carrier envelope, or any other official |
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election-related form or document; |
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(6) discard or destroy another voter's completed |
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ballot without the voter's consent; or |
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(7) in the person's capacity as an election officer, |
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cause: |
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(A) a valid vote not to be counted; or |
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(B) an invalid vote to be counted. |
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(b) An offense under this section is a felony of the second |
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degree [Class A misdemeanor]. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2021. |