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A BILL TO BE ENTITLED
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AN ACT
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relating to vote harvesting; creating an offense; creating a civil |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 276, Election Code, is amended by adding |
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Sections 276.014 and 276.015 to read as follows: |
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Sec. 276.014. PAID VOTE HARVESTING. (a) In this section |
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and Section 276.015, "vote harvesting services" means direct |
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interaction with one or more voters in connection with an official |
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ballot, a ballot voted by mail, or an application for ballot by |
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mail, intended to deliver votes for a specific candidate or |
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measure. |
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(b) A person commits an offense if the person, directly or |
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through a third party, knowingly provides or offers to provide the |
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vote harvesting services in exchange for compensation or other |
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benefit, including benefits to a party whose welfare is of interest |
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to the person. |
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(c) A person commits an offense if the person, directly or |
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through a third party, knowingly provides or offers to provide |
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compensation or other benefit to a person, or to another party whose |
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welfare is of interest to the person, in exchange for the vote |
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harvesting services. |
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(d) A person commits an offense if the person knowingly |
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collects or possesses a ballot voted by mail or official carrier |
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envelope from a voter in connection with the vote harvesting |
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services. |
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(e) This section does not apply to acts promoting a |
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candidate or measure that do not involve direct interaction with: |
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(1) an application for ballot by mail, in the presence |
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of the voter; or |
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(2) a voter's official ballot, ballot voted by mail, or |
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carrier envelope. |
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(f) In this section, compensation in exchange for the vote |
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harvesting services is inferred if a person who performed the vote |
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harvesting services for a candidate or campaign solicits, receives, |
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or is offered compensation from the candidate or campaign, directly |
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or through a third party, for services other than the vote |
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harvesting services provided. |
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(g) An offense under this section is a felony of the third |
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degree. |
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(h) 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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Sec. 276.015. CIVIL LIABILITY FOR UNLAWFUL VOTE HARVESTING. |
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(a) A person who commits an offense under Section 276.014 is liable |
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to any candidate harmed by the vote harvesting services for damages |
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and penalties that may be awarded under Subsection (c). |
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(b) A person is harmed by the vote harvesting services if |
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the person can demonstrate that: |
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(1) the person was a candidate for office; |
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(2) the liable party committed an offense under |
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Section 276.014; and |
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(3) another candidate seeking the same office as the |
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person received a vote attributable to the offense, regardless of |
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whether the other candidate knowingly participated in the vote |
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harvesting services. |
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(c) A litigant who prevails in an action under Subsection |
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(b) shall recover from any person who committed the unlawful vote |
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harvesting services damages in an amount including: |
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(1) the amount of any compensation paid to or received |
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by the person in exchange for the vote harvesting services; |
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(2) the fair market value of any benefit given or |
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received in exchange for the vote harvesting services; |
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(3) a penalty in the amount of $25,000; and |
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(4) reasonable attorney's fees, court costs, witness |
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fees, and deposition fees. |
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(d) A litigant who prevails in an action under Subsection |
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(b) and shows that the number of voters contacted by the vote |
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harvesting services exceeds the number of votes by which the |
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litigant lost the election shall recover from the person liable for |
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the unlawful vote harvesting services punitive damages in an amount |
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including: |
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(1) any of the litigant's campaign expenditures |
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properly filed on a campaign finance report in connection with the |
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election; and |
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(2) any fees and expenses incurred by the litigant in |
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filing and securing a place on the ballot. |
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(e) A person who commits an offense under Section 276.014 |
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and is found liable under this chapter or other law for any amount |
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of damages arising from the vote harvesting services is jointly |
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liable with any other defendant for the entire amount of damages |
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arising from the vote harvesting services. |
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(f) The cause of action created by this section is |
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cumulative to any other remedy provided by common law or statute. |
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(g) The expedited actions process created by Rule 169, Texas |
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Rules of Civil Procedure, does not apply to an action under this |
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section. |
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(h) Chapter 27, Civil Practice and Remedies Code, does not |
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apply to a cause of action under this section. |
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(i) A cause of action under this section may be brought in |
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the county where any part of the vote harvesting services occurred. |
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SECTION 2. This Act takes effect September 1, 2021. |