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A BILL TO BE ENTITLED
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AN ACT
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relating to the prevention of fraud in the conduct of elections; |
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providing a civil penalty; creating a civil cause of action. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. ELECTION CONTESTS |
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SECTION 1.01. Chapter 232, Election Code, is amended by |
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adding Subchapter C to read as follows: |
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SUBCHAPTER C. CONTEST INVOLVING ALLEGED FRAUD |
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Sec. 232.061. PETITION ALLEGING FRAUD. This subchapter |
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applies to an election contest in which the contestant alleges in |
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the petition that an opposing candidate, an agent of the opposing |
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candidate, or a person acting on behalf of the opposing candidate |
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with the candidate's knowledge committed election fraud under any |
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of the following sections of this code: |
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(1) Section 13.007; |
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(2) Section 64.012; |
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(3) Section 64.036; |
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(4) Section 84.003; |
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(5) Section 84.0041; |
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(6) Section 86.0051; |
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(7) Section 86.006; |
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(8) Section 86.010; or |
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(9) Section 276.013. |
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Sec. 232.062. EVIDENTIARY STANDARD. A contestant must |
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prove an allegation described by Section 232.061 by a preponderance |
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of the evidence. |
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Sec. 232.063. CIVIL PENALTY. (a) If the court in its |
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judgment finds that the contestee, an agent of the contestee, or a |
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person acting on behalf of the contestee with the contestee's |
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knowledge committed one or more violations of a section described |
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by Section 232.061, the contestee is liable to this state for a |
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civil penalty of $1,000 for each violation. |
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(b) A penalty collected under this section by the attorney |
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general shall be deposited in the state treasury to the credit of |
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the general revenue fund. |
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Sec. 232.064. ATTORNEY'S FEES. In an election contest to |
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which this subchapter applies, the court may award reasonable |
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attorney's fees to the prevailing party. |
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SECTION 1.02. (a) The changes in law made by this article |
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apply only to an election contest for which the associated election |
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occurred after the effective date of this Act. |
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(b) The changes in law made by this article apply only to an |
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election ordered on or after the effective date of this Act. An |
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election ordered before the effective date of this Act is governed |
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by the law in effect when the election was ordered, and the former |
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law is continued in effect for that purpose. |
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ARTICLE 2. EFFECTIVE DATE |
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SECTION 2.01. This Act takes effect September 1, 2021. |