By Garcia H.B. No. 2461 75R7725 GGS-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to certain early voting mail ballot procedures; providing 1-3 criminal penalties. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 86, Election Code, is amended by adding 1-6 Section 86.0051 to read as follows: 1-7 Sec. 86.0051. ELECTIONEERING BY CANDIDATE OR CAMPAIGN WORKER 1-8 PROHIBITED. (a) A candidate or campaign worker in the election 1-9 commits an offense if the person electioneers for or against any 1-10 candidate, measure, or political party: 1-11 (1) within 100 feet of an outside door through which a 1-12 voter may enter the voter's residence; and 1-13 (2) while knowing a ballot to be voted by mail is in 1-14 the voter's possession. 1-15 (b) It is an exception to the application of this section 1-16 that the candidate or campaign worker is related to the voter 1-17 within the second degree by affinity or the third degree by 1-18 consanguinity, as determined under Chapter 573, Government Code. 1-19 (c) In this section: 1-20 (1) "Campaign worker" means a person who is employed 1-21 by or volunteers for: 1-22 (A) an election campaign; 1-23 (B) a political party to promote the candidates 1-24 or interests of the party; or 2-1 (C) a political action committee or other 2-2 political organization to promote the candidates or interests of 2-3 the committee or organization. 2-4 (2) "Candidate" means a person who has taken 2-5 affirmative action, as described by the law regulating political 2-6 funds and campaigns, for the purpose of gaining nomination or 2-7 election. 2-8 (d) An offense under this section is a Class A misdemeanor. 2-9 SECTION 2. Chapter 86, Election Code, is amended by adding 2-10 Section 86.0061 to read as follows: 2-11 Sec. 86.0061. COLLECTION BY CANDIDATE OR CAMPAIGN WORKER 2-12 PROHIBITED. (a) A candidate or campaign worker in the election 2-13 commits an offense if the person collects or receives a voter's 2-14 marked ballot voted under this chapter. 2-15 (b) In this section, "candidate" and "campaign worker" have 2-16 the meanings assigned by Section 86.0051. 2-17 (c) It is an exception to the application of this section 2-18 that: 2-19 (1) the conduct of a candidate who is also the early 2-20 voting clerk occurs in connection with the duties and functions of 2-21 the early voting clerk as prescribed by this code; or 2-22 (2) the candidate or campaign worker is related to the 2-23 voter within the second degree by affinity or the third degree by 2-24 consanguinity, as determined under Chapter 573, Government Code. 2-25 (d) A marked ballot that is collected or received in 2-26 violation of this section may not be counted. 2-27 (e) Each marked ballot that is collected or received in 3-1 violation of this section constitutes a separate offense. 3-2 (f) An offense under this section is a Class A misdemeanor. 3-3 SECTION 3. This Act takes effect September 1, 1997. 3-4 SECTION 4. The importance of this legislation and the 3-5 crowded condition of the calendars in both houses create an 3-6 emergency and an imperative public necessity that the 3-7 constitutional rule requiring bills to be read on three several 3-8 days in each house be suspended, and this rule is hereby suspended.