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.