| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to prohibited deceptive or disenfranchising practices |
|
|
regarding an election; providing criminal penalties. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter A, Chapter 61, Election Code, is |
|
|
amended by adding Section 61.013 to read as follows: |
|
|
Sec. 61.013. UNLAWFULLY RESTRICTING VOTER'S RIGHT TO VOTE. |
|
|
(a) An election officer commits an offense if the officer |
|
|
knowingly: |
|
|
(1) removes the name of an eligible voter from the list |
|
|
of registered voters or the poll list for the precinct; |
|
|
(2) refuses to accept for voting a person whose |
|
|
acceptance is required by this code; or |
|
|
(3) prevents the deposit in the ballot box of a marked |
|
|
and properly folded ballot that was provided at the polling place to |
|
|
the voter who is depositing it or for whom the deposit is attempted. |
|
|
(b) An offense under this section is a state jail felony. |
|
|
SECTION 2. Chapter 61, Election Code, is amended by adding |
|
|
Subchapter C to read as follows: |
|
|
SUBCHAPTER C. DECEPTIVE ELECTION PRACTICES |
|
|
Sec. 61.061. DECEPTIVE ELECTION PRACTICES PROHIBITED. A |
|
|
person may not knowingly deceive another person regarding: |
|
|
(1) the time, place, or manner of conducting an |
|
|
election in this state; or |
|
|
(2) the qualifications for or restrictions governing |
|
|
voter eligibility for an election in this state. |
|
|
Sec. 61.062. CRIMINAL OFFENSE. (a) A person commits an |
|
|
offense if the person violates Section 61.061 with the intent to |
|
|
prevent another person from: |
|
|
(1) voting in an election; or |
|
|
(2) casting a ballot that may legally be counted. |
|
|
(b) An offense under this section is a Class B misdemeanor. |
|
|
Sec. 61.063. REPORT TO SECRETARY OF STATE; ACTION BY |
|
|
SECRETARY. (a) A person may report a suspected violation of |
|
|
Section 61.061 to the secretary of state through the voting rights |
|
|
hotline or otherwise. |
|
|
(b) Not later than 48 hours after receiving the report, the |
|
|
secretary of state shall: |
|
|
(1) refer the matter to the attorney general as |
|
|
provided by Section 31.006 if the secretary determines that there |
|
|
is reasonable cause to suspect that a criminal offense has been |
|
|
committed; and |
|
|
(2) take any action determined necessary to provide |
|
|
correct information to the voters affected by the violation. |
|
|
(c) The secretary of state shall adopt rules regarding the |
|
|
method of taking corrective action under Subsection (b)(2). |
|
|
Sec. 61.064. CIVIL ACTION. The attorney general or a person |
|
|
harmed by a violation of Section 61.061 may bring a civil action for |
|
|
relief against a person who violates that section, including an |
|
|
action seeking a permanent or temporary injunction, restraining |
|
|
order, or other appropriate order. |
|
|
Sec. 61.065. REPORT TO LEGISLATURE. (a) Not later than |
|
|
February 1 of each year, the secretary of state shall submit a |
|
|
report to the legislature regarding the reported violations of |
|
|
Section 61.061 during the preceding calendar year. |
|
|
(b) The report must include: |
|
|
(1) the number of reports of violations received; |
|
|
(2) the number of alleged violations referred to the |
|
|
attorney general; |
|
|
(3) a description of the corrective actions taken |
|
|
under Section 61.063(b)(2); |
|
|
(4) the geographic locations of and populations |
|
|
affected by the alleged violations; and |
|
|
(5) any other information considered appropriate by |
|
|
the secretary of state. |
|
|
(c) The secretary of state may withhold specific |
|
|
information from a report under this section if the secretary |
|
|
determines that the disclosure of that information would unduly |
|
|
interfere with an ongoing investigation. |
|
|
SECTION 3. The heading to Section 63.012, Election Code, is |
|
|
amended to read as follows: |
|
|
Sec. 63.012. UNLAWFULLY ACCEPTING [OR REFUSING TO ACCEPT] |
|
|
VOTER. |
|
|
SECTION 4. Section 63.012(a), Election Code, is amended to |
|
|
read as follows: |
|
|
(a) An election officer commits an offense if the officer |
|
|
knowingly[:
|
|
|
[(1)] permits an ineligible voter to vote other than |
|
|
as provided by Section 63.011[; or
|
|
|
[(2) refuses to accept a person for voting whose
|
|
|
acceptance is required by this code]. |
|
|
SECTION 5. The heading to Section 64.010, Election Code, is |
|
|
amended to read as follows: |
|
|
Sec. 64.010. UNLAWFULLY PERMITTING [OR PREVENTING] DEPOSIT |
|
|
OF BALLOT. |
|
|
SECTION 6. Section 64.010(a), Election Code, is amended to |
|
|
read as follows: |
|
|
(a) An election officer commits an offense if the officer[:
|
|
|
[(1)] permits a person to deposit in the ballot box a |
|
|
ballot that the officer knows was not provided at the polling place |
|
|
to the voter who is depositing the ballot or for whom the deposit is |
|
|
made[; or
|
|
|
[(2) prevents the deposit in the ballot box of a marked
|
|
|
and properly folded ballot that was provided at the polling place to
|
|
|
the voter who is depositing it or for whom the deposit is
|
|
|
attempted]. |
|
|
SECTION 7. This Act takes effect September 1, 2007. |