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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibited deceptive or disenfranchising practices |
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regarding an election; providing criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 61, Election Code, is |
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amended by adding Section 61.015 to read as follows: |
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Sec. 61.015. UNLAWFULLY RESTRICTING VOTER'S RIGHT TO VOTE. |
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(a) An election officer commits an offense if the officer |
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knowingly: |
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(1) removes the name of an eligible voter from the list |
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of registered voters or the poll list for the precinct; |
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(2) refuses to accept for voting a person whose |
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acceptance is required by this code; or |
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(3) prevents the deposit in the ballot box of a marked |
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and properly folded ballot that was provided at the polling place to |
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the voter who is depositing it or for whom the deposit is attempted. |
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(b) An offense under this section is a state jail felony. |
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SECTION 2. Chapter 61, Election Code, is amended by adding |
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Subchapter C to read as follows: |
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SUBCHAPTER C. DECEPTIVE ELECTION PRACTICES |
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Sec. 61.061. DECEPTIVE ELECTION PRACTICES PROHIBITED. A |
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person may not knowingly deceive another person regarding: |
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(1) the time, place, or manner of conducting an |
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election in this state; or |
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(2) the qualifications for or restrictions governing |
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voter eligibility for an election in this state. |
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Sec. 61.062. CRIMINAL OFFENSE. (a) A person commits an |
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offense if the person violates Section 61.061 with the intent to |
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prevent another person from: |
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(1) voting in an election; or |
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(2) casting a ballot that may legally be counted. |
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(b) An offense under this section is a Class B misdemeanor. |
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Sec. 61.063. REPORT TO SECRETARY OF STATE; ACTION BY |
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SECRETARY. (a) A person may report a suspected violation of |
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Section 61.061 to the secretary of state through the voting rights |
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hotline or otherwise. |
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(b) Not later than 48 hours after receiving the report, the |
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secretary of state shall: |
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(1) refer the matter to the attorney general as |
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provided by Section 31.006 if the secretary determines that there |
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is reasonable cause to suspect that a criminal offense has been |
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committed; and |
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(2) take any action determined necessary to provide |
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correct information to the voters affected by the violation. |
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(c) The secretary of state shall adopt rules regarding the |
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method of taking corrective action under Subsection (b)(2). |
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Sec. 61.064. CIVIL ACTION. The attorney general or a person |
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harmed by a violation of Section 61.061 may bring a civil action for |
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relief against a person who violates that section, including an |
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action seeking a permanent or temporary injunction, restraining |
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order, or other appropriate order. |
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Sec. 61.065. REPORT TO LEGISLATURE. (a) Not later than |
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February 1 of each year, the secretary of state shall submit a |
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report to the legislature regarding the reported violations of |
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Section 61.061 during the preceding calendar year. |
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(b) The report must include: |
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(1) the number of reports of violations received; |
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(2) the number of alleged violations referred to the |
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attorney general; |
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(3) a description of the corrective actions taken |
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under Section 61.063(b)(2); |
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(4) the geographic locations of and populations |
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affected by the alleged violations; and |
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(5) any other information considered appropriate by |
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the secretary of state. |
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(c) The secretary of state may withhold specific |
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information from a report under this section if the secretary |
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determines that the disclosure of that information would unduly |
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interfere with an ongoing investigation. |
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SECTION 3. The heading to Section 63.012, Election Code, is |
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amended to read as follows: |
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Sec. 63.012. UNLAWFULLY ACCEPTING [OR REFUSING TO ACCEPT] |
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VOTER. |
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SECTION 4. Section 63.012(a), Election Code, is amended to |
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read as follows: |
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(a) An election officer commits an offense if the officer |
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knowingly[:
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[(1)] permits an ineligible voter to vote other than |
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as provided by Section 63.011[; or
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[(2) refuses to accept a person for voting whose
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acceptance is required by this code]. |
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SECTION 5. The heading to Section 64.010, Election Code, is |
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amended to read as follows: |
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Sec. 64.010. UNLAWFULLY PERMITTING [OR PREVENTING] DEPOSIT |
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OF BALLOT. |
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SECTION 6. Section 64.010(a), Election Code, is amended to |
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read as follows: |
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(a) An election officer commits an offense if the officer[:
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[(1)] permits a person to deposit in the ballot box a |
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ballot that the officer knows was not provided at the polling place |
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to the voter who is depositing the ballot or for whom the deposit is |
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made[; or
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[(2) prevents the deposit in the ballot box of a marked
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and properly folded ballot that was provided at the polling place to
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the voter who is depositing it or for whom the deposit is
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attempted]. |
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SECTION 7. This Act takes effect September 1, 2011. |