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A BILL TO BE ENTITLED
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AN ACT
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relating to aid provided to certain voters; providing criminal |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 86.0051, Election Code, is amended by |
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adding Subsections (b-1) and (f) and amending Subsections (c), (d), |
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and (e) to read as follows: |
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(b-1) A person to whom Section 86.006(f)(4) applies may not |
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deposit in the mail or with a common or contract carrier more than |
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10 carrier envelopes containing ballots voted by other persons in |
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an election. This subsection does not apply to a carrier envelope |
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containing a ballot voted by a member of the armed forces of the |
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United States or the spouse or dependent of a member. |
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(c) A person commits an offense if the person knowingly |
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violates Subsection (b) or (b-1) or knowingly directs a person to |
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engage in conduct that violates Subsection (b-1). It is not a |
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defense to an offense under this subsection that the voter |
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voluntarily gave another person possession of the voter's carrier |
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envelope. |
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(d) An offense under this section is a Class A [B] |
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misdemeanor, unless the person is convicted of an offense under |
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Section 64.036 for providing unlawful assistance to the same voter |
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in connection with the same ballot, in which event the offense is a |
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state jail felony. |
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(e) Subsections (a) and (c) do not apply if the person is |
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related to the applicant within the second degree by affinity or the |
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third degree by consanguinity, as determined under Subchapter B, |
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Chapter 573, Government Code[, or is registered to vote at the same
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address as the applicant]. Subsection (c) does not apply to an |
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employee of a state licensed care facility or state-certified |
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facility not subject to state licensure where the voter resides who |
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is working in the normal course of the employee's authorized |
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duties. |
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(f) It is an affirmative defense to prosecution for an |
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offense under this section that the person deposited carrier |
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envelopes containing ballots voted by another person if the voter |
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requested assistance from the person in depositing the envelope and |
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that assistance was provided in the course of the person's normal |
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duties as caretaker of the voter. |
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SECTION 2. Chapter 86, Election Code, is amended by adding |
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Section 86.0052 to read as follows: |
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Sec. 86.0052. COMPENSATION OF ANOTHER FOR COLLECTING |
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BALLOTING MATERIALS PROHIBITED. (a) A person commits an offense if |
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the person compensates another person to engage in conduct |
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prohibited by Section 86.0051(b-1). |
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(b) Except as provided by Subsection (c), an offense under |
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this section is a misdemeanor punishable by: |
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(1) confinement in jail for a term of not more than one |
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year or less than 30 days; or |
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(2) confinement described by Subdivision (1) and a |
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fine not to exceed $4,000. |
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(c) An offense under this section is a state jail felony if |
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it is shown on the trial of an offense under this section that the |
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defendant was previously convicted two or more times under this |
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section. |
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SECTION 3. Section 86.006, Election Code, is amended by |
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amending Subsection (f) and adding Subsection (j) to read as |
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follows: |
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(f) A person commits an offense if the person knowingly |
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possesses an official ballot or official carrier envelope provided |
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under this code to another. Unless the person possessed the ballot |
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or carrier envelope with intent to defraud the voter or the election |
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authority, this subsection does not apply to a person who, on the |
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date of the offense, was: |
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(1) related to the voter within the second degree by |
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affinity or the third degree by consanguinity, as determined under |
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Subchapter B, Chapter 573, Government Code; |
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(2) registered to vote at the same address as the |
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voter; |
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(3) an early voting clerk or a deputy early voting |
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clerk; |
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(4) a person who possesses the carrier envelope in |
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order to deposit the envelope in the mail or with a common or |
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contract carrier and who provides the information required by |
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Section 86.0051(b) in accordance with that section; |
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(5) an employee of the United States Postal Service |
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working in the normal course of the employee's authorized duties; |
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[or] |
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(6) a common or contract carrier working in the normal |
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course of the carrier's authorized duties if the official ballot is |
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sealed in an official carrier envelope that is accompanied by an |
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individual delivery receipt for that particular carrier envelope; |
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or |
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(7) an employee of a state licensed care facility or |
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state-certified facility not subject to state licensure where the |
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voter resides who is working in the normal course of the employee's |
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authorized duties. |
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(j) It is an affirmative defense to prosecution for an |
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offense under Subsection (f) that the person possessed an official |
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ballot or official carrier envelope provided to a voter, other than |
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the person, if the voter requested assistance from the person and |
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that assistance was provided in the course of the person's normal |
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duties as caretaker of the voter. |
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SECTION 4. Section 86.010(h), Election Code, is amended to |
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read as follows: |
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(h) Subsection (f) does not apply if the person is related |
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to the applicant within the second degree by affinity or the third |
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degree by consanguinity, as determined under Subchapter B, Chapter |
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573, Government Code[, or is registered to vote at the same address
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as the applicant]. |
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SECTION 5. Section 86.013(d), Election Code, is amended to |
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read as follows: |
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(d) The following textual material, as prescribed by the |
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secretary of state, must be printed on the reverse side of the |
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official carrier envelope or on a separate sheet accompanying the |
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carrier envelope when it is provided: |
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(1) the prohibition prescribed by Section 86.006(b); |
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(2) the conditions for delivery by common or contract |
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carrier prescribed by Sections 81.005 and 86.006; |
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(3) the requirements for the legal execution and |
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delivery of the carrier envelope, including the limitation on |
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depositing carrier envelopes containing ballots voted by other |
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persons prescribed by Section 86.0051(b-1); |
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(4) the prohibition prescribed by Section 86.006(e); |
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and |
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(5) the offenses prescribed by Sections 86.006(f) and |
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86.010(f). |
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SECTION 6. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 7. This Act takes effect September 1, 2013. |
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