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A BILL TO BE ENTITLED
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AN ACT
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relating to investigation and prosecution of certain election |
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offenses; creating a criminal offense; increasing 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 1.013, Election Code, is amended to read |
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as follows: |
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Sec. 1.013. DESTRUCTION OF RECORDS. (a) After expiration of |
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the prescribed period for preserving voted ballots, election |
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returns, other election records, or other records that are |
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preserved under this code, the records may be destroyed or |
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otherwise disposed of unless, at the expiration of the preservation |
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period, an election contest or a criminal investigation or |
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proceeding in connection with an election to which the records |
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pertain is pending. In that case, the records shall be preserved |
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until the contest, investigation, or proceeding is completed and |
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the judgment, if any, becomes final. If a preservation request has |
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been issued by a law enforcement agency, the custodian of records |
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may not destroy the records before receiving written permission |
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from that law enforcement agency. |
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(b) A person commits an offense if a person intentionally |
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destroys or causes the destruction of election records required to |
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be preserved under Subsection (a). |
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(c) Except as provided by Subsection (d), an offense under |
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Subsection (b) is a Class B misdemeanor. |
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(d) An offense under Subsection (b) in which a person |
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destroys or causes destruction of records subject to a preservation |
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request from a law enforcement agency is a state jail felony. |
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SECTION 2. Section 1.018, Election Code, is amended to read |
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as follows: |
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Sec. 1.018. APPLICABILITY OF PENAL CODE. Titles 1 through 4 |
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[In addition to Section 1.03, Penal Code, and to other titles of the
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Penal Code that may apply to this code, Title 4], Penal Code, apply |
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[applies] to offenses prescribed by this code. |
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SECTION 3. The heading to Section 13.007, Election Code, is |
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amended to read as follows: |
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Sec. 13.007. FALSE STATEMENT ON REGISTRATION APPLICATION. |
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SECTION 4. Sections 13.007(a) and (b), Election Code, are |
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amended to read as follows: |
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(a) A person commits an offense if the person knowingly |
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makes a false statement or requests, commands, or attempts to |
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induce another person to make a false statement or causes a false |
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statement to be made on a registration application. |
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(b) An offense under this section is a state jail felony |
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[Class B misdemeanor]. |
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SECTION 5. Subchapter A, Chapter 13, Election Code, is |
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amended by adding Section 13.009 to read as follows: |
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Sec. 13.009. MISUSE OF VOTER REGISTRATION INFORMATION. (a) |
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A person commits an offense if the person copies or otherwise |
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records voter information obtained from a registration |
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application, including two or more of the following pieces of |
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information belonging to a voter: |
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(1) an address; |
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(2) a phone number; |
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(3) a date of birth; or |
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(4) any part of a: |
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(A) social security number; or |
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(B) driver's license number. |
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(b) A person commits an offense if the person knowingly |
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possesses, sells, offers to sell, buys, or offers to buy voter |
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information copied from an application described by Subsection (a). |
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(c) This section does not apply to an employee of a |
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registrar or other governmental agency who copies, records, or |
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possesses the information for official administrative or law |
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enforcement purposes. |
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(d) An offense under this section is a state jail felony. |
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SECTION 6. Section 15.028(a), Election Code, is amended to |
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read as follows: |
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(a) If the registrar determines that a person who is not an |
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eligible [a registered] voter voted in an election, or determines |
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that voter registration fraud or voting fraud may have occurred in |
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an election, the registrar shall execute and deliver to the |
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attorney general, the secretary of state, and the county or |
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district attorney having jurisdiction in the territory covered by |
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the election an affidavit stating the relevant facts. Unless |
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otherwise instructed by the attorney general and the county or |
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district attorney, the registrar shall preserve any election |
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records applicable to the offense for at least six months after the |
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date required by Section 66.058. |
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SECTION 7. Section 18.068(a), Election Code, is amended to |
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read as follows: |
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(a) The secretary of state shall quarterly compare the |
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information received under Section 16.001 of this code and Section |
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62.113, Government Code, to the statewide computerized voter |
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registration list. If the secretary determines that a voter on the |
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registration list is deceased or has been excused or disqualified |
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from jury service because the voter is not a citizen, the secretary |
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shall send notice of the determination to the voter registrar of the |
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counties considered appropriate by the secretary and to the |
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attorney general. |
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SECTION 8. Section 64.012, Election Code, is amended to |
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read as follows: |
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Sec. 64.012. ILLEGAL VOTING. (a) A person commits an |
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offense if the person: |
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(1) votes or attempts to vote in an election in which |
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the person knows the person is not eligible to vote; |
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(2) knowingly votes or attempts to vote more than once |
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in an election; |
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(3) knowingly [impersonates another person and] votes |
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or attempts to vote a ballot belonging to another person, or by |
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impersonating another [as the impersonated] person; or |
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(4) knowingly marks or attempts to mark another |
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person's ballot without the consent of that person, or without |
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specific direction from that person how to mark the ballot. |
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(b) An offense under this section is a felony of the third |
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[second] degree unless the person is convicted of an attempt. In |
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that case, the offense is a state jail felony. |
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(c) It is sufficient for the purposes of Subsection (a)(1) |
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to establish that the person had knowledge of the person's |
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ineligibility to vote if the person was aware of the facts or |
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circumstances causing the person's ineligibility under this code. |
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(d) It is not a defense to prosecution that the ballot was |
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not finally counted. |
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(e) An offense under this section is increased to the next |
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higher category of offense if it is shown on the trial of an offense |
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under this section that: |
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(1) the defendant was previously convicted of an |
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offense under this code; |
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(2) if the defendant is being charged as a party to the |
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offense, the offense involves a voter 65 years of age or older; or |
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(3) the defendant committed another offense under this |
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section in the same election. |
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SECTION 9. Section 66.058(a), Election Code, is amended to |
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read as follows: |
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(a) Except as otherwise provided by this code, the precinct |
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election records shall be preserved by the authority to whom they |
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are distributed: |
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(1) in an election involving a federal office, for at |
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least 22 months after election day in accordance with federal law; |
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or |
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(2) in an election not involving a federal office, for |
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at least 12 [six] months after election day. |
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SECTION 10. Section 162.014(b), Election Code, is amended |
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to read as follows: |
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(b) An offense under this section is a Class A [Class C] |
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misdemeanor. |
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SECTION 11. Section 231.008, Election Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) The clerk shall deliver a copy of the judgment and any |
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findings of fact or conclusions of law to the attorney general, and |
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upon request from the attorney general, shall deliver copies of any |
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portion of the record for use in a criminal investigation. |
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SECTION 12. Section 273.001(e), Election Code, is amended |
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to read as follows: |
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(e) Not later than the 30th day after the date on which a |
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peace officer or county or district attorney receives a complaint |
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of an offense under this code punishable as a Class B misdemeanor or |
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higher [begins an investigation under this section], the officer or |
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county or district attorney shall deliver notice of the complaint |
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[investigation] to the secretary of state and the attorney general. |
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The notice must include a copy of the complaint, a statement on |
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whether [that] a criminal investigation is being conducted, and the |
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date on which the election that is the subject of the complaint |
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[investigation] was held. The secretary of state may disclose |
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information relating to a criminal investigation received under |
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this subsection only if the county or district attorney or the |
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attorney general has disclosed the information or would be required |
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by law to disclose the information. |
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SECTION 13. Subchapter B, Chapter 273, Election Code, is |
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amended by adding Section 273.025 to read as follows: |
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Sec. 273.025. LIMITATIONS. An indictment or information |
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for an offense under this code must be presented not later than five |
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years after the date of the commission of the offense. |
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SECTION 14. Chapter 276, Election Code, is amended by |
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adding Sections 276.002 and 276.011 to read as follows: |
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Sec. 276.002. OBSTRUCTION OF ELECTION INVESTIGATION OR |
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PROCEEDING. (a) A person commits an offense if the person, with |
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intent to influence a witness or prospective witness in an |
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investigation or proceeding brought under this code: |
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(1) offers a benefit to, intimidates, harms, or |
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threatens to harm a witness or prospective witness; |
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(2) instructs or encourages a witness or prospective |
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witness to give a false statement or testimony or withhold or make |
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unavailable any testimony, information, or evidence; or |
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(3) instructs or encourages a witness or prospective |
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witness: |
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(A) to elude legal process summoning the witness |
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to testify or supply evidence; or |
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(B) to be absent from a legal proceeding to which |
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the witness has been legally summoned. |
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(b) An offense under this section is a felony of the second |
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degree. |
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Sec. 276.011. ELECTION FRAUD. (a) A person commits an |
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offense if the person knowingly or intentionally makes any effort |
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to: |
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(1) influence the independent exercise of the vote of |
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another in the presence of the ballot or during the voting process; |
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(2) cause a voter registration application, ballot, or |
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vote to be obtained or cast under false pretenses; |
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(3) cause any false or intentionally misleading |
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statement, representation, or information to be provided: |
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(A) to an election official; or |
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(B) on an election-related: |
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(i) form; |
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(ii) petition; |
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(iii) statement; |
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(iv) oath; |
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(v) affirmation; or |
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(vi) official document; or |
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(4) subvert the election process in order to obtain a |
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benefit or to benefit another person, candidate, or political |
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party. |
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(b) An offense under this section is a Class A misdemeanor. |
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(c) An offense under this section is increased to the next |
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higher category of offense if it is shown on the trial of the |
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offense that: |
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(1) the defendant was previously convicted of an |
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offense under this code; |
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(2) the offense involved a voter 65 years of age or |
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older; or |
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(3) the defendant committed another offense under this |
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section in the same election. |
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(d) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted under this section, the other law, or both. |
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SECTION 15. Sections 13.007(c) and 15.028(b), Election |
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Code, are repealed. |
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SECTION 16. The changes in law made by this Act apply only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 17. This Act takes effect September 1, 2017. |