Honorable Jodie Laubenberg, Chair, House Committee on Elections
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB2139 by Schofield (Relating to the creation of the offense of engaging in organized election fraud activity.), As Introduced
The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Election Code to create the offense organized election fraud. Under the provisions of the bill, an individual who commits or conspires to commit an offense under certain titles of the Election Code with the intent to establish, maintain, or participate in a vote harvesting organization would commit organized election fraud. Under the bill, organized election fraud would be punishable at one level higher than the most serious underlying offense committed or conspired to commit, unless the individual meets the standard to show the individual took certain actions to withdraw from the harvesting organization and prevent the underlying offense, in which case the offense would be punishable at its statutory level.
A first degree felony is punishable by confinement in prison for a term from 5 to 99 years. A second degree felony is punishable by confinement in prison for a term from 2 to 20 years. A third degree felony is punishable by confinement in prison for a term from 2 to 10 years. A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years or Class A misdemeanor punishment. In addition to confinement, most felony level offenses are also subject to an optional fee not to exceed $10,000.
Creating an offense and enhancing punishments are expected to result in increased demands upon the correctional resources of counties or of the State due to a potential increase in the number of individuals placed under supervision in the community, incarcerated in state correctional facilities, or placed on parole supervision. In fiscal year 2016, 24 individuals were arrested, fewer than 10 were placed under community supervision, and fewer than 10 were admitted into state correctional institutions for offenses under the applicable titles of the Election Code. This analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant impact on the demand for state correctional resources.