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Amend CSSB 9 (senate committee printing) in ARTICLE 1 of the bill by adding the following appropriately numbered SECTIONS and renumbering subsequent SECTIONS of ARTICLE 1 accordingly:
SECTION 1.___. Subchapter A, Chapter 64, Election Code, is amended by adding Section 64.0101 to read as follows:
Sec. 64.0101. UNLAWFULLY TAKING BALLOT. (a) A person commits an offense if the person takes from a voter without the voter's permission a ballot that was provided at the polling place to the voter.
(b) An offense under this section is a Class B misdemeanor, unless the person is serving as a watcher under Subchapter A, Chapter 33, at the time of the offense, in which case it is a Class A misdemeanor.
(c) It is a defense to prosecution under this section that the person was an election officer performing an official duty at the time the person took the ballot.
SECTION 1.___. Section 276.001, Election Code, is amended by amending Subsection (b) and adding Subsection (c) to read as follows:
(b) Except as provided by Subsection (c), an [An] offense under this section is a felony of the third degree.
(c) An offense under Subsection (a)(1) is a felony of the second degree if the person is serving as a watcher under Subchapter A, Chapter 33, at the time of the offense.