TO: | Honorable Stephanie Klick, Chair, House Committee on Elections |
FROM: | John McGeady, Assistant Director Sarah Keyton, Assistant Director Legislative Budget Board |
IN RE: | HB377 by Lang (Relating to requiring a voter to be affiliated with a political party to vote in that party's primary election or otherwise participate in that party's affairs; creating a criminal offense.), As Introduced |
The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Election Code as it relates to qualifications and registration for voting, and to the conduct of elections. Under the provisions of the bill, knowingly voting in an election of a party with which the actor is not affiliated would be punishable as a second degree felony, and knowingly attempting to do so would be punishable as a state jail felony.
A second degree felony is punishable by confinement in prison for a term from 2 to 20 years and, in addition to confinement, an optional fine not to exceed $10,000. A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years and, in addition to confinement, an optional fine not to exceed $10,000 or Class A misdemeanor punishment.
Expanding the list of behaviors for which a penalty can be applied is expected to result in additional demands upon the correctional resources of the counties and of the state due to more people being placed on supervision in the community and admitted into state correctional institutions. In fiscal year 2018, fewer than 10 people were arrested, placed under felony community supervision, or admitted into state correctional institutions for the offense of unlawful participation in party affairs. This analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant impact on state correctional populations or the demand for state correctional resources.
Source Agencies: |
LBB Staff: | WP, LM, DGi
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