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 election fraud.  Under the provisions of the bill, the offense category for election fraud would be increased from a Class A misdemeanor to a state jail felony, and the enhancement of the punishment would be increased from a state jail felony to a third degree felony. Election fraud is currently punishable as a class A misdemeanor or a state jail felony depending upon the specific circumstances of the offense.

A third degree felony is punishable by confinement in prison for a term from 2 to 10 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. A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year and, in addition to confinement, an optional fine not to exceed $4,000.

Increasing the penalty for any offense is expected to result in additional demands on the correctional resources of the counties or of the State due to longer terms of supervision in the community or longer terms of confinement within state correctional institutions.  In fiscal year 2018, fewer than ten persons were arrested, fewer than ten were placed under community supervision, and fewer than ten were admitted to correctional facilities for the offense for which the penalty would be increased under the provisions of the bill. 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.