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A BILL TO BE ENTITLED
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AN ACT
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relating to the elements of the offense of illegal voting. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 64.012, Election Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) A person commits an offense if the person: |
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(1) votes or attempts to vote in an election if [in |
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which] the person knows: |
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(A) of particular circumstances that make the |
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person [is] not eligible to vote in the election; and |
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(B) that those circumstances make the person not |
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eligible to vote in the election; |
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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 votes or attempts to vote a ballot |
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belonging to another person, or by impersonating another person; or |
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(4) knowingly marks or attempts to mark any portion of |
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another person's ballot without the consent of that person, or |
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without specific direction from that person how to mark the ballot. |
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(c) It is an exception to the application of Subsection |
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(a)(1) that the person: |
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(1) voted or attempted to vote a provisional ballot in |
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accordance with Section 63.011; and |
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(2) did not knowingly make a false statement on the |
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affidavit executed by the person in accordance with Section 63.011 |
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with intent to deceive. |
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SECTION 2. The change in law made by this Act applies to an |
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offense under Section 64.012(a)(1), Election Code, regardless of |
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whether the offense was committed before, on, or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect on the 91st day after the |
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last day of the legislative session. |