Amend CSSB 1 (senate committee printing) as follows:
(1) In SECTION 6.03, adding Section 276.016, Election Code, strike Subsections (c), (d), and (e) (page 18, lines 5 through 28) and substitute the following:
(c) A party who prevails in an action under this section may recover damages in an amount including any or all of:
(1) the amount of compensation paid to or received by a party in exchange for vote harvesting services;
(2) the fair market value of any benefit given or received in exchange for vote harvesting services; or
(3) a penalty in the amount of $35,000.
(d) A party who is a candidate for office who prevails in an action under this section and shows that the number of voters contacted by the vote harvesting activity exceeds the number of votes by which the party lost the election shall recover additional damages in an amount equal to the amount of liability attributed to the defendant under Subsection (c).
(e) If an action under this section is brought by a candidate for office, the period for commencing the action begins on the day after the date the election is certified and ends on the 90th day after the later of that date or the date election records are made publicly available under Section 1.012. If an action under this section is brought by a political party, the period for commencing the action begins on the day after the last day a candidate may bring an action and ends on the 90th day after that date. If an action under this section is brought by a candidate for office, a political party may not bring an action under this section for the same instance of vote harvesting activity.
(2) Strike SECTION 7.05 of the bill (page 20, lines 4 through 34) and renumber subsequent SECTIONS of Article 7 accordingly.
(3) Add the following appropriately numbered SECTIONS to Article 7 of the bill and renumber subsequent SECTIONS of Article 7 accordingly:
SECTION 7.___. The heading to Title 14, Election Code, is amended to read as follows:
TITLE 14. ELECTION CONTESTS AND OTHER ELECTION LAWSUITS
SECTION 7.___. Title 14, Election Code, is amended by adding Subtitle D to read as follows:
SUBTITLE D. OTHER ELECTION LAWSUITS
CHAPTER 247. LAWSUIT ALLEGING IMPROPER ELECTION ACTIVITIES
Sec. 247.001. PETITION ALLEGING FRAUD. This chapter applies to a civil suit in which a candidate in an election alleges in the petition that an opposing candidate, an agent of the opposing candidate, or a person acting on behalf of the opposing candidate with the candidate's knowledge violated any of the following sections of this code:
(1) Section 13.007;
(2) Section 64.012;
(3) Section 64.036;
(4) Section 84.003;
(5) Section 84.0041;
(6) Section 86.0051;
(7) Section 86.006;
(8) Section 86.010; or
(9) Section 276.013.
Sec. 247.002. PROCEDURE. A candidate in an election may file a petition for an action under this chapter in any county where a defendant resided at the time of the election. If the election is for a statewide office, the candidate may also file the petition in a district court in Travis County.
Sec. 247.003. FILING PERIOD FOR PETITION. A candidate in an election may file a petition for an action under this chapter not earlier than the day after the date the election is certified and not later than the 45th day after the later of that date or the date election records are made publicly available under Section 1.012.
Sec. 247.004. DAMAGES. (a) If it is shown by a preponderance of the evidence that a defendant, an agent of the defendant, or a person acting on behalf of the defendant with the defendant's knowledge committed one or more violations of a section described by Section 247.001, the defendant is liable to the plaintiff for damages in an amount of $1,000 for each violation.
(b) Notwithstanding Section 41.004, Civil Practice and Remedies Code, a court shall award damages under Subsection (a) to the plaintiff irrespective of whether the plaintiff is awarded actual damages.
Sec. 247.005. ATTORNEY'S FEES. In an action under this chapter, the court may award reasonable attorney's fees to the prevailing party.