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SENATE RESOLUTION
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WHEREAS, The right to vote is sacred and the exercise of |
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that right represents a cornerstone of our democracy; and |
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WHEREAS, The offense of illegal voting has long existed in |
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this state, and when first codified, stated that if "any person, |
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knowing himself not to be a qualified voter," nonetheless voted, |
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the person would be subject to a fine; and |
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WHEREAS, The offense has changed over the decades until |
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its eventual recodification in Section 64.012(a)(1), Election |
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Code, which states that a person commits the offense if the |
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person "votes or attempts to vote in an election in which the |
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person knows the person is not eligible to vote"; and |
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WHEREAS, The offense is punishable by incarceration, fine, |
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or both; and |
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WHEREAS, A person's knowledge of their own ineligibility |
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has always been an element of the offense; and |
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WHEREAS, It is a fundamental principle of criminal law in |
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this state that persons should only be convicted of an offense |
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when all required elements of the offense are shown to have been |
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satisfied; and |
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WHEREAS, Instances where a person knows that the person is |
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ineligible to vote in an election but nonetheless votes or |
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attempts to vote should be prosecuted; and |
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WHEREAS, Cases of genuine mistake, where the person votes |
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or attempts to vote under the honest belief that the person is |
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eligible to vote, should not establish the required element of |
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knowledge of one's own ineligibility; and |
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WHEREAS, In such cases, the ineligible person's vote |
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should not be allowed and any vote erroneously cast by an |
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ineligible person should not be counted, but a person should not |
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be criminally incarcerated for making an innocent mistake; now, |
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therefore, be it |
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RESOLVED, That the Senate of the State of Texas, 87th |
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Legislature, 2nd Called Session, hereby strongly believes that |
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no Texan should be prosecuted for the offense of illegal voting |
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if the person voted or attempted to vote based on a mistaken, |
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honest belief that the person was in fact eligible to vote; and, |
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be it further |
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RESOLVED, That the Texas Senate encourages the careful |
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exercise of discretion at all levels of government when |
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investigating and prosecuting cases of alleged illegal voting. |