87R15525 MLH-F
 
  By: Jetton, et al. H.B. No. 4331
 
  Substitute the following for H.B. No. 4331:
 
  By:  Jetton C.S.H.B. No. 4331
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to vote harvesting; creating an offense; creating a civil
  penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 276, Election Code, is amended by adding
  Sections 276.014 and 276.015 to read as follows:
         Sec. 276.014.  PAID VOTE HARVESTING. (a) In this section
  and Section 276.015, "vote harvesting services" means direct
  interaction with one or more voters in connection with an official
  ballot, a ballot voted by mail, or an application for ballot by
  mail, intended to deliver votes for a specific candidate or
  measure.
         (b)  A person commits an offense if the person, directly or
  through a third party, knowingly provides or offers to provide the
  vote harvesting services in exchange for compensation or other
  benefit, including benefits to a party whose welfare is of interest
  to the person.
         (c)  A person commits an offense if the person, directly or
  through a third party, knowingly provides or offers to provide
  compensation or other benefit to a person, or to another party whose
  welfare is of interest to the person, in exchange for the vote
  harvesting services.
         (d)  A person commits an offense if the person knowingly
  collects or possesses a ballot voted by mail or official carrier
  envelope from a voter in connection with the vote harvesting
  services.
         (e)  This section does not apply to acts promoting a
  candidate or measure that do not involve direct interaction with:
               (1)  an application for ballot by mail, in the presence
  of the voter; or
               (2)  a voter's official ballot, ballot voted by mail, or
  carrier envelope.
         (f)  In this section, compensation in exchange for the vote
  harvesting services is inferred if a person who performed the vote
  harvesting services for a candidate or campaign solicits, receives,
  or is offered compensation from the candidate or campaign, directly
  or through a third party, for services other than the vote
  harvesting services provided.
         (g)  An offense under this section is a felony of the third
  degree.
         (h)  If conduct that constitutes an offense under this
  section also constitutes an offense under any other law, the actor
  may be prosecuted under this section, the other law, or both.
         Sec. 276.015.  CIVIL LIABILITY FOR UNLAWFUL VOTE HARVESTING.
  (a) A person who commits an offense under Section 276.014 is liable
  to any candidate harmed by the vote harvesting services for damages
  and penalties that may be awarded under Subsection (c).
         (b)  A person is harmed by the vote harvesting services if
  the person can demonstrate that:
               (1)  the person was a candidate for office;
               (2)  the liable party committed an offense under
  Section 276.014; and
               (3)  another candidate seeking the same office as the
  person received a vote attributable to the offense, regardless of
  whether the other candidate knowingly participated in the vote
  harvesting services.
         (c)  A litigant who prevails in an action under Subsection
  (b) shall recover from any person who committed the unlawful vote
  harvesting services damages in an amount including:
               (1)  the amount of any compensation paid to or received
  by the person in exchange for the vote harvesting services;
               (2)  the fair market value of any benefit given or
  received in exchange for the vote harvesting services;
               (3)  a penalty in the amount of $25,000; and
               (4)  reasonable attorney's fees, court costs, witness
  fees, and deposition fees.
         (d)  A litigant who prevails in an action under Subsection
  (b) and shows that the number of voters contacted by the vote
  harvesting services exceeds the number of votes by which the
  litigant lost the election shall recover from the person liable for
  the unlawful vote harvesting services punitive damages in an amount
  including:
               (1)  any of the litigant's campaign expenditures
  properly filed on a campaign finance report in connection with the
  election; and
               (2)  any fees and expenses incurred by the litigant in
  filing and securing a place on the ballot.
         (e)  A person who commits an offense under Section 276.014
  and is found liable under this chapter or other law for any amount
  of damages arising from the vote harvesting services is jointly
  liable with any other defendant for the entire amount of damages
  arising from the vote harvesting services.
         (f)  The cause of action created by this section is
  cumulative to any other remedy provided by common law or statute.
         (g)  The expedited actions process created by Rule 169, Texas
  Rules of Civil Procedure, does not apply to an action under this
  section.
         (h)  Chapter 27, Civil Practice and Remedies Code, does not
  apply to a cause of action under this section.
         (i)  A cause of action under this section may be brought in
  the county where any part of the vote harvesting services occurred.
         SECTION 2.  This Act takes effect September 1, 2021.