BILL ANALYSIS

 

 

Senate Research Center

C.S.H.B. 1243

88R27763 MPF-F

By: Hefner et al. (Hughes)

 

State Affairs

 

5/21/2023

 

Committee Report (Substituted)

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Faith in the electoral process has decreased in recent years. While every level of Texas government has been active in further securing our elections, according to a recent poll conducted by the Pew Research Center, 29 percent of all Americans have little to no confidence in our elections, up from 19 percent in 2018. In light of this, the punishment for illegal voting should send a message that the crime of illegal voting is a serious offense. H.B. 1243 seeks to address this issue by increasing the penalty for illegal voting.

 

(Original Author's/Sponsor's Statement of Intent)

 

C.S.H.B. 1243 amends current law relating to conduct constituting the criminal offense of illegal

voting and increases a criminal penalty.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Sections 64.012(a) and (b), Election Code, as follows:

 

(a) Provides that a person commits an offense if the person knowingly or intentionally:

 

(1) votes or attempts to vote in an election in which the person knows of a particular circumstance that makes the person not eligible to vote; or

 

(2)-(5) makes no changes to these subdivisions.

 

(b) Provides that an offense under Section 64.012 (Illegal Voting) is a felony of the second degree unless the person is convicted of an attempt. Provides that the offense is a state jail felony in that case. Deletes existing text providing that an offense under this section is a Class A misdemeanor.

 

SECTION 2. Makes application of this Act prospective.

 

SECTION 3. Effective date: upon passage or September 1, 2023.