BILL ANALYSIS

Senate Research Center	S.B. 1911
88R6293 SGM-F	By: Bettencourt
	State Affairs
	3/22/2023
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

In Harris County in the November 2022 election over 120 of the over 780 Election Day polls were supplied with an insufficient amount of ballot paper. Over 29 polls were not able to get more ballots before they ran out of paper and voters were not able to vote.  

In the same election, a temporary restraining order was issued to extend the time the polls were open until 8 pm. However, the election administrator�s office posted election results from early voting before 8:00 pm.  

S.B. 1911 would increase the penalty for:

• the intentional failure to deliver election supplies timely from a Class C to a Class A misdemeanor;   
• intentionally obstructing the distribution of election supplies for an election from a Class C misdemeanor to a state jail felony; and
• unlawfully revealing how a candidate or measure is doing or if a voter has or has not voted in an election before from a Class A misdemeanor to a state jail felony.

As proposed, S.B. 1911 amends current law relating to increasing the criminal penalty for certain offenses related to elections.

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 Section 51.010(c), Election Code, to provide that an offense under Section 51.010 (Failure to Distribute or Deliver Supplies) is a Class A misdemeanor, rather than a Class C misdemeanor.

SECTION 2. Amends Section 51.011(b), Election Code, to provide that an offense under Section 51.011 (Obstructing Distribution of Supplies) is a state jail felony, rather than a Class C misdemeanor.

SECTION 3. Amends Section 61.007(b), Election Code, to provide that an offense under Section 61.007 (Unlawfully Revealing Information Before Polls Close) is a state jail felony, rather than a Class A misdemeanor.

SECTION 4. Makes application of this Act prospective.

SECTION 5. Effective date: September 1, 2023.