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A BILL TO BE ENTITLED
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AN ACT
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relating to vote harvesting; creating a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 276, Election Code, is amended by adding |
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Section 276.0151 to read as follows: |
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Sec. 276.0151. CIVIL LIABILITY FOR UNLAWFUL VOTE |
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HARVESTING. (a) In this section, "vote harvesting services" has |
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the meaning assigned by Section 276.015. |
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(b) A person who commits an offense under Section 276.015 is |
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liable to any candidate or political party harmed by the vote |
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harvesting services for damages and penalties that may be awarded |
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under Subsection (e). |
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(c) A person is harmed by the vote harvesting services if |
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the person can demonstrate that: |
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(1) the person has standing to seek relief; and |
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(2) the liable party committed an offense under |
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Section 276.015. |
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(d) To establish standing under this section, a person is |
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not required to demonstrate that the vote harvesting services |
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successfully delivered votes for a specific candidate or measure, |
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but must demonstrate that: |
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(1) the vote harvesting services were intended to |
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deliver votes for a specific candidate or measure; and |
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(2) the person opposed the candidate or measure in the |
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person's capacity as a candidate or political party. |
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(e) A litigant who prevails in an action under Subsection |
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(c) shall recover from any person who committed the unlawful vote |
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harvesting services damages in an amount including: |
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(1) the amount of any compensation paid to or received |
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by the person in exchange for the vote harvesting services; |
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(2) the fair market value of any benefit given or |
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received in exchange for the vote harvesting services; |
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(3) a penalty in the amount of $35,000; and |
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(4) reasonable attorney's fees, court costs, witness |
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fees, and discovery costs. |
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(f) A litigant who prevails in an action under Subsection |
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(c) and shows that the number of voters contacted by the vote |
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harvesting services exceeds the number of votes by which the |
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litigant lost the election shall recover from the person liable for |
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the unlawful vote harvesting services punitive damages in an amount |
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including: |
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(1) any of the litigant's campaign expenditures |
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properly filed on a campaign finance report in connection with the |
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election; and |
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(2) any fees and expenses incurred by the litigant in |
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filing and securing a place on the ballot. |
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(g) A person who commits an offense under Section 276.015 |
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and is found liable under this chapter or other law for any amount |
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of damages arising from the vote harvesting services is jointly |
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liable with any other defendant for the entire amount of damages |
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arising from the vote harvesting services. |
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(h) The cause of action created by this section is |
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cumulative to any other remedy provided by common law or statute. |
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(i) The expedited actions process created by Rule 169, Texas |
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Rules of Civil Procedure, does not apply to an action under this |
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section. |
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(j) Chapter 27, Civil Practice and Remedies Code, does not |
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apply to a cause of action under this section. |
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(k) A cause of action under this section may be brought in |
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the county where any part of the vote harvesting services occurred. |
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SECTION 2. This Act takes effect September 1, 2023. |