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A BILL TO BE ENTITLED
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AN ACT
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relating to election integrity and the prevention of fraud in the |
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conduct of an election; creating criminal offenses; increasing a |
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criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13.007, Election Code, is amended by |
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amending Subsections (a), (b) and (c) to read as follows: |
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(a) A person commits an offense if the person: |
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(1) knowingly makes a false statement; or |
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(2) requests, commands, coerces, or attempts to induce |
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another person to make a false statement on a registration |
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application. |
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(b) An offense under this section is a Class B misdemeanor. |
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(c) If conduct that constitutes an offense under this |
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section also constitutes an offense under another law, the actor |
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may be prosecuted under this section, the other law, or both [For |
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purposes of this code, an offense under this section is considered |
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to be perjury, but may be prosecuted only under this section]. |
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SECTION 2. Section 64.012, Election Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) A person commits an offense if the person: |
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(1) votes or attempts to vote in an election in which |
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the person knows the person is not eligible to vote; |
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(2) knowingly votes or attempts to vote more than once |
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in an election; |
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(3) knowingly votes or attempts to vote a ballot |
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belonging to another person, or by impersonating another person; |
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[or] |
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(4) knowingly marks or attempts to mark any portion of |
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another person 's ballot without the consent of that person, or |
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without specific direction from that person how to mark the ballot; |
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or |
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(5) knowingly votes or attempts to vote in an election |
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in this state after voting in another state in an election in which |
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a federal office appears on the ballot and the election day for both |
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states is the same day. |
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(c) If conduct that constitutes an offense under this |
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section also constitutes an offense under another law, the actor |
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may be prosecuted under this section, the other law, or both. |
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SECTION 3. Sections 276.013(a) and (b), Election Code, are |
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amended to read as follows: |
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(a) A person commits an offense if the person knowingly or |
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intentionally makes any effort to: |
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(1) influence the independent exercise of the vote of |
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another in the presence of the ballot or during the voting process; |
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(2) cause a voter to become registered, a ballot to be |
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obtained, or a vote to be cast under false pretenses; |
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(3) cause any false or intentionally misleading |
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statement, representation, or information to be provided: |
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(A) to an election official; or |
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(B) on an application for ballot by mail, carrier |
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envelope, or any other official election-related form or document; |
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(4) causes the ballot not to reflect the intent of the |
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voter; |
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(5) count invalid votes or alter a report to include |
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invalid votes; |
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(6) fail to count valid votes or alter a report to |
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exclude valid votes; |
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(7) cause a ballot to be voted for another person that |
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the person knows to be deceased, or otherwise knows not to be a |
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qualified or registered voter; |
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(8) vote more than once in the same election; or |
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(9) discard or destroy a voter's completed ballot |
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without the voter's consent. |
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(b) An offense under this section is a Class A misdemeanor: |
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(1) except that an offense under this section is a |
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state jail felony if the person committed the offense while acting |
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in their capacity as an election official; or |
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(2) unless the person is convicted of an attempt. In |
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that case, the offense is a Class B misdemeanor. |
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SECTION 4. Chapter 276, Election Code, is amended by adding |
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Section 276.018 to read as follows: |
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Sec. 276.018. PERJURY IN CONNECTION WITH CERTAIN ELECTION |
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PROCEDURES. (a) A person commits an offense if, with the intent to |
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deceive, the person makes a false statement or swears to the truth |
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of a false statement: |
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(1) on a registration application; or |
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(2) previously made while taking an oath, or making a |
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declaration or affidavit prescribed by this code. |
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(b) An offense under this section is a state jail felony. |
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SECTION 5. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 6. This Act takes effect September 1, 2021. |