Texas Election Code 84.0041 – Fraudulent Use of Application for Ballot by Mail
Current as of: 2024 | Check for updates
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(a) A person commits an offense if the person:
(1) knowingly provides false information on an application for ballot by mail;
(2) intentionally causes false information to be provided on an application for ballot by mail;
(3) knowingly submits an application for ballot by mail without the knowledge and authorization of the voter; or
(4) knowingly and without the voter’s authorization alters information provided by the voter on an application for ballot by mail.
(b) An offense under this section is a state jail felony.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| State jail felony | between 180 days and 2 years | up to $10,000 |
Terms Used In Texas Election Code 84.0041
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) An offense under Subsection (a)(4) does not apply to an early voting clerk or deputy early voting clerk who receives and marks an application for administrative purposes only.
(d) An offense under this section is increased to the next higher category of offense if it is shown on the trial of an offense under this section that:
(1) the defendant was previously convicted of an offense under this code;
(2) the offense involved a voter 65 years of age or older; or
(3) the defendant committed another offense under this section in the same election.