Texas Election Code 276.013 – Election Fraud
(a) A person commits an offense if the person knowingly or intentionally makes any effort to:
(1) influence the independent exercise of the vote of another in the presence of the ballot or during the voting process, including by altering the ballot of another or by otherwise causing a ballot to not reflect the intent of the voter;
(2) cause a voter to become registered, a ballot to be obtained, or a vote to be cast under false pretenses;
(3) cause any false or intentionally misleading statement, representation, or information to be provided:
(A) to an election official; or
(B) on an application for ballot by mail, carrier envelope, or any other official election-related form or document;
(4) prevent a voter from casting a legal ballot in an election in which the voter is eligible to vote;
(5) provide false information to a voter with the intent of preventing the voter from voting in an election in which the voter is eligible to vote;
(6) cause the ballot not to reflect the intent of the voter;
(7) cause a ballot to be voted for another person that the person knows to be deceased or otherwise knows not to be a qualified or registered voter;
(8) cause or enable a vote to be cast more than once in the same election; or
(9) discard or destroy a voter’s completed ballot without the voter’s consent.
(b) An offense under this section is a Class A misdemeanor, unless:
(1) the person committed the offense while acting in the person’s capacity as an elected official, in which case the offense is a state jail felony; or
(2) the person is convicted of an attempt, in which case the offense is a Class B misdemeanor.
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 |
| Class A misdemeanor | up to 1 year | up to $4,000 |
| Class B misdemeanor | up to 180 days | up to $2,000 |
Terms Used In Texas Election Code 276.013
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Election official: means :
(A) a county clerk;
(B) a permanent or temporary deputy county clerk;
(C) an elections administrator;
(D) a permanent or temporary employee of an elections administrator;
(E) an election judge;
(F) an alternate election judge;
(G) an early voting clerk;
(H) a deputy early voting clerk;
(I) an election clerk;
(J) the presiding judge of an early voting ballot board;
(K) the alternate presiding judge of an early voting ballot board;
(L) a member of an early voting ballot board;
(M) the chair of a signature verification committee;
(N) the vice chair of a signature verification committee;
(O) a member of a signature verification committee;
(P) the presiding judge of a central counting station;
(Q) the alternate presiding judge of a central counting station;
(R) a central counting station manager;
(S) a central counting station clerk;
(T) a tabulation supervisor;
(U) an assistant to a tabulation supervisor; and
(V) a chair of a county political party holding a primary election or a runoff primary election. See Texas Election Code 1.005 - Law: means a constitution, statute, city charter, or city ordinance. See Texas Election Code 1.005
- 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
- Registered voter: means a person registered to vote in this state whose registration is effective. See Texas Election Code 1.005
- 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 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, and the actor was not:
(A) related to the voter within the second degree by affinity or the third degree by consanguinity, as determined under Subchapter B, Chapter 573, Government Code; or
(B) physically living in the same dwelling as the voter at the time of the event; or
(3) the defendant committed another offense under this section in the same election.
(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.