Texas Election Code 64.012 – Illegal Voting
(a) A person commits an offense if the person knowingly or intentionally:
(1) votes or attempts to vote in an election in which the person knows the person is not eligible to vote;
(2) votes or attempts to vote more than once in an election;
(3) votes or attempts to vote a ballot belonging to another person, or by impersonating another person;
(4) marks or attempts to mark any portion of another person’s ballot without the consent of that person, or without specific direction from that person how to mark the ballot; or
(5) votes or attempts to vote in an election in this state after voting in another state in an election in which a federal office appears on the ballot and the election day for both states is the same day.
(b) An offense under this section is a felony of the second degree unless the person is convicted of an attempt, in which event it 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 64.012
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
(c) A person may not be convicted solely upon the fact that the person signed a provisional ballot affidavit under § 63.011 unless corroborated by other evidence that the person knowingly committed the offense.
(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.