85R12648 GRM-F By: Fallon H.B. No. 4133 A BILL TO BE ENTITLED AN ACT relating to investigation and prosecution of certain election offenses; creating an offense; increasing criminal penalties. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 1.013, Election Code, is amended to read as follows: Sec. 1.013. DESTRUCTION OF RECORDS. (a) After expiration of the prescribed period for preserving voted ballots, election returns, other election records, or other records that are preserved under this code, the records may be destroyed or otherwise disposed of unless, at the expiration of the preservation period, an election contest or a criminal investigation or proceeding in connection with an election to which the records pertain is pending. In that case, the records shall be preserved until the contest, investigation, or proceeding is completed and the judgment, if any, becomes final. (b) A person commits an offense if a person intentionally destroys or causes the destruction of election records required to be preserved under Subsection (a). (c) Except as provided by Subsection (d), an offense under Subsection (b) is a Class B misdemeanor. (d) An offense under Subsection (b) in which a person destroys or causes destruction of records subject to a preservation request from a law enforcement agency is a state jail felony. SECTION 2. Section 1.018, Election Code, is amended to read as follows: Sec. 1.018. APPLICABILITY OF PENAL CODE. Titles 1 through 4 [In addition to Section 1.03, Penal Code, and to other titles of the Penal Code that may apply to this code, Title 4], Penal Code, apply [applies] to offenses prescribed by this code. SECTION 3. Sections 13.007(a) and (b), Election Code, are amended to read as follows: (a) A person commits an offense if the person knowingly makes a false statement or requests, commands, or attempts to induce another person to make a false statement or causes a false statement to be made on a registration application. (b) An offense under this section is a state jail felony [Class B misdemeanor]. SECTION 4. Subchapter A, Chapter 13, Election Code, is amended by adding Section 13.009 to read as follows: Sec. 13.009. MISUSE OF VOTER REGISTRATION INFORMATION. (a) A person commits an offense if the person copies or otherwise records voter information obtained from a registration application, including two or more of the following pieces of information belonging to a voter: (1) an address; (2) a phone number; (3) a date of birth; or (4) any part of a: (A) social security number; or (B) driver's license number. (b) A person commits an offense if the person knowingly possesses, sells, offers to sell, buys, or offers to buy voter information copied from an application described by Subsection (a). SECTION 5. Section 15.028(a), Election Code, is amended to read as follows: (a) If the registrar determines that a person who is not an eligible [a registered] voter voted in an election, or determines that voter registration fraud or voting fraud occurred in an election, the registrar shall execute and deliver to the attorney general, the secretary of state, and the county or district attorney having jurisdiction in the territory covered by the election an affidavit stating the relevant facts. Unless instructed otherwise by the attorney general or the county or district attorney, the registrar shall preserve any election records applicable to the offense for at least six months after the date required by Section 66.058. SECTION 6. Section 18.068(a), Election Code, is amended to read as follows: (a) The secretary of state shall quarterly compare the information received under Section 16.001 of this code and Sections [Section] 62.113 and 62.114, Government Code, to the statewide computerized voter registration list. If the secretary determines that a voter on the registration list is deceased or has been excused or disqualified from jury service because the voter is not a citizen or not a resident of the county, the secretary shall send notice of the determination to the voter registrar of the counties considered appropriate by the secretary and refer the matter for criminal investigation under Section 31.006 if records indicate that a person may have violated Section 13.007 or 64.012. SECTION 7. Section 64.012, Election Code, is amended by amending Subsection (a) and adding Subsections (c), (d), and (e) to read as follows: (a) A person commits an offense if the person: (1) votes or attempts to vote in an election in which the person knows the person is not eligible to vote; (2) knowingly votes or attempts to vote more than once in an election; (3) knowingly [impersonates another person and] votes or attempts to vote a ballot belonging to another person, or by impersonating another [as the impersonated] person; or (4) knowingly marks or attempts to mark another person's ballot without the consent of that person, or without specific direction from that person how to mark the ballot. (c) It is sufficient for the purposes of Subsection (a)(1) to establish that the person had knowledge of the person's ineligibility to vote if the person was aware of the facts or circumstances causing the person's ineligibility under this code. (d) It is not a defense to prosecution that the ballot was not finally counted. (e) 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) if the defendant is being charged as a party to the offense, the offense involves a voter 65 years of age or older; or (3) the defendant committed another offense under this section in the same election. SECTION 8. Section 66.058(a), Election Code, is amended to read as follows: (a) Except as otherwise provided by this code, the precinct election records shall be preserved by the authority to whom they are distributed: (1) in an election involving a federal office, for at least 22 months after election day in accordance with federal law; or (2) in an election not involving a federal office, for at least 12 [six] months after election day. SECTION 9. Section 162.014(b), Election Code, is amended to read as follows: (b) An offense under this section is a Class A [Class C] misdemeanor. SECTION 10. Section 231.008, Election Code, is amended by adding Subsection (f) to read as follows: (f) The clerk shall deliver a copy of the judgment and any findings of fact or conclusions of law to the attorney general, and upon request from the attorney general, shall deliver copies of any portion of the record for use in a criminal investigation. SECTION 11. Section 273.001(e), Election Code, is amended to read as follows: (e) Not later than the 30th day after the date on which a county or district attorney begins an investigation under this section, the county or district attorney shall deliver notice of the investigation to the secretary of state and the attorney general. The notice must include a statement that a criminal investigation is being conducted and the date on which the election that is the subject of the investigation was held. The secretary of state may disclose information relating to a criminal investigation received under this subsection only if the county or district attorney or the attorney general has disclosed the information or would be required by law to disclose the information. SECTION 12. Subchapter B, Chapter 273, Election Code, is amended by adding Section 273.025 to read as follows: Sec. 273.025. LIMITATIONS. (a) An indictment for or information related to a felony or misdemeanor under this code must be presented not later than five years after the date of the commission of the offense. (b) In an election where an investigation is being conducted under this code, the election records must be preserved by the election authority until the later of: (1) the time prescribed by this code to preserve the records; or (2) the period of limitation prescribed by Subsection (a). SECTION 13. Chapter 276, Election Code, is amended by adding Sections 276.002 and 276.011 to read as follows: Sec. 276.002. OBSTRUCTION OF ELECTION INVESTIGATION OR PROCEEDING. (a) A person commits an offense if the person, with intent to influence a witness or prospective witness in an investigation or proceeding brought under this code: (1) offers a benefit to or intimidates, harms, or threatens to harm a witness or prospective witness; (2) instructs or encourages a witness or prospective witness to give a false statement or testimony or withhold or make unavailable any testimony, information, or evidence; or (3) instructs or encourages a witness or prospective witness: (A) to elude legal process summoning the witness to testify or supply evidence; or (B) to be absent from a legal proceeding to which the witness has been legally summoned. (b) An offense under this section is a felony of the second degree. Sec. 276.011. ELECTION FRAUD. (a) A person commits an offense if the person knowingly or intentionally makes any effort to: (1) influence the independent exercise of a vote in the presence of the ballot or during the voting process; (2) cause a voter registration application, ballot, or vote to be obtained or 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 election-related: (i) form; (ii) petition; (iii) statement; (iv) oath; (v) affirmation; or (vi) official document; or (4) subvert the election process in order to obtain a benefit or to benefit another person, candidate, or political party. (b) An offense under this section is a Class A misdemeanor. (c) An offense under this section is increased to the next higher category of offense if it is shown on the trial of the offense 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. (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. SECTION 14. Sections 13.007(c) and 15.028(b), Election Code, are repealed. SECTION 15. The changes in law made by this Act apply only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date. SECTION 16. This Act takes effect September 1, 2017.