Texas Statutes
Chapter 276 - Miscellaneous Offenses and Other Provisions
Section 276.013. Election Fraud

Sec. 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.
(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.
Added by Acts 2017, 85th Leg., 1st C.S., Ch. 1 (S.B. 5), Sec. 17, eff. December 1, 2017.
Amended by:
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 7.03, eff. December 2, 2021.