Sec. 276.016. UNLAWFUL SOLICITATION AND DISTRIBUTION OF APPLICATION TO VOTE BY MAIL. (a) A public official or election official commits an offense if the official, while acting in an official capacity, knowingly:
(1) solicits the submission of an application to vote by mail from a person who did not request an application;
(2) distributes an application to vote by mail to a person who did not request the application unless the distribution is expressly authorized by another provision of this code;
(3) authorizes or approves the expenditure of public funds to facilitate third-party distribution of an application to vote by mail to a person who did not request the application; or
(4) completes any portion of an application to vote by mail and distributes the application to an applicant.
(b) An offense under this section is a state jail felony.
(c) Subsection (a)(2) does not apply if the public official or election official engaged in the conduct described by Subsection (a)(2) by providing access to an application to vote by mail from a publicly accessible Internet website.
(d) Subsection (a)(4) does not apply if the public official or election official engaged in the conduct described by Subsection (a)(4) while lawfully assisting the applicant under Section 84.003.
(e) Subsection (a) does not apply if the public official or election official:
(1) provided general information about voting by mail, the vote by mail process, or the timelines associated with voting to a person or the public; or
(2) engaged in the conduct described by Subsection (a) while acting in the official's capacity as a candidate for a public elective office.
(f) The remedy provided under this chapter is cumulative, and does not restrict any other remedies provided by this code or by law. A violation of this section is subject to injunctive relief or mandamus as provided by this code.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 7.04, eff. December 2, 2021.
Structure Texas Statutes
Title 16 - Miscellaneous Provisions
Chapter 276 - Miscellaneous Offenses and Other Provisions
Section 276.001. Retaliation Against Voter
Section 276.003. Unlawful Removal From Ballot Box
Section 276.004. Unlawfully Prohibiting Employee From Voting
Section 276.005. Voter's Privilege From Arrest
Section 276.006. Changing Electoral Boundaries of Certain Political Subdivisions
Section 276.007. Student Election Authorized
Section 276.008. Information Provided to Texas Legislative Council
Section 276.009. Voting by Sequestered Juror
Section 276.010. Unlawful Buying and Selling of Balloting Materials
Section 276.012. Engaging in Organized Election Fraud Activity
Section 276.013. Election Fraud
Section 276.014. Other Election Offenses
Section 276.015. Vote Harvesting
Section 276.016. Unlawful Solicitation and Distribution of Application to Vote by Mail
Section 276.017. Unlawful Distribution of Early Voting Ballots and Balloting Materials
Section 276.018. Perjury in Connection With Certain Election Procedures