Sec. 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 Class A misdemeanor.
(c) A person may not be convicted solely upon the fact that the person signed a provisional ballot affidavit under Section 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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1997, 75th Leg., ch. 864, Sec. 63, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 393, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 123 (S.B. 14), Sec. 16, eff. January 1, 2012.
Acts 2017, 85th Leg., 1st C.S., Ch. 1 (S.B. 5), Sec. 1, eff. December 1, 2017.
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 9.03, eff. December 2, 2021.
Structure Texas Statutes
Title 6 - Conduct of Elections
Chapter 64 - Voting Procedures
Subchapter A. Voting Generally
Section 64.001. Voter to Select and Prepare Ballot
Section 64.002. Occupancy of Voting Station
Section 64.003. Marking the Ballot for Candidate on Ballot
Section 64.005. Marking the Ballot for Write-in Candidate
Section 64.006. Marking the Ballot for Measure
Section 64.007. Spoiled Ballot
Section 64.008. Depositing Ballot
Section 64.009. Voter Unable to Enter Polling Place
Section 64.010. Unlawfully Permitting or Preventing Deposit of Ballot