Sec. 86.0052. COMPENSATION FOR CARRIER ENVELOPE ACTION PROHIBITED. (a) A person commits an offense if the person:
(1) compensates another person for depositing the carrier envelope in the mail or with a common or contract carrier as provided by Section 86.0051(b), as part of any performance-based compensation scheme based on the number of ballots deposited or in which another person is presented with a quota of ballots to deposit as provided by Section 86.0051(b);
(2) engages in another practice that causes another person's compensation from or employment status with the person to be dependent on the number of ballots deposited as provided by Section 86.0051(b); or
(3) with knowledge that accepting compensation for such activity is illegal, accepts compensation for an activity described by Subdivision (1) or (2).
(b) Except as provided by Subsection (c), an offense under this section is a misdemeanor punishable by:
(1) confinement in jail for a term of not more than one year or less than 30 days; or
(2) confinement described by Subdivision (1) and a fine not to exceed $4,000.
(c) An offense under this section is a state jail felony if it is shown on the trial of an offense under this section that the defendant was previously convicted two or more times under this section.
(d) An officer, director, or other agent of an entity that commits an offense under this section is punishable for the offense.
(e) For purposes of this section, compensation means any form of monetary payment, goods, services, benefits, or promises or offers of employment, or any other form of consideration offered to another person in exchange for depositing ballots.
Added by Acts 2013, 83rd Leg., R.S., Ch. 846 (H.B. 148), Sec. 1, eff. September 1, 2013.
Structure Texas Statutes
Chapter 86 - Conduct of Voting by Mail
Section 86.001. Reviewing Application and Providing Ballot
Section 86.0015. Annual Ballots by Mail
Section 86.002. Additional Balloting Materials
Section 86.003. Method of Providing Ballot to Voter: Required Address
Section 86.004. Time for Providing Ballot to Voter
Section 86.005. Marking and Sealing Ballot
Section 86.0051. Unlawful Carrier Envelope Action by Person Other Than Voter
Section 86.0052. Compensation for Carrier Envelope Action Prohibited
Section 86.006. Method of Returning Marked Ballot
Section 86.007. Deadline for Returning Marked Ballot
Section 86.008. Defective Application
Section 86.009. Providing Corrected Ballot to Voter
Section 86.010. Unlawfully Assisting Voter Voting Ballot by Mail
Section 86.0105. Compensation for Assisting Voters Prohibited
Section 86.011. Action by Clerk on Return of Ballot
Section 86.012. Official Ballot Envelope
Section 86.013. Official Carrier Envelope
Section 86.014. Public Inspection of Early Voting Records
Section 86.015. Electronic Tracking of Application for Ballot Voted by Mail or Ballot Voted by Mail