The bill raises the penalty for the existing Election Code offense in Section 65.014(d) from a Class B to a Class A misdemeanor. The committee analysis says that offense covers knowingly failing to include required election records in precinct returns, or failing to finish the returns by the state deadline. When precinct election records miss the delivery deadline, the bill also lets the secretary of state step in to finish the count, prepare the returns and distribute the records, as an option alongside the existing route of a district judge impounding the records.
Labels
Labels: ZOMBIE BILL. Died 2 times: 88R SB 1907 by Sen. Bettencourt (Died in committee) and this bill (Did not pass). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R SB 1907 by Sen. Bettencourt (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.STALLED AFTER COMMITTEE. Voted out of the House Elections committee 9-0 on Mar 27, 2025. Never placed on a calendar. The bill died.
relating to preparing and delivering precinct election returns;
increasing a criminal penalty.
WHAT IT DOES
Class B becomes Class A misdemeanor.
The bill raises the penalty for the existing Election Code offense in Section 65.014(d) from a Class B to a Class A misdemeanor. The committee analysis says that offense covers knowingly failing to include required election records in precinct returns, or failing to finish the returns by the state deadline. When precinct election records miss the delivery deadline, the bill also lets the secretary of state step in to finish the count, prepare the returns and distribute the records, as an option alongside the existing route of a district judge impounding the records.
CHARGES
[ ] NONE FOUND
TOTAL
No significant fiscal implication to the State is anticipated.
89R2059 MPF-D
By: Swanson
H.B. No. 1477
A BILL TO BE ENTITLED
AN ACT
relating to preparing and delivering precinct election returns;
increasing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 65.014(e), Election Code, is amended to
read as follows:
(e) An offense under Subsection (d) is a Class A [ B ]
misdemeanor.
SECTION 2. Section 66.055, Election Code, is amended to
read as follows:
Sec. 66.055. FAILURE TO DELIVER [ JUDICIAL IMPOUNDMENT OF ]
ELECTION RECORDS. (a) If the precinct election records are not
delivered by the deadline prescribed by Section 66.053(c) :
(1) the secretary of state may supervise the
activities necessary to complete the count, prepare the precinct
returns, and distribute the records; or
(2) [ , ] on application by a member of the canvassing
authority, a district judge shall order the precinct election
records to be impounded.
(b) If the precinct election records are impounded under
Subsection (a)(2), the [ The ] district judge shall supervise the
activities necessary to complete the count, prepare the precinct
returns, and distribute the records.
SECTION 3. The change in law made by this Act in amending
Section 65.014(e), Election Code, applies 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 4. This Act takes effect September 1, 2025.