Losing Candidates Can Sue Vote Harvesters For $250 A Vote

The text as introduced · 504 words

By: Little
H.B. No. 5491

A BILL TO BE ENTITLED

AN ACT

relating to vote harvesting; creating a civil penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 276, Election Code, is amended by adding

Section 276.0151 to read as follows:

Sec. 276.0151. CIVIL LIABILITY FOR UNLAWFUL VOTE

HARVESTING. (a) In this section, "vote harvesting services" has

the meaning assigned by Section 276.015.

(b) A person who commits an offense under Section 276.015 is

liable to any candidate harmed by the vote harvesting services for

damages and penalties that may be awarded under Subsection (d).

(c) A person is harmed by the vote harvesting services if

the person can demonstrate that:

(1) the person was a candidate for office;

(2) the liable party committed an offense under

Section 276.015; and

(3) another candidate seeking the same office as the

person received a vote attributable to the offense, regardless of

whether the other candidate knowingly participated in the vote

harvesting services.

(d) A litigant who prevails in an action under Subsection

(c) shall recover from any person who committed the unlawful vote

harvesting services damages in an amount including:

(1) the amount of any compensation paid to or received

by the person in exchange for the vote harvesting services;

(2) the fair market value of any benefit given or

received in exchange for the vote harvesting services;

(3) a penalty in the amount of $250 per affected vote;

and

(4) reasonable attorney's fees, court costs, witness

fees, and deposition fees.

(e) A litigant who prevails in an action under Subsection

(c) and shows that the number of voters contacted by the vote

harvesting services exceeds the number of votes by which the

litigant lost the election may recover from the person liable for

the unlawful vote harvesting services punitive damages in an amount

including:

(1) any fees and expenses incurred by the litigant in

filing and securing a place on the ballot; and

(2) any salary or other remuneration to which the

candidate would have been entitled if the candidate assumed the

office for which the candidate was nominated and placed on the

ballot.

(f) A person who commits an offense under Section 276.015

and is found liable under this chapter or other law for any amount

of damages arising from the vote harvesting services is jointly

liable with any other defendant for the entire amount of damages

arising from the vote harvesting services.

(g) The cause of action created by this section is

cumulative to any other remedy provided by common law or statute.

(h) The expedited actions process created by Rule 169, Texas

Rules of Civil Procedure, does not apply to an action under this

section.

(i) Chapter 27, Civil Practice and Remedies Code, does not

apply to a cause of action under this section.

(j) A cause of action under this section may be brought in

the county where any part of the vote harvesting services occurred.

SECTION 2. This Act takes effect September 1, 2025.