Guillen Bill Makes Outing A Voter’s Ballot A Felony

The text as introduced · 391 words

90R29 TSS-D

By: Guillen
H.B. No. 476

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the criminal offense of disseminating

personally identifiable voter information.

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

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

Section 276.0051 to read as follows:

Sec. 276.0051. DISSEMINATING PERSONALLY IDENTIFIABLE VOTER

INFORMATION. (a) Except as provided by Subsection (b) or (c), a

person commits an offense if the person knowingly disseminates any

personally identifiable information that connects a voter to the

voter's individual ballot selections in violation of the voter's

right to a secret ballot protected under Section 4, Article VI,

Texas Constitution.

(b) It is an exception to prosecution under this section

that:

(1) the person disseminating the personally

identifiable information is an election official responsible for

handling, storing, or making voter information publicly available

in compliance with other law; and

(2) the dissemination occurred during the lawful

discharge of the person's official duty.

(c) It is an exception to prosecution under this section

that the person disseminates personally identifiable information

that connects a voter to the voter's individual ballot selections:

(1) under the order or authority of a court or

tribunal; or

(2) with the voter's permission.

(d) An offense under this section is a felony of the third

degree.

(e) Notwithstanding Section 3.03(a), Penal Code, a court

may order the sentences of confinement to which a person is

sentenced to run consecutively as described by Article 42.08, Code

of Criminal Procedure, if a person is convicted under this section

and is also found guilty of one or more additional offenses arising

out of:

(1) the same criminal episode; and

(2) the person's use of the information disseminated

in violation of this section.

SECTION 2. The changes in law made by this Act apply 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 was committed before that

date.

SECTION 3. This Act takes effect September 1, 2027.