Overall Vote Recommendation

Yes

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

HB 5115 introduced by Representative Shaheen, seeks to increase the criminal penalties associated with election fraud in Texas. The bill amends Sections 276.013(a) and (b) of the Texas Election Code, enhancing the consequences for knowingly or intentionally committing acts that interfere with the voting process, manipulate vote counts, or involve fraudulent voter registration or ballot casting.

The bill expands the definition of election fraud to include actions such as discarding or destroying a voter's completed ballot without consent, counting invalid votes, refusing to count valid votes, and altering vote reports to include or exclude known invalid or valid votes, respectively. These additions aim to address gaps in existing legislation and ensure comprehensive protection of the electoral process.

In terms of penalties, the bill significantly raises the severity of punishment for election fraud offenses. The general offense, previously categorized as a Class A misdemeanor, would now be classified as a second-degree felony. If the crime is committed by an elected official while acting in their official capacity, the penalty increases from a state jail felony to a first-degree felony. Additionally, attempts to commit election fraud would now be considered a third-degree felony, rather than a Class B misdemeanor. The bill also repeals Sections 276.013(c) and 276.014 of the Election Code, which previously covered specific penalties related to election fraud.

The bill's changes apply only to offenses committed on or after the effective date, September 1, 2025. Offenses committed prior to this date will continue to be prosecuted under the existing laws at the time of the offense.

The original version and the committee substitute HB 5115 both aim to increase penalties for election fraud, but they differ primarily in the scope and specificity of the offenses addressed. The original bill outlines a comprehensive list of actions constituting election fraud, including influencing a voter, registering under false pretenses, destroying ballots, counting invalid votes, and refusing to count valid votes. It specifically targets actions that directly interfere with the voting process or the accuracy of vote counting. In contrast, the committee substitute retains this list of offenses but adds clarity and specificity, particularly by focusing on scenarios related to tampering with vote counts or altering official reports. This improved precision helps ensure that prosecutorial standards are clearly outlined.

Both the original and the committee substitute versions of the bill increase the penalty for election fraud from a Class A misdemeanor to a second-degree felony. They also raise the penalty for an elected official who commits election fraud while acting in their official capacity from a state jail felony to a first-degree felony. Additionally, both versions increase the penalty for attempted election fraud from a Class B misdemeanor to a third-degree felony. While the enhanced penalties remain consistent between the two versions, the committee substitute provides more detailed language to address specific offenses, helping to clarify the application of these penalties.

Furthermore, both versions repeal Sections 276.013(c) and 276.014 of the Election Code, which previously covered specific penalties and procedural aspects related to election fraud. The primary distinction between the original bill and the committee substitute lies in the improved clarity and specificity of the committee substitute, which better addresses various forms of vote tampering and fraud while maintaining the original bill’s goal of deterring election-related crimes through stricter penalties.

Author

Matthew Shaheen

Co-Author

Carrie Isaac

Contact the Author

Rep. Matthew Shaheen

Capitol Phone:

(512) 463-0594

Capitol Office:

CAP GS.6

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the Legislative Budget Board (LBB) the bill is not expected to have a significant fiscal impact on the state. The LBB assumes that the fiscal impact on state correctional populations and the demand for state correctional resources would not be substantial.

The analysis indicates that while the bill may lead to some increase in prosecutions and convictions due to the stricter penalties and expanded definition of election fraud, the number of such cases is expected to be low. As a result, the cost of housing additional inmates or managing increased caseloads in the judicial system is projected to be minimal. This assumption is based on the relatively low frequency of election fraud offenses prosecuted in Texas.

Furthermore, the LBB also concludes that there would be no significant fiscal impact on local governments associated with the enforcement, prosecution, supervision, or confinement related to the enhanced penalties. This assessment includes costs that might arise from additional legal proceedings or longer incarceration periods at the county level. Overall, the bill's fiscal implications are considered negligible, both for the state and local government entities.

Vote Recommendation Notes

HB introduced by Representative Shaheen, addresses the issue of inadequate penalties for the crime of election fraud. Under existing Texas law, election fraud is treated as a Class A misdemeanor or, if committed by an elected official acting in their official capacity, as a state jail felony. In contrast, illegal voting is considered a second-degree felony, reflecting the gravity of undermining electoral integrity. The bill seeks to align the penalties for election fraud with those for illegal voting, thereby reinforcing the seriousness of such offenses.

HB 5115 increases the general penalty for election fraud from a Class A misdemeanor to a second-degree felony. If the crime is committed by an elected official acting in their official capacity, the penalty is raised from a state jail felony to a first-degree felony. Additionally, the bill upgrades the penalty for attempted election fraud from a Class B misdemeanor to a third-degree felony. The bill also expands the definition of election fraud to include knowingly counting invalid votes, altering reports to include invalid votes, refusing to count valid votes, or altering reports to exclude valid votes. These enhancements aim to deter fraudulent activities that compromise the democratic process.

The bill aligns with the principle of Limited Government by strengthening legal protections against election fraud, thereby upholding the integrity of the electoral process. It supports Personal Responsibility by imposing more stringent consequences on individuals who deliberately manipulate voting outcomes. Additionally, the bill addresses Individual Liberty by safeguarding the fundamental right to fair and accurate elections, ensuring that each citizen’s vote is properly counted and not diluted by fraud.

Given that the bill addresses a critical gap in current law and aims to protect the democratic process by enforcing stronger deterrents against election manipulation, Texas Policy Research recommends that lawmakers vote YES on HB 5115.

Individual Liberty: The bill positively impacts individual liberty by reinforcing the integrity of the electoral process, which is foundational to democratic governance. Free and fair elections are a fundamental right of citizens, and protecting the accuracy and honesty of election outcomes ensures that each voter’s choice is respected. By increasing penalties for election fraud, the bill helps safeguard the individual’s right to have their vote counted accurately, thus upholding the principle of individual liberty.
Personal Responsibility: The bill strongly emphasizes personal responsibility by holding individuals accountable for engaging in or attempting election fraud. By increasing the criminal penalties associated with fraudulent voting practices, including actions taken by elected officials, HB 5115 reinforces the expectation that individuals will act with integrity when participating in or overseeing electoral processes. The heightened penalties serve as a deterrent, emphasizing that manipulating election results carries significant consequences.
Free Enterprise: HB 5115 has a neutral impact on the principle of free enterprise. The bill focuses exclusively on electoral integrity and the punishment of fraudulent practices related to voting and vote counting. It does not impose regulations on businesses or economic activities, nor does it affect market competition or business practices.
Private Property Rights: The bill does not directly affect private property rights. Its provisions solely address the conduct of individuals and officials in the context of elections and do not involve property ownership, use, or regulation. Therefore, the impact on this liberty principle is neutral.
Limited Government: HB 5115 aligns with the principle of limited government by promoting transparency and accountability within electoral processes without expanding government power. By focusing on penalizing misconduct rather than increasing regulatory oversight, the bill ensures that individuals and public officials are held responsible without unduly enlarging governmental authority. Moreover, it repeals outdated and redundant penalty provisions, streamlining the legal framework rather than complicating it.

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