Tex. Codes » Election Code · TITLE 16. MISCELLANEOUS PROVISIONS · CHAPTER 276. MISCELLANEOUS OFFENSES AND OTHER PROVISIONS
Texas Codes

Tex. Elec. Code § 276.013 (2026)

Election Fraud

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Sec. 276.013. ELECTION FRAUD. (a) A person commits an offense if the person knowingly or intentionally makes any effort to:

(1) influence the independent exercise of the vote of another in the presence of the ballot or during the voting process, including by altering the ballot of another or by otherwise causing a ballot to not reflect the intent of the voter;

(2) cause a voter to become registered, a ballot to be obtained, or a vote to be cast under false pretenses;

(3) cause any false or intentionally misleading statement, representation, or information to be provided:

(A) to an election official; or

(B) on an application for ballot by mail, carrier envelope, or any other official election-related form or document;

(4) prevent a voter from casting a legal ballot in an election in which the voter is eligible to vote;

(5) provide false information to a voter with the intent of preventing the voter from voting in an election in which the voter is eligible to vote;

(6) cause the ballot not to reflect the intent of the voter;

(7) cause a ballot to be voted for another person that the person knows to be deceased or otherwise knows not to be a qualified or registered voter;

(8) cause or enable a vote to be cast more than once in the same election;

(9) discard or destroy a voter's completed ballot without the voter's consent;

(10) count votes the person knows are invalid or alter a report to include votes the person knows are invalid; or

(11) refuse to count votes the person knows are valid or alter a report to exclude votes the person knows are valid.

(b) An offense under this section is a felony of the second degree, unless:

(1) the person committed the offense while acting in the person's capacity as an elected official, in which case the offense is a felony of the first degree; or

(2) the person is convicted of an attempt, in which case the offense is a felony of the third degree.

(c) Repealed by Acts 2025, 89th Leg., R.S., Ch. 675 (H.B. 5115), Sec. 2(1), eff. September 1, 2025.

(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

Added by Acts 2017, 85th Leg., 1st C.S., Ch. 1 (S.B. 5), Sec. 17, eff. December 1, 2017.

Amended by:

Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 7.03, eff. December 2, 2021.

Acts 2025, 89th Leg., R.S., Ch. 675 (H.B. 5115), Sec. 1, eff. September 1, 2025.

Acts 2025, 89th Leg., R.S., Ch. 675 (H.B. 5115), Sec. 2(1), eff. September 1, 2025.

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2020–2025 · leading case: State v. Erika Lozano-Pelayo, 598 S.W.3d 407 (Tex. App.—Amarillo 2020).
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State v. Erika Lozano-Pelayo, 598 S.W.3d 407 (Tex. App.—Amarillo 2020). · cites it 2× “013, as well as amending the prior offense of “Providing False Information on Application” to “Fraudulent Use of Application for Ballot by Mail,” codified as Texas Election Code section 84.0041. Act of Aug.”
Jane Nelson v. Jarrett Woodward, No. 15-24-00074-CV (Tex. App.—15th Dist. Apr. 24, 2025). · cites it 2× “13 Tex. Elec. Code § 276.013 ...............”
State v. Erika Lozano-Pelayo, 598 S.W.3d 407 (Tex. App.—Amarillo 2020). “See TEX. ELEC. CODE ANN. § 276.013(b), (c)(3) (West Supp.”
Steven Harvey v. Mark Henry, No. 14-23-00280-CV, 2024 WL 3875931 (Tex. App.—Houston [14th Dist.] Aug. 20, 2024). “Tex. Elec. Code § 276.013. The provision classifies certain offenses for purposes of punishment but does not itself provide for vote nullification.”
Tex. Elec. Code § 276.013(4): 1 case
Jane Nelson v. Jarrett Woodward, No. 15-24-00074-CV (Tex. App.—15th Dist. Apr. 24, 2025). “13 Tex. Elec. Code § 276.013 ...............”
Tex. Elec. Code § 276.013(a)(3)(B): 1 case
State v. Erika Lozano-Pelayo, 598 S.W.3d 407 (Tex. App.—Amarillo 2020). “013, as well as amending the prior offense of “Providing False Information on Application” to “Fraudulent Use of Application for Ballot by Mail,” codified as Texas Election Code section 84.0041. Act of Aug.”
Tex. Elec. Code § 276.013(b): 1 case
State v. Erika Lozano-Pelayo, 598 S.W.3d 407 (Tex. App.—Amarillo 2020). “See TEX. ELEC. CODE ANN. § 276.013(b), (c)(3) (West Supp.”
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