Sec. 276.016. UNLAWFUL SOLICITATION AND DISTRIBUTION OF APPLICATION TO VOTE BY MAIL. (a) A public official or election official commits an offense if the official, while acting in an official capacity, knowingly:
(1) solicits the submission of an application to vote by mail from a person who did not request an application;
(2) distributes an application to vote by mail to a person who did not request the application unless the distribution is expressly authorized by another provision of this code;
(3) authorizes or approves the expenditure of public funds to facilitate third-party distribution of an application to vote by mail to a person who did not request the application; or
(4) completes any portion of an application to vote by mail and distributes the application to an applicant.
(b) An offense under this section is a state jail felony.
(c) Subsection (a)(2) does not apply if the public official or election official engaged in the conduct described by Subsection (a)(2) by providing access to an application to vote by mail from a publicly accessible Internet website.
(d) Subsection (a)(4) does not apply if the public official or election official engaged in the conduct described by Subsection (a)(4) while lawfully assisting the applicant under Section 84.003.
(e) Subsection (a) does not apply if the public official or election official:
(1) provided general information about voting by mail, the vote by mail process, or the timelines associated with voting to a person or the public; or
(2) engaged in the conduct described by Subsection (a) while acting in the official's capacity as a candidate for a public elective office.
(f) The remedy provided under this chapter is cumulative, and does not restrict any other remedies provided by this code or by law. A violation of this section is subject to injunctive relief or mandamus as provided by this code.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 7.04, eff. December 2, 2021.
Notes of Decisions
Warren K. Paxton v. Isabel Longoria Cathy Morgan, 646 S.W.3d 532 (Tex. 2022).
· cites it 4× “TEX. ELEC. CODE § 276.016(a).1 This provision does not apply if the public official or election official “provided general information about voting by mail, the vote by mail process, or the timelines associated with voting.”
Longoria v. Paxton, No. 22-50110, 2022 WL 832239 (5th Cir. Mar. 21, 2022).
· cites it 2× “” TEX. ELEC. CODE § 276.016(a). “Election official” is statutorily defined but does not include VDRs.”
State of Texas v. Harris Cnty., No. 15-24-00120-CV (Tex. App.—15th Dist. Jan. 14, 2025).
“04 (codified at Tex. Elec. Code § 276.016(f) (noting that the criminal remedy is “cumulative” and that a violation “is subject to injunctive relief or mandamus as provided by this code”)); id.”
Tex. Elec. Code § 276.016(a): 2 cases
Longoria v. Paxton, No. 22-50110, 2022 WL 832239 (5th Cir. Mar. 21, 2022).
“” TEX. ELEC. CODE § 276.016(a). “Election official” is statutorily defined but does not include VDRs.”
Warren K. Paxton v. Isabel Longoria Cathy Morgan, 646 S.W.3d 532 (Tex. 2022).
“TEX. ELEC. CODE § 276.016(a).1 This provision does not apply if the public official or election official “provided general information about voting by mail, the vote by mail process, or the timelines associated with voting.”
Tex. Elec. Code § 276.016(a)(1): 2 cases
Longoria v. Paxton, No. 22-50110, 2022 WL 832239 (5th Cir. Mar. 21, 2022).
“” TEX. ELEC. CODE § 276.016(a). “Election official” is statutorily defined but does not include VDRs.”
Warren K. Paxton v. Isabel Longoria Cathy Morgan, 646 S.W.3d 532 (Tex. 2022).
“TEX. ELEC. CODE § 276.016(a).1 This provision does not apply if the public official or election official “provided general information about voting by mail, the vote by mail process, or the timelines associated with voting.”
Tex. Elec. Code § 276.016(a)(2): 1 case
Warren K. Paxton v. Isabel Longoria Cathy Morgan, 646 S.W.3d 532 (Tex. 2022).
“TEX. ELEC. CODE § 276.016(a).1 This provision does not apply if the public official or election official “provided general information about voting by mail, the vote by mail process, or the timelines associated with voting.”
Tex. Elec. Code § 276.016(e)(1): 1 case
Warren K. Paxton v. Isabel Longoria Cathy Morgan, 646 S.W.3d 532 (Tex. 2022).
“TEX. ELEC. CODE § 276.016(a).1 This provision does not apply if the public official or election official “provided general information about voting by mail, the vote by mail process, or the timelines associated with voting.”
Tex. Elec. Code § 276.016(f): 1 case
State of Texas v. Harris Cnty., No. 15-24-00120-CV (Tex. App.—15th Dist. Jan. 14, 2025).
“04 (codified at Tex. Elec. Code § 276.016(f) (noting that the criminal remedy is “cumulative” and that a violation “is subject to injunctive relief or mandamus as provided by this code”)); id.”
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