Sec. 64.012. ILLEGAL VOTING. (a) A person commits an offense if the person knowingly or intentionally:
(1) votes or attempts to vote in an election in which the person knows the person is not eligible to vote;
(2) votes or attempts to vote more than once in an election;
(3) votes or attempts to vote a ballot belonging to another person, or by impersonating another person;
(4) marks or attempts to mark any portion of another person's ballot without the consent of that person, or without specific direction from that person how to mark the ballot; or
(5) votes or attempts to vote in an election in this state after voting in another state in an election in which a federal office appears on the ballot and the election day for both states is the same day.
(b) An offense under this section is a felony of the second degree unless the person is convicted of an attempt, in which event it is a state jail felony.
(c) A person may not be convicted solely upon the fact that the person signed a provisional ballot affidavit under Section 63.011 unless corroborated by other evidence that the person knowingly committed the offense.
(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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1997, 75th Leg., ch. 864, Sec. 63, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 393, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 123 (S.B. 14), Sec. 16, eff. January 1, 2012.
Acts 2017, 85th Leg., 1st C.S., Ch. 1 (S.B. 5), Sec. 1, eff. December 1, 2017.
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 9.03, eff. December 2, 2021.
Acts 2023, 88th Leg., R.S., Ch. 814 (H.B. 1243), Sec. 1, eff. September 1, 2023.
SUBCHAPTER B. ASSISTING VOTER
Notes of Decisions
Marc Veasey v. Greg Abbott, 830 F.3d 216 (5th Cir. 2016).
· cites it 4× “See TEX. ELEC. CODE § 64.012 historical note (West 2010 & Supp.”
James Alan Jenkins v. State, 468 S.W.3d 656 (Tex. App. 2015).
· cites it 10× “” See Tex. Elec.Code § 64.012. According to the State, knowledge of the law is not relevant to a prosecution for illegal voting, because all the State is required to -prove is that the Residence Inn was not Jenkin’s “domicile, [or] fixed place of habitation, to which he intended…”
Medrano, Carlos v. State, 421 S.W.3d 869 (Tex. App. 2014).
· cites it 2× “Tex. Elec.Code Ann. § 64.012(a). One way is to vote in an election in which a person knows she is not eligible to vote.”
Veasey v. Abbott, 796 F.3d 487 (5th Cir. 2015).
“Tex. Elec.Code § 64.012 note (West Supp. 2014).”
Veasey v. Abbott, 265 F. Supp. 3d 684 (S.D. Tex. 2017).
“See generally, Tex. Elec. Code § 64.012(a). .' The United States is mistaken when it argues that Operation Push placed the burden of proof on those challenging the state’s preferred remedy.”
Mason, Crystal (Tex. Crim. App. 2022).
· cites it 4× “2 Although this amendment was enacted in 2021, it applies to any Texas Election Code section 64.012 offense committed before, on or after the effective date of the Act other than final convictions.”
Crystal Mason v. the State of Texas (Tex. App. 2022).
· cites it 4× “2 Although this amendment was enacted in 2021, it applies to any Texas Election Code section 64.012 offense committed before, on or after the effective date of the Act other than final convictions.”
Mason, Crystal (Tex. Crim. App. 2022).
· cites it 3× “3783 , 3812 (codified at Tex. Elec. Code Ann. § 64.012 (b)). MASON ― 2 2020).”
Adrian Heath v. State (Tex. App. 2016).
· cites it 2× “See Tex. Elec. Code Ann. § 64.012 (b) (West Supp.”
Doyle, Sybil Lea (Tex. App. 2016).
· cites it 2× “]” Tex. Elec. Code Ann. § 64.012 (a)(1). A person alleging a mistake of law must show that she reasonably believed the charged conduct did not constitute a crime, and that she acted in reasonable reliance upon one of the following: 11 (1) an official statement of the law…”
— Tex. Elec. Code § 64.012(a) — 2 cases
Medrano, Carlos v. State, 421 S.W.3d 869 (Tex. App. 2014).
“Tex. Elec.Code Ann. § 64.012(a). One way is to vote in an election in which a person knows she is not eligible to vote.”
Veasey v. Abbott, 265 F. Supp. 3d 684 (S.D. Tex. 2017).
“See generally, Tex. Elec. Code § 64.012(a). .' The United States is mistaken when it argues that Operation Push placed the burden of proof on those challenging the state’s preferred remedy.”
— Tex. Elec. Code § 64.012(a)(1) — 6 cases
James Alan Jenkins v. State, 468 S.W.3d 656 (Tex. App. 2015).
“” See Tex. Elec.Code § 64.012. According to the State, knowledge of the law is not relevant to a prosecution for illegal voting, because all the State is required to -prove is that the Residence Inn was not Jenkin’s “domicile, [or] fixed place of habitation, to which he intended…”
Medrano, Carlos v. State, 421 S.W.3d 869 (Tex. App. 2014).
“Tex. Elec.Code Ann. § 64.012(a). One way is to vote in an election in which a person knows she is not eligible to vote.”
Mason, Crystal (Tex. Crim. App. 2022).
“2 Although this amendment was enacted in 2021, it applies to any Texas Election Code section 64.012 offense committed before, on or after the effective date of the Act other than final convictions.”
Crystal Mason v. the State of Texas (Tex. App. 2022).
“2 Although this amendment was enacted in 2021, it applies to any Texas Election Code section 64.012 offense committed before, on or after the effective date of the Act other than final convictions.”
— Tex. Elec. Code § 64.012(b) — 1 case
James Alan Jenkins v. State, 468 S.W.3d 656 (Tex. App. 2015).
“” See Tex. Elec.Code § 64.012. According to the State, knowledge of the law is not relevant to a prosecution for illegal voting, because all the State is required to -prove is that the Residence Inn was not Jenkin’s “domicile, [or] fixed place of habitation, to which he intended…”
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