Texas Election Code 86.010 – Unlawfully Assisting Voter Voting Ballot by Mail
Current as of: 2024 | Check for updates
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(a) A voter casting a ballot by mail who would be eligible under § 64.031 to receive assistance at a polling place may select a person as provided by § 64.032(c) to assist the voter in preparing the ballot.
(b) Assistance rendered under this section is limited to that authorized by this code at a polling place, except that a voter with a disability who is physically unable to deposit the ballot and carrier envelope in the mail may also select a person as provided by § 64.032(c) to assist the voter by depositing a sealed carrier envelope in the mail.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| State jail felony | between 180 days and 2 years | up to $10,000 |
Terms Used In Texas Election Code 86.010
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Law: means a constitution, statute, city charter, or city ordinance. See Texas Election Code 1.005
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Residence address: means the street address and any apartment number, or the address at which mail is received if the residence has no address, and the city, state, and zip code that correspond to a person's residence. See Texas Election Code 1.005
- Signature: includes the mark of a person unable to write, and "subscribe" includes the making of such a mark. See Texas Government Code 312.011
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) The person assisting the voter must sign a written oath prescribed by § 64.034 that is part of the certificate on the official carrier envelope.
(d) If a voter is assisted in violation of this section, the voter’s ballot may not be counted.
(e) A person who assists a voter to prepare a ballot to be voted by mail shall enter on the official carrier envelope of the voter:
(1) the person’s signature, printed name, and residence address;
(2) the relationship of the person providing the assistance to the voter; and
(3) whether the person received or accepted any form of compensation or other benefit from a candidate, campaign, or political committee in exchange for providing assistance.
(f) A person who assists a voter commits an offense if the person knowingly fails to comply with Subsections (c) and (e).
(g) An offense under this section is a state jail felony.
(h) Subsection (f) does not apply:
(1) to a violation of Subsection (c), if the person is related to the voter within the second degree by affinity or the third degree by consanguinity, as determined under Subchapter B, Chapter 573, Government Code, or was physically living in the same dwelling as the voter at the time of the event; or
(2) to a violation of Subsection (e), if the person is related to the voter within the second degree by affinity or the third degree by consanguinity, as determined under Subchapter B, Chapter 573, Government Code.
(i) An offense under this section for a violation of Subsection (c) is increased to the next higher category of offense if it is shown on the trial of an offense under this section that:
(1) the defendant was previously convicted of an offense under this code;
(2) the offense involved a voter 65 years of age or older; or
(3) the defendant committed another offense under this section in the same election.
(j) 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.