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Texas Statutes § 86.0051 Unlawful Carrier Envelope Action By Person Other Than Voter

⤴ Up to Chapter 86: Conduct Of Voting By Mail

Statute Text

(a) A person commits an offense if the person acts as a witness for a voter in signing the certificate on the carrier envelope and knowingly fails to comply with Section 1.011.
(b) A person other than the voter who assists a voter by depositing the carrier envelope in the mail or with a common or contract carrier or who obtains the carrier envelope for that purpose must provide the person's signature, printed name, and residence address on the reverse side of the envelope. The person must sign the envelope using ink on paper. An electronic signature or photocopied signature is not permitted.
(c) A person commits an offense if the person knowingly violates Subsection (b). It is not a defense to an offense under this subsection that the voter voluntarily gave another person possession of the voter's carrier envelope.
(d) An offense under this section is a Class A misdemeanor, unless it is shown on the trial of an offense under this section that the person committed an offense under Section 64.036 for providing unlawful assistance to the same voter in connection with the same ballot, in which event the offense is a state jail felony.
(e) This section does not apply 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.
(f) 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.

History

Amended by Acts 2023 , Texas Acts of the 88th Leg.- Regular Session , ch. 683 , Sec. 2 , eff. 9/1/2023 .

Amended by Acts 2017SP1 , 2017 , ch. 1 , Sec. 11 , eff. 12/1/2017 .

Amended by Acts 2017SP1 , 2017 , ch. 1 , Sec. 10 , eff. 12/1/2017 .

Added by Acts 2003 , 78th Leg., ch. 393 , Sec. 13 , eff. 9/1/2003 .

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