This section makes illegal voting an offense and sets felony penalties for knowingly or intentionally voting in prohibited ways.
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