This section makes certain vote-harvesting conduct a third-degree felony and requires election officers to give unredacted investigative records to law enforcement on request.
Sec. 276.015. VOTE HARVESTING. (a) In this section: (1) "Benefit" means anything reasonably regarded as a gain or advantage, including a promise or offer of employment, a political favor, or an official act of discretion, whether to a person or another party whose welfare is of interest to the person. (2) "Vote harvesting services" means in-person interaction with one or more voters, in the physical presence of an official ballot or a ballot voted by mail, intended to deliver votes for a specific candidate or measure. (b) A person commits an offense if the person, directly or through a third party, knowingly provides or offers to provide vote harvesting services in exchange for compensation or other benefit. (c) A person commits an offense if the person, directly or through a third party, knowingly provides or offers to provide compensation or other benefit to another person in exchange for vote harvesting services. (d) A person commits an offense if the person knowingly collects or possesses a mail ballot or official carrier envelope in connection with vote harvesting services. (e) This section does not apply to: (1) an activity not performed in exchange for compensation or a benefit; (2) interactions that do not occur in the presence of the ballot or during the voting process; (3) interactions that do not directly involve an official ballot or ballot by mail; (4) interactions that are not conducted in-person with a voter; or (5) activity that is not designed to deliver votes for or against a specific candidate or measure. (f) An offense under this section is a felony of the third degree. (g) 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. (h) Records necessary to investigate an offense under this section or any other section of this code shall be provided by an election officer in an unredacted form to a law enforcement officer upon request. Records obtained under this subsection are not subject to public disclosure. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 7.04, eff. December 2, 2021.