Engaging in Organized Election Fraud Activity: Texas Election Code §276.012

The 85th Texas Legislature created a new law in 2017 called Engaging in Organized Election Fraud Activity, which makes it a crime to commit or conspire to commit one or more offenses under Titles 1 through 7 of the Texas Election Code with the intent to establish, maintain, or participate in a vote harvesting organization.

This law was enacted by the legislature in 2017 and originally codified in Section 162.014 of the Texas Election Code. In 2019, the legislature redesignated the law to Section 276.012 of the Election Code. As of 2025, the legislature has not further amended this law.

The law took effect on September 1, 2017, and took aim at the widespread delusion of increasing voter fraud.

The law creates its own definition of “conspires to commit.”

The Election Code classifies the Texas Engaging in Organized Election Fraud Activity law under Title 16 “Miscellaneous Provisions,” Chapter 276 “Miscellaneous Offenses and Other Provisions.” Learn more about the Texas offense of Engaging in Organized Election Fraud Activity below.

What is the current Texas law about Engaging in Organized Election Fraud Activity?

AV Preeminent Texas lawyer Paul Saputo provides the current law defining Engaging in Organized Election Fraud Activity in Election Code Section §276.012, as follows:^[1]

(a) A person commits an offense if, with the intent to establish, maintain, or participate in a vote harvesting organization, the person commits or conspires to commit one or more offenses under Titles 1 through 7.

Definition of “Vote Harvesting Organization”

The law defines “vote harvesting organization” to mean “three or more persons who collaborate in committing offenses under Titles 1 through 7, although participants may not know each other’s identity, membership in the organization may change from time to time, and participants may stand in a candidate-consultant, donor-consultant, consultant-field operative, or other arm’s length relationship in the organization’s operations.”^[2]

Definition of “Conspires to Commit”

The law defines “conspires to commit” to mean that “a person agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense and that person and one or more of them perform an overt act in pursuance of the agreement. An agreement constituting conspiring to commit may be inferred from the acts of the parties.”^[3]

What is the penalty for a Texas Engaging in Organized Election Fraud Activity offense?

The law punishes convictions as “one category higher than the most serious offense listed in Subsection (a) that is committed, and if the most serious offense is a Class A misdemeanor, the offense is a state jail felony.”^[4]

What this means is that the grade of misdemeanor or felony will be increased by one degree, such that a Class C misdemeanor would become a Class B Misdemeanor, a Class B Misdemeanor would become a Class A Misdemeanor, a third degree felony would become a second degree felony, and so on.

If you prove the renunciation defense, the penalty enhancement will not apply.

What is the renunciation defense?

The law also provides an interesting affirmative “defense” that would allow a defendant to remove the enhancement by proving “renunciation.”^[5] In order for this to apply, you would have to establish “in voluntary and complete renunciation of the offense,” you withdrew from the vote harvesting organization before commission of the underlying Election Code offense and made substantial effort to prevent the commission of the offense. In that case, the penalty for this offense is the same category of offense as the most serious underlying offense.

How can I be charged with an Engaging in Organized Election Fraud Activity offense in Texas?

You can be charged with Engaging in Organized Election Fraud Activity in Texas if the state’s attorneys believe that each of the elements of §276.012(a), as described in the section above, have been met.

What is the statute of limitations for Engaging in Organized Election Fraud Activity in Texas?

Misdemeanor level Engaging in Organized Election Fraud Activity charges have a two-year limitations period.^[6] Felony level offenses follow the default felony limitations period rule, which specifies a three-year limitations period.^[7]

Can you get probation for Engaging in Organized Election Fraud Activity in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Engaging in Organized Election Fraud Activity, and judges are also allowed to accept deferred adjudication plea deals.^[8]

Note, however, that no matter the offense, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.^[9] Also, judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.^[10]

What level of crime is Engaging in Organized Election Fraud Activity in Texas?

The Election Code classifies the punishment for Engaging in Organized Election Fraud Activity as “one category higher than the most serious” underlying Elections Code offense that is committed.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Election Code §276.012. This law is current as of 2025.^2. Texas Election Code §276.012(d)^3. Texas Election Code §276.012(e)^4. Texas Election Code §276.012(b), as enacted by Section HB 1735, 85th Legislature (RS), Section 62, effective September 1, 2017:

Except as provided by Subsection (c), an offense under this section is one category higher than the most serious offense listed in Subsection (a) that is committed, and if the most serious offense is a Class A misdemeanor, the offense is a state jail felony.

^5. Texas Election Code §276.012(c), as enacted by HB 1735, 85th Legislature (RS), Section 62, effective September 1, 2017:

(c) At the punishment stage of a trial, the defendant may raise the issue as to whether in voluntary and complete renunciation of the offense the defendant withdrew from the vote harvesting organization before commission of an offense listed in Subsection (a) and made substantial effort to prevent the commission of the offense. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is the same category of offense as the most serious offense listed in Subsection (a) that is committed.

^6. Code of Criminal Procedure 12.02(a)^7. See Code of Criminal Procedure 12.01(11)^8. See Chapter 42A, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102^9. Art. 42A.053(c), Texas Code of Criminal Procedure^10. Art. 42A.054(b), Texas Code of Criminal Procedure