The Texas offense of Illegal Voting gives police the right to arrest you if they believe you voted when you weren’t supposed to vote or if you committed one of the other enumerated voting-related offenses.
ILLEGAL VOTING ATTORNEY FAQs
This law was enhanced to a felony in 2023 as a result of baseless politically-generated conspiracy theories about widespread illegal voting.
Have you been charged with Illegal Voting? Book a consultation to discuss legal representation with criminal defense attorney Paul Saputo today.
Learn more about the Illegal Voting offense below.
The current Texas law defines the offense of Illegal Voting in Election Code Section §64.012 as follows:
(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.
You can be charged with Illegal Voting if the state’s attorneys believe that each of the elements of 64.012 as described in the section above have been met.
Illegal Voting is punished as a second degree felony, unless the offense was only “attempted” – in which case the offense level is a state jail felony.