CHAPTER 276. MISCELLANEOUS OFFENSES AND OTHER PROVISIONS - Texas Statutes

ELECTION CODE

TITLE 16. MISCELLANEOUS PROVISIONS

CHAPTER 276. MISCELLANEOUS OFFENSES AND OTHER PROVISIONS

Sec. 276.001. RETALIATION AGAINST VOTER. (a) A person commits

an offense if, in retaliation against a voter who has voted for

or against a candidate or measure or a voter who has refused to

reveal how the voter voted, the person knowingly:

(1) harms or threatens to harm the voter by an unlawful act; or

(2) with respect to a voter over whom the person has authority

in the scope of employment, subjects or threatens to subject the

voter to a loss or reduction of wages or another benefit of

employment.

(b) An offense under this section is a felony of the third

degree.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 256, eff. Sept. 1, 1997.

Sec. 276.003. UNLAWFUL REMOVAL FROM BALLOT BOX. (a) A person

commits an offense if the person knowingly or intentionally

removes or attempts to remove voted ballots from a ballot box in

a manner not authorized by law.

(b) An offense under this section is a felony of the third

degree unless the person is convicted of an attempt. In that

case, the offense is a Class A misdemeanor.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 489, Sec. 1, eff. Sept. 1, 1987.

Sec. 276.004. UNLAWFULLY PROHIBITING EMPLOYEE FROM VOTING. (a)

A person commits an offense if, with respect to another person

over whom the person has authority in the scope of employment,

the person knowingly:

(1) refuses to permit the other person to be absent from work on

election day for the purpose of attending the polls to vote; or

(2) subjects or threatens to subject the other person to a

penalty for attending the polls on election day to vote.

(b) It is an exception to the application of this section that

the person's conduct occurs in connection with an election in

which the polls are open on election day for voting for two

consecutive hours outside of the voter's working hours.

(c) In this section, "penalty" means a loss or reduction of

wages or another benefit of employment.

(d) An offense under this section is a Class C misdemeanor.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1993, 73rd Leg., ch. 728, Sec. 80, eff. Sept. 1, 1993.

Sec. 276.005. VOTER'S PRIVILEGE FROM ARREST. A voter may not be

arrested during the voter's attendance at an election and while

going to and returning from a polling place except for treason, a

felony, or a breach of peace.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 276.006. CHANGING ELECTORAL BOUNDARIES OF CERTAIN POLITICAL

SUBDIVISIONS. A change in a boundary of a territorial unit of a

political subdivision other than a county from which an office of

the political subdivision is elected is not effective for an

election unless the date of the order or other action adopting

the boundary change is more than three months before election

day.

Added by Acts 1987, 70th Leg., ch. 472, Sec. 59, eff. Sept. 1,

1987. Amended by Acts 1999, 76th Leg., ch. 995, Sec. 1, eff. Jan.

1, 2000.

Sec. 276.007. STUDENT ELECTION AUTHORIZED. (a) An election for

the participation of students in kindergarten through 12th grade

may be held in conjunction with a general, special, or primary

election as provided by this section.

(b) A student election may be ordered by:

(1) the commissioners court, for a student election held in

conjunction with an election ordered by the governor or a county

authority;

(2) the governing body of a political subdivision, for a student

election held in conjunction with an election of the political

subdivision; or

(3) the county executive committee, for a student election held

in conjunction with a primary election.

(c) A student election may be held only on election day or the

day before election day.

(d) The authority ordering a student election shall specify in

the order each grade that may participate in the election. A

student in a specified grade may enter a precinct polling place

for the purpose of casting an unofficial ballot in the student

election on the same offices and measures that appear on the

official ballot.

(e) The authority ordering a student election shall make the

results of that election available to the public but only after

the polling places are closed on election day.

(f) The election officers serving in the official election may

not serve in the student election. The authority ordering a

student election shall appoint a separate set of election

officers to conduct the student election, supervise the

participating students, and tabulate and report the results of

that election.

(g) Expenses incurred in the conduct of a student election,

including any personnel expenses, may be paid only from private

grant funds or donations.

(h) The secretary of state shall prescribe any procedures

necessary to implement this section and ensure that the conduct

of a student election does not affect the proper and efficient

conduct of a general, special, or primary election.

Added by Acts 1991, 72nd Leg., ch. 887, Sec. 1, eff. Sept. 1,

1991.

Sec. 276.008. INFORMATION PROVIDED TO TEXAS LEGISLATIVE COUNCIL.

(a) On the written request of the Texas Legislative Council,

the secretary of state, a county clerk or county elections

administrator, a city secretary, or a voter registrar shall

provide without charge to the council information or data

maintained by the appropriate officer relating to voter

registration, voter turnout, election returns for statewide,

district, county, precinct, or city offices, or county election

precincts, including precinct maps.

(b) The appropriate officer shall provide the requested

information or data to the council as soon as practicable but not

later than the 30th day after the date the request is received by

that officer.

(c) The information or data shall be provided in a form approved

by the council.

Added by Acts 1987, 70th Leg., ch. 167, Sec. 2.11(a), eff. Sept.

1, 1987. Amended by Acts 1989, 71st, ch. 114, Sec. 16, eff. Sept.

1, 1989. Renumbered from Government Code, Sec. 323.013 and

amended by Acts 1993, 73rd Leg., ch. 107, Sec. 3A.02, eff. Aug.

30, 1993; Amended by Acts 1999, 76th Leg., ch. 1585, Sec. 3, eff.

June 20, 1999.

Sec. 276.009. VOTING BY SEQUESTERED JUROR. (a) The judge of a

court that has issued an order that a jury not be allowed to

separate shall permit a juror reasonable time to vote on election

day.

(b) The court may provide the juror with a means of

transportation to and from the appropriate polling place.

Added by Acts 1995, 74th Leg., ch. 236, Sec. 1, eff. Sept. 1,

1995.

Sec. 276.010. UNLAWFUL BUYING AND SELLING OF BALLOTING

MATERIALS. (a) A person commits an offense if the person buys,

offers to buy, sells, or offers to sell an official ballot,

official ballot envelope, official carrier envelope, signed

application for an early voting mail ballot, or any other

original election record.

(b) This section does not apply to a person who executes a

written contract for the procurement of election supplies

necessary to conduct an election under Section 51.003.

(c) An offense under this section is a state jail felony unless

a voter sells a ballot, ballot envelope, or carrier envelope that

has been provided to the voter by government, in which event the

offense is a Class B misdemeanor.

Added by Acts 2003, 78th Leg., ch. 393, Sec. 19, eff. Sept. 1,

2003.