Election Integrity

The Kaufman County Criminal District Attorney’s Office is committed to election integrity and prosecuting all criminal conduct committed in violation of the Texas Election Code and/or Texas Penal Code.

The following is a list of criminal conduct (offenses) that are a violation of the Texas Election Code:

§ 276.001. Retaliation Against Voter

1.  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.
2. An offense under this section is a felony of the third degree.

§ 276.003. Unlawful Removal from Ballot Box

1. 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.
2. 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.

§ 276.004. Unlawfully Prohibiting Employee from Voting

1. 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 or while early voting is in progress 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 or while early voting is in progress to vote.
2. 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 or while early voting is in progress for voting for two consecutive hours outside of the voter's working hours.
3. In this section, “penalty” means a loss or reduction of wages or another benefit of employment.
4. An offense under this section is a Class C misdemeanor.

§ 276.010. Unlawful Buying and Selling of Balloting Materials

1. 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.
2. 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.
3. 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.

§ 276.012. Engaging in Organized Election Fraud Activity

1. 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.
2. 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.
3. 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.
4. In this section, “vote harvesting organization” means 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.
5. For purposes of this section, “conspires to commit” means 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.

§ 276.013. Election Fraud

1. A person commits an offense if the person knowingly or intentionally makes any effort to:
   1. influence the independent exercise of the vote of another in the presence of the ballot or during the voting process, including by altering the ballot of another or by otherwise causing a ballot to not reflect the intent of the voter;
   2. cause a voter to become registered, a ballot to be obtained, or a vote to be cast under false pretenses;
   3. cause any false or intentionally misleading statement, representation, or information to be provided:
      1. to an election official; or
      2. on an application for ballot by mail, carrier envelope, or any other official election-related form or document;
   4. prevent a voter from casting a legal ballot in an election in which the voter is eligible to vote;
   5. provide false information to a voter with the intent of preventing the voter from voting in an election in which the voter is eligible to vote;
   6. cause the ballot not to reflect the intent of the voter;
   7. cause a ballot to be voted for another person that the person knows to be deceased or otherwise knows not to be a qualified or registered voter;
   8. cause or enable a vote to be cast more than once in the same election; or
   9. discard or destroy a voter's completed ballot without the voter's consent.
2. An offense under this section is a Class A misdemeanor, unless:
   1. the person committed the offense while acting in the person's capacity as an elected official, in which case the offense is a state jail felony; or
   2. the person is convicted of an attempt, in which case the offense is a Class B misdemeanor.
3. An offense under this section is increased to the next higher category of offense if it is shown on the trial of an offense under this section that:
   1. the defendant was previously convicted of an offense under this code;
   2. the offense involved a voter 65 years of age or older, and the actor was not:
      1. related to the voter within the second degree by affinity or the third degree by consanguinity, as determined under Subchapter B, Chapter 573, Government Code; or
      2. physically living in the same dwelling as the voter at the time of the event; or
   3. the defendant committed another offense under this section in the same election.
4. 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.

§ 276.014. Other Election Offenses

1. A person commits an offense if the person knowingly or intentionally makes any effort to:
   1. count votes the person knows are invalid or alter a report to include votes the person knows are invalid; or
   2. refuse to count votes the person knows are valid or alter a report to exclude votes the person knows are valid.
2. An offense under this section is a felony of the second degree.

§ 276.015. Vote Harvesting

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. An offense under this section is a felony of the third degree.
7. 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.
8. 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.

§ 276.016. Unlawful Solicitation and Distribution of Application to Vote by Mail

1. A public official or election official commits an offense if the official, while acting in an official capacity, knowingly:
   1. solicits the submission of an application to vote by mail from a person who did not request an application;
   2. distributes an application to vote by mail to a person who did not request the application unless the distribution is expressly authorized by another provision of this code;
   3. authorizes or approves the expenditure of public funds to facilitate third-party distribution of an application to vote by mail to a person who did not request the application; or
   4. completes any portion of an application to vote by mail and distributes the application to an applicant.
2. An offense under this section is a state jail felony.
3. Subsection (a)(2) does not apply if the public official or election official engaged in the conduct described by Subsection (a)(2) by providing access to an application to vote by mail from a publicly accessible Internet website.
4. Subsection (a)(4) does not apply if the public official or election official engaged in the conduct described by Subsection (a)(4) while lawfully assisting the applicant under Section 84.003.
5. Subsection (a) does not apply if the public official or election official:
   1. provided general information about voting by mail, the vote by mail process, or the timelines associated with voting to a person or the public; or
   2. engaged in the conduct described by Subsection (a) while acting in the official's capacity as a candidate for a public elective office.
6. The remedy provided under this chapter is cumulative and does not restrict any other remedies provided by this code or by law. A violation of this section is subject to injunctive relief or mandamus as provided by this code.

§ 276.017. Unlawful Distribution of Early Voting Ballots and Balloting Materials

1. The early voting clerk or other election official commits an offense if the clerk or official knowingly mails or otherwise provides an early voting ballot by mail or other early voting by mail ballot materials to a person who the clerk or official knows did not submit an application for a ballot to be voted by mail under Section 84.001.
2. An offense under this section is a Class A misdemeanor.

§ 276.018. Perjury in Connection with Certain Election Procedures

1. A person commits an offense if, with the intent to deceive, the person knowingly or intentionally makes a false statement or swears to the truth of a false statement:
   1. on a voter registration application; or
   2. previously made while making an oath, declaration, or affidavit described by this code.
2. An offense under this section is a state jail felony.

§ 276.019. Unlawful Altering of Election Procedures

A public official or election official may not create, alter, modify, waive, or suspend any election standard, practice, or procedure mandated by law or rule in a manner not expressly authorized by this code.

The following is a list of criminal conduct (offenses) that are a violation of the Texas Penal Code:

§ 36.02. Bribery

1. A person commits an offense if he intentionally or knowingly offers, confers, or agrees to confer on another, or solicits, accepts, or agrees to accept from another:
   1. any benefit as consideration for the recipient's decision, opinion, recommendation, vote, or other exercise of discretion as a public servant, party official, or voter;
   2. any benefit as consideration for the recipient's decision, vote, recommendation, or other exercise of official discretion in a judicial or administrative proceeding;
   3. any benefit as consideration for a violation of a duty imposed by law on a public servant or party official; or
   4. any benefit that is a political contribution as defined by Title 15, Election Code, or that is an expenditure made and reported in accordance with Chapter 305, Government Code, if the benefit was offered, conferred, solicited, accepted, or agreed to pursuant to an express agreement to take or withhold a specific exercise of official discretion if such exercise of official discretion would not have been taken or withheld but for the benefit; notwithstanding any rule of evidence or jury instruction allowing factual inferences in the absence of certain evidence, direct evidence of the express agreement shall be required in any prosecution under this subdivision.
2. It is no defense to prosecution under this section that a person whom the actor sought to influence was not qualified to act in the desired way whether because he had not yet assumed office or he lacked jurisdiction or for any other reason.
3. It is no defense to prosecution under this section that the benefit is not offered or conferred or that the benefit is not solicited or accepted until after:
   1. the decision, opinion, recommendation, vote, or other exercise of discretion has occurred; or
   2. the public servant ceases to be a public servant.
4. It is an exception to the application of Subdivisions (1), (2), and (3) of Subsection (a) that the benefit is a political contribution as defined by Title 15, Election Code, or an expenditure made and reported in accordance with Chapter 305, Government Code.
5. An offense under this section is a felony of the second degree.

§ 33.05. Tampering with Direct Recording Electronic Voting Machine

1. A person commits an offense if the person knowingly accesses a computer, computer network, computer program, computer software, or computer system that is a part of a voting system that uses direct recording electronic voting machines and by means of that access:
2. prevents a person from lawfully casting a vote;
3. changes a lawfully cast vote;
4. prevents a lawfully cast vote from being counted; or
5. causes a vote that was not lawfully cast to be counted.

1. An offense under this section does not require that the votes as affected by the person's actions described by Subsection (b) actually be the votes used in the official determination of the outcome of the election.
2. An offense under this section is a felony of the first degree.
3. Notwithstanding Section 15.01(d), an offense under Section 15.01(a) is a felony of the third degree if the offense the actor intends to commit is an offense under this section.
4. With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to investigate or prosecute an offense under this section.

§ 47.02. Gambling

1. A person commits an offense if he:
   1. makes a bet on the partial or final result of a game or contest or on the performance of a participant in a game or contest;

1. or on the degree of success of any nominee, appointee, or candidate; or
   1. plays and bets for money or other thing of value at any game played with cards, dice, balls, or any other gambling device.

1. It is a defense to prosecution under this section that:
   1. the actor engaged in gambling in a private place;
   2. no person received any economic benefit other than personal winnings; and
   3. except for the advantage of skill or luck, the risks of losing and the chances of winning were the same for all participants.
2. It is a defense to prosecution under this section that the actor reasonably believed that the conduct:
   1. was permitted under Chapter 2001, Occupations Code;
   2. was permitted under Chapter 2002, Occupations Code;
   3. was permitted under Chapter 2004, Occupations Code;
   4. consisted entirely of participation in the state lottery authorized by the State Lottery Act (Chapter 466, Government Code);
   5. was permitted under Subtitle A-1, Title 13, Occupations Code (Texas Racing Act); or
   6. consisted entirely of participation in a drawing for the opportunity to participate in a hunting, fishing, or other recreational event conducted by the Parks and Wildlife Department.
3. An offense under this section is a Class C misdemeanor.
4. It is a defense to prosecution under this section that a person played for something of value other than money using an electronic, electromechanical, or mechanical contrivance excluded from the definition of “gambling device” under Section 47.01(4)(B).

§ 37.10. Tampering with Governmental Record

1. A person commits an offense if he:
   1. knowingly makes a false entry in, or false alteration of, a governmental record;
   2. makes, presents, or uses any record, document, or thing with knowledge of its falsity and with intent that it be taken as a genuine governmental record;
   3. intentionally destroys, conceals, removes, or otherwise impairs the verity, legibility, or availability of a governmental record;
   4. possesses, sells, or offers to sell a governmental record or a blank governmental record form with intent that it be used unlawfully;
   5. makes, presents, or uses a governmental record with knowledge of its falsity; or
   6. possesses, sells, or offers to sell a governmental record or a blank governmental record form with knowledge that it was obtained unlawfully.
2. It is an exception to the application of Subsection (a)(3) that the governmental record is destroyed pursuant to legal authorization or transferred under Section 441.204, Government Code. With regard to the destruction of a local government record, legal authorization includes compliance with the provisions of Subtitle C, Title 6, Local Government Code.

1. (c)(1) Except as provided by Subdivisions (2), (3), (4), and (5), and by Subsection (d), an offense under this section is a Class A misdemeanor unless the actor's intent is to defraud or harm another, in which event the offense is a state jail felony.

1. An offense under this section is a felony of the third degree if it is shown on the trial of the offense that the governmental record was:
   1. a public school record, report, or assessment instrument required under Chapter 39, Education Code, data reported for a school district or open-enrollment charter school to the Texas Education Agency through the Public Education Information Management System (PEIMS) described by Sections 48.008 and 48.009, Education Code, under a law or rule requiring that reporting, or a license, certificate, permit, seal, title, letter of patent, or similar document issued by government, by another state, or by the United States, unless the actor's intent is to defraud or harm another, in which event the offense is a felony of the second degree;
   2. a written report of a medical, chemical, toxicological, ballistic, or other expert examination or test performed on physical evidence for the purpose of determining the connection or relevance of the evidence to a criminal action;
   3. a written report of the certification, inspection, or maintenance record of an instrument, apparatus, implement, machine, or other similar device used in the course of an examination or test performed on physical evidence for the purpose of determining the connection or relevance of the evidence to a criminal action; or
   4. a search warrant issued by a magistrate.
2. An offense under this section is a Class C misdemeanor if it is shown on the trial of the offense that the governmental record is a governmental record that is required for enrollment of a student in a school district and was used by the actor to establish the residency of the student.
3. An offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the governmental record is a written appraisal filed with an appraisal review board under Section 41.43(a-1), Tax Code, that was performed by a person who had a contingency interest in the outcome of the appraisal review board hearing.
4. An offense under this section is a Class B misdemeanor if the governmental record is an application for a place on the ballot under Section 141.031, Election Code, and the actor knowingly provides false information under Subsection (a)(4)(G) of that section.
5. An offense under this section, if it is shown on the trial of the offense that the governmental record is described by Section 37.01(2)(D), is:
   1. a Class B misdemeanor if the offense is committed under Subsection (a)(2) or Subsection (a)(5) and the defendant is convicted of presenting or using the record;
   2. a felony of the third degree if the offense is committed under:
      1. Subsection (a)(1), (3), (4), or (6); or
      2. Subsection (a)(2) or (5) and the defendant is convicted of making the record; and
   3. a felony of the second degree, notwithstanding Subdivisions (1) and (2), if the actor's intent in committing the offense was to defraud or harm another.
6. It is an affirmative defense to prosecution for possession under Subsection (a)(6) that the possession occurred in the actual discharge of official duties as a public servant.
7. It is a defense to prosecution under Subsection (a)(1), (a)(2), or (a)(5) that the false entry or false information could have no effect on the government's purpose for requiring the governmental record.
8. A person is presumed to intend to defraud or harm another if the person acts with respect to two or more of the same type of governmental records or blank governmental record forms and if each governmental record or blank governmental record form is a license, certificate, permit, seal, title, or similar document issued by government.
9. If conduct that constitutes an offense under this section also constitutes an offense under Section 32.48 or 37.13, the actor may be prosecuted under any of those sections.
10. With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this section that involves the state Medicaid program.
11. It is not a defense to prosecution under Subsection (a)(2) that the record, document, or thing made, presented, or used displays or contains the statement “NOT A GOVERNMENT DOCUMENT” or another substantially similar statement intended to alert a person to the falsity of the record, document, or thing, unless the record, document, or thing displays the statement diagonally printed clearly and indelibly on both the front and back of the record, document, or thing in solid red capital letters at least one-fourth inch in height.

ELECTION COMPLAINT FORM