2005 Texas Election Code CHAPTER 276. MISCELLANEOUS OFFENSES AND OTHER PROVISIONS

ELECTION CODE

CHAPTER 276. MISCELLANEOUS OFFENSES AND OTHER PROVISIONS


	§ 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, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1997, 75th Leg., ch. 864, § 256, eff. Sept. 1, 1997.


	§ 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, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1987, 70th Leg., ch. 489, § 1, eff. Sept. 1, 1987.


	§ 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, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1993, 73rd Leg., ch. 728, § 80, eff. Sept. 1, 1993.


	§ 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, § 1, eff. Jan. 1, 1986.                     


	§ 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, § 59, eff. Sept. 1, 1987.  
Amended by Acts 1999, 76th Leg., ch. 995, § 1, eff. Jan. 1, 2000.


	§ 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, § 1, eff. Sept. 1, 1991.           


	§ 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, § 2.11(a), eff. Sept. 1, 
1987.  Amended by Acts 1989, 71st, ch. 114, § 16, eff. Sept. 1, 
1989.  Renumbered from V.T.C.A. Government Code, § 323.013 and 
amended by Acts 1993, 73rd Leg., ch. 107, § 3A.02, eff. Aug. 30, 
1993;  Amended by Acts 1999, 76th Leg., ch. 1585, § 3, eff. June 
20, 1999.


	§ 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, § 1, eff. Sept. 1, 1995.           


	§ 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, § 19, eff. Sept. 1, 2003.