Tex. Election Code Section 64.012
Illegal Voting

Mentioned in

Mistakes with the Mistake Defense in Texas Criminal Law

St. Mary's Law Journal, January 23, 2023

“When the Texas legislature enacted a comprehensive penal code in 1974, it provided specifically for the defenses of mistake of fact and mistake of law. Unfortunately, the adoption of those provisions reflects a missed opportunity…”
Bibliographic info


A person commits an offense if the person knowingly or intentionally:


votes or attempts to vote in an election in which the person knows the person is not eligible to vote;


votes or attempts to vote more than once in an election;


votes or attempts to vote a ballot belonging to another person, or by impersonating another person;


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


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.


An offense under this section is a felony of the second degree unless the person is convicted of an attempt, in which event it is a state jail felony.


A person may not be convicted solely upon the fact that the person signed a provisional ballot affidavit under Section 63.011 (Provisional Voting) unless corroborated by other evidence that the person knowingly committed the offense.


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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1997, 75th Leg., ch. 864, Sec. 63, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 393, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 123 (S.B. 14), Sec. 16, eff. January 1, 2012.
Acts 2017, 85th Leg., 1st C.S., Ch. 1 (S.B. 5), Sec. 1, eff. December 1, 2017.
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 9.03, eff. December 2, 2021.
Acts 2023, 88th Leg., R.S., Ch. 814 (H.B. 1243), Sec. 1, eff. September 1, 2023.

Source: Section 64.012 — Illegal Voting, https://statutes.­capitol.­texas.­gov/Docs/EL/htm/EL.­64.­htm#64.­012 (accessed Jun. 5, 2024).

Jun. 5, 2024

§ 64.012’s source at texas​.gov