What is Voter Fraud in Texas?

Voter fraud is a term that you’ve probably seen and heard a lot lately. It’s a topic in the current presidential campaign and continues to make headlines in  Texas.

In fact, just this week, there was controversy in Tarrant County on the second day of early voting when a voter claimed a voting machine switched his choice for president.  County leaders said there was no evidence of that, and the voter must have made an incorrect selection.

Concerns about voter fraud, like the incident in Tarrant County, have sparked debates and raised questions about the integrity of the voting process. However, it’s important to understand what voter fraud actually entails and how often it occurs.

So, what is voter fraud, how rampant it is, and when can it lead to criminal prosecution? In this article, we will break down voter fraud laws and answer common questions regarding voter fraud and voting rights in Texas.

What is Voter Fraud?

Voter fraud is a catch-all phrase that refers to a variety of election-related offenses. Generally speaking, “voter fraud” refers to illegal interference in voting, such as voter impersonation, ballot harvesting, vote buying, double voting, or ineligible voting.

How Prevalent is Voter Fraud in Texas?

A database of voter fraud cases established by the conservative think tank Heritage Foundation notes 104 cases of voter fraud statewide since 2005.  It is unclear how many cases are prosecuted locally, as no single agency keeps that information statewide.

However, Tarrant County has had two high-profile voting fraud cases in recent years. Rosa Maria Ortega, a Mexican national with a green card, was convicted in 2017 and sentenced to eight years in prison for voting in the November 2012 election and in the May 2014 primary run-off.

In 2018, Crystal Mason, who was on supervised release for tax fraud, was sentenced to five years in state prison after voting in the November 2016 presidential election. Texas law requires felons to complete their sentence, including supervised release or parole, before they regain the right to vote.

In March 2024, a Texas appeals court overturned her conviction and she was formally acquitted of the felony voting charge. The Second Court of Appeals ruled there was insufficient evidence to prove Mason knew she was ineligible to vote when she cast her ballot.

What Are the Most Common Charges Stemming from Voter Fraud in Texas?

Common voter fraud charges include illegal voting, unlawful assistance of a voter, mail-in ballot or absentee ballot abuse, and ballot harvesting. We’ll take a look at each offense below.

What is Illegal Voting?

One of the most common charges of voter fraud is “Illegal Voting,” which criminalizes voting by ineligible individuals, multiple voting, or voting while impersonating another. According to the Texas Election Code 64.012, a person commits the offense of illegal voting if he or she:

• votes or attempts to vote in an election in which the person knows they are not eligible to vote;
• knowingly votes or attempts to vote more than once in an election;
• knowingly impersonates another person and votes or attempt to vote as the impersonated person; or
• knowingly marks or attempts to mark another person’s ballot without the consent of that person.

What is the Punishment Range for Illegal Voting in Texas?

In 2023, Texas lawmakers raised the penalty for illegal voting from a misdemeanor to a second-degree felony punishable by 2 to 20 years in prison and a maximum $10,000 fine. A person convicted of attempting to vote illegally would be subject to a state jail felony, punishable from six months to two years in a state jail facility and a maximum $10,000 fine.

What is Unlawful Assistance of a Voter?

Another common voter fraud charge is “Unlawful Assistance of a Voter,” which criminalizes assisting ineligible voters, acting against the will of a voter or suggesting to the voter how to vote.

According to Texas Election Code 64.036 (1)-(4), a person commits an offense if the person knowingly:

• provides assistance to a voter who is not eligible for assistance;
• while assisting a voter prepares the voter’s ballot in a way other than the way the voter directors or without direction from the voter;
• while assisting a voter suggests by word, sign, or gesture how the voter should vote; or
• provides assistance to a voter who has not requested assistance or selected the person to assist the voter.

What is the Punishment Range for Unlawful Assistance of a Voter?

Unlawful Assistance of a Voter is a Class A Misdemeanor, punishable by up to a year in jail and a maximum $4,000 fine.

What is Mail-in Ballot and Absentee Ballot Abuse?

Texas law also criminalizes abuses with absentee and mail-in ballots. Section 86 of the Texas Election Code addresses the Conduct of Voting by Mail. It criminalizes:

• Possessing an official ballot or carrier envelope of another (Election Code 86.006);
• Failing to provide required information on the carrier envelope (Election Code 86.010);
• Unlawful carrier envelope action by person other than the voter (Election Code Section 86.0051);
• Possessing 1 to 20 (or more) ballots or carrier envelopes without voter consent (Election Code 86.006); and
• Being paid for ballot collection quotas (Election Code 86.0052).

What is the Punishment for Mail-in Ballot and Absentee Ballot Abuse?

Penalties for offenses under this section range from a Class A misdemeanor to a state jail felony, depending on the specific violation and circumstances.

What is Ballot Harvesting?

Ballot harvesting is the practice of illegally filling out and returning another person’s ballot in an effort to increase votes for the candidate of their choice. The offenders are sometimes political workers or “politqueros” who visit elderly or disabled voters.

In order to “assist” them in the absentee or mail-in ballot process, they fill out the form for the voter, choosing their nominee and not the voter’s choice. Texas law criminalizes a broad range of activities associated with the absentee ballot process including possessing another person’s blank absentee ballot, providing assistance in absentee voting to someone who didn’t ask for it and witnessing more than one absentee ballot in an election.

In October 2018, the Texas Attorney General’s Office indicted four people on 30 felony counts of voter fraud. The defendants were allegedly paid to target elderly voters in certain north Fort Worth precincts in a scheme to general a large number of mail ballots for specific candidates in 2016.

What is the Voter ID Law in Texas?

In 2011, Texas passed one of the strictest Voter ID laws in the country, requiring people to present one of following seven forms of ID to vote:

• Texas Driver’s License
• Texas Election Identification Certification
• Texas ID Card Issued by DPS
• Texas License to Carry Issued by DPS
• US. Military ID with Photo
• U.S. Citizenship Certificate with Photo
• US Passport

If you are registered to vote but do not have any of the seven forms of photo ID listed, you can complete and sign a “declaration of reasonable impediment” and vote if you preset one of the following alternatives:

• Certified Original Birth Certificate
• Valid Voter Registration Card
• Current Utility Bill
• Bank Statement
• Government Check
• Paycheck
• Any Other Original Government Document with Your Name and Address

Can I Take a Picture of Myself Casting a Ballot?

No, taking photos, audio or video near a voting booth is illegal – unless you are an election officer or worker and you’re acting in the course of your employment. Texas prohibits the use of any “wireless communication device” or “any mechanical or electronic means of recording images or sound” within 100 feet of a voting station, according to the Texas Election Code. Texas law doesn’t say what the punishment is for taking a ballot selfie, so most likely, you would be asked to just turn off your device or leave the polling place.

Facing Allegations of Voter Fraud in Texas?

If you or a loved one has been accused of a voting infraction, it’s imperative that you speak to an experienced defense attorney as soon as possible. Our team has decades of experience and a proven record of success. Call 817-203-2220 for a free consultation with a seasoned attorney.