EXPLAINER: How SB 2 Would Turn Innocent Voting Mistakes in Texas into Felony-Level Crimes
AUSTIN, Texas -- Texas Republicans are considering increasing the penalty for honest mistakes while voting – from a misdemeanor to a second-degree felony. Our right to vote is the foundation of our democracy and Texas Democrats will stop at nothing to defend that right.
If you recently moved to a new county and Senate Bill 2 becomes law, you'd be at risk for a longer prison sentence than if you kidnapped a child – just by trying to vote.
That may sound unbelievable, but it's true. Under current Texas law, a person has to intend to vote illegally to be convicted for that crime. Senate Bill 2 – Texas Republicans' #2 legislative priority – would get rid of that intent requirement. Instead, a DA would only have to prove that you were aware of a "particular circumstance" that made you ineligible to vote to convict you.
What kind of "circumstances" make you ineligible? You're probably familiar with age and citizenship requirements to vote. But county residency is also an eligibility requirement. If you move to a new county, you're no longer eligible to vote in your old one. Simply knowing which county you live in qualifies as awareness of a "circumstance" making you ineligible to vote, so if you try to vote in your old county, or try to vote without your registration update going through, you could be prosecuted. Your DA could have you arrested and seek a penalty between two to 20 years in jail – greater than the state law penalty for kidnapping.
REAL WORLD EXAMPLE: Dallas-Fort Worth Metroplex
To see how this dangerous bill could play out in the real world, let’s take the fast growing suburbs of the Dallas-Fort Worth Metroplex.
Let’s say you live in any of the following municipalities, all of which are split across multiple counties:
Azle, Burleson, Carrollton, Cedar Hill, Celina, Combine, Coppell, Cresson, Dallas, Ferris, Fort Worth, Flower Mound, Frisco, Glenn Heights, Grand Prairie, Grapevine, Heath, Haslet, Hebron, Lewisville, Mansfield, Mabank, Mineral Wells, Ovilla, Plano, Prosper, Richardson, Rowlett, Royce City, Seagoville, Sachse, Southlake, Trophy Club, Venus, or Westlake.
If you were to move across town – literally, and try to vote at your old voting location (which would still be in town, but technically in a different county), you could be met with a felony prosecution.
“Why give prosecutors unchecked power to prosecute honest mistakes?” asks Texas Democratic Party Chairman Gilberto Hinojosa. “Republican politicians are betting that if they scare away enough voters of either party, and give prosecutors free rein to make an example of someone from the opposite party, election results will come out in their favor. Or if the results don't go their way, they can kick up enough dust to undermine confidence in them. There's really no other explanation for this bill that makes sense.”
We as Texans don't appreciate attempts at intimidation, and certainly not from politicians too afraid to face their own voters.
Call your elected officials and tell them to vote against SB 2.
And know that as Texas Democrats, we'll keep pushing to restore – not criminalize – the right to vote for all Texans, no matter where in the state you live, which party you support, or whether your local DA is a Republican or Democrat.
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