Texas Penal Code 33.05 – Tampering with Direct Recording Electronic Voting Machine

WHAT IS TAMPERING WITH DIRECT RECORDING ELECTRONIC VOTING MACHINE IN TEXAS?

The Texas law against tampering with direct recording electronic voting machines prohibits hacking into electronic voting machines, planting hidden codes into the machines’ software, or other means of tampering with election results where the votes are stored electronically.

WHAT IS THE TAMPERING WITH DIRECT RECORDING ELECTRONIC VOTING MACHINE LAW IN TEXAS?

Tex. Penal Code § 33.05. TAMPERING WITH DIRECT RECORDING ELECTRONIC VOTING MACHINE.

(b) 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:

(1) prevents a person from lawfully casting a vote;

(2) changes a lawfully cast vote;

(3) prevents a lawfully cast vote from being counted; or

(4) causes a vote that was not lawfully cast to be counted.

(c) 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.

(d) An offense under this section is a felony of the first degree.

(e) 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.

(f) 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.

WHAT IS THE PENALTY CLASS FOR TAMPERING WITH DIRECT RECORDING ELECTRONIC VOTING MACHINE IN TEXAS?

Tampering with a direct recording electronic voting machine is a first degree felony, punishable by five to 99 years or life in prison. Attempted tampering with a direct recording electronic voting machine is a third degree felony, punishable by two to ten years in prison.

WHAT IS THE PUNISHMENT RANGE FOR TAMPERING WITH DIRECT RECORDING ELECTRONIC VOTING MACHINE IN TEXAS?

Tampering with a direct recording electronic voting machine, a first degree felony, carries between five and 99 years or life in prison, and a maximum $10,000 fine. If charged as a third degree felony attempted tampering with a direct recording electronic voting machine, the punishment range is between two and ten years in prison, and a maximum $10,000 fine.

WHAT ARE THE PENALTIES FOR TAMPERING WITH DIRECT RECORDING ELECTRONIC VOTING MACHINE IN TEXAS?

A person charged with tampering with a direct recording electronic voting machine may be eligible for probation after a conviction, or deferred adjudication without a conviction, for a period not to exceed ten years.

WHAT ARE THE DEFENSES TO TAMPERING WITH DIRECT RECORDING ELECTRONIC VOTING MACHINE IN TEXAS?

The statute does not authorize specific defenses to tampering with a direct recording electronic voting machine. A person accused thereof may attempt to negate at least one of the elements the State must prove at trial.

WHAT IS THE STATUTE OF LIMITATIONS FOR TAMPERING WITH DIRECT RECORDING ELECTRONIC VOTING MACHINE IN TEXAS?

The limitation period for tampering with a direct recording electronic voting machine is three years.

TAMPERING WITH DIRECT RECORDING ELECTRONIC VOTING MACHINE IN TEXAS

Preventing a vote from being cast or counted, changing a lawfully cast vote, or illegally casting a vote by tampering with a direct recording electronic voting machine is punishable as a first degree felony in Texas.