Bill > HB5491

This bill creates a new civil liability mechanism for "vote harvesting," which is a term referring to the improper collection or handling of voters' ballots. Specifically, the bill allows candidates who are harmed by vote harvesting services to sue the responsible parties for damages. If a candidate can prove that vote harvesting occurred and that another candidate benefited from those services, they can recover monetary compensation, including the amount paid for the vote harvesting services, the fair market value of any benefits exchanged, a penalty of $250 per affected vote, and legal expenses. Additionally, if the candidate can demonstrate that the number of voters contacted through vote harvesting services exceeded their margin of electoral defeat, they may also recover punitive damages, such as ballot filing fees and potential lost salary from the elected office. The bill ensures that parties found liable for vote harvesting can be jointly responsible for damages, and it creates a standalone cause of action that is cumulative with other existing legal remedies. The new law will take effect on September 1, 2025, and allows lawsuits to be filed in any county where vote harvesting services occurred, with specific procedural exceptions that make it easier for candidates to pursue such claims.

Government Affairs

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB5491