By Juan Montoya
For years, Citizens Against Voting Abuse (CAVA) director Mary Helen Flores has seen politiqueros and politiqueras get arrested, booked, and convicted, spend a day in jail at most, and then walk to harvest votes for local candidates again.
"At most, they spend a day in jail after they have subverted the democratic election process, and determined the outcome of elections with their illegal vote harvesting," Flores said. "Then you see them again standing on street corners with candidates holding up signs. It's very frustrating."
That might change when the Texas Legislature considers passing HB 2139 sponsored by Mike Schofield (R-Katy) a former advisor to Governor Perry. His bill, Flores says, will put teeth into the current Texas Election Code by making organized vote harvesting a crime considered similar to a RICO ( Racketeer Influenced and Corrupt Organizations) offense.
"This bill puts teethe into the Texas Election Code and makes it a felony to participate in organized vote harvesting," Flores said.
The bill would amend Section 276 which addresses organized election fraud by making it a felony crime if, "with the intent to establish, maintain, or participate in a vote harvesting organization, the person commits or conspires to to commit one or more offenses...An offense under this section is one category higher than the most serious offense listed...and if the most serious offense is a Class A misdemeanor, the offense is a state jail felony."
The bill defines a vote-harvesting organization as "three or more persons who collaborate in committing offenses listed in this section of the Elections Code. The participants do not necessarily have to "know each other's identities, the membership may change from time to time, and participants may stand in a candidate-consultant, donor-consultant, consultant-field operative, or other arm's length relationship with the organization's operations."
The bill states that the conspirators' intent to engage in vote harvesting may be inferred from the acts of the parties.
However, there is an opportunity for redemption. Once convicted, at the punishment phase of the trial, the defendant may raise the issue of whether in voluntary and complete renunciation of the offense...(he or she) withdrew from the vote harvesting organization before the commission of the offense...and made substantial effort to prevent the commission of the offense.
However, they must prove they have changed their ways by a preponderance of the evidence they provide the court.
If passed, the Act takes effect September 1, 2017. Flores said she was contacted by Schofield's office and that she may travel to Austin on either March 27 or April 3.