Texas Senate approves tougher penalties for illegal voting. Here's what lawmakers propose.

The Texas Senate has approved a proposal to increase the penalty for illegal voting from a misdemeanor to a second-degree felony despite opponents of the bill calling it an act of voter suppression.

The measure, approved by a 19-12 vote Tuesday, is one of Lt. Gov. Dan Patrick's priorities this legislative session, and the proposal by Sen. Bryan Hughes, R-Mineola, is the first of 30 of the Senate chief's priorities to pass through the chamber and move to the House.

Senate Bill 2 seeks to:

• Reinstitute a felony charge for illegal voting, which was dropped to a misdemeanor in the 2021 legislative session.

• Clarify that if a person knowingly votes despite being aware they are ineligible due to reasons such as felony restrictions, citizenship status, address changes or age, they are subject to a second-degree felony that carries a jail sentence of 2-20 years.

Making the case for SB 2 through hours of debate on the Senate floor Monday, Hughes emphasized that the penalty for illegal voting had been a felony for nearly 50 years before its change last session that lowered the charge to a Class A misdemeanor.

In 2021, Hughes chaired the conference committee on SB 1, a special session voting bill, that paved the way for penalties for illegal voting to be decreased to a misdemeanor.

"We wouldn't want to give folks the impression that we're making some radical change in the law," Hughes said during a hearing Monday. "We're restoring the law to where it was two years ago, I think that's important."

Senate Democrats all voted against the bill during each reading on Monday and Tuesday.

Democrats argued that the bill could set up unassuming voters for a felony prosecution and could create instances in which a provisional ballot submitted by an ineligible voter would be prosecuted regardless of whether the ballot was counted.

"Voting has become a risk," said Sen. Sarah Eckhardt, D-Austin, who asked about the bill's possible impact and prosecution against people who move for college or make a mistake after a change of address. "And that, I don't believe, is what we need to be doing here in a democracy."

To alleviate Democratic concerns over voters who might not know what makes them ineligible, Hughes proposed an amendment Monday to have signage posted at polling places listing the causes for ineligibility.

Hughes amendment did not draw bipartisan support and instead fueled debate on whether the bill criminalizes honest voting mistakes and will further deter and disenfranchise voters.

More:Here's a look at Speaker Phelan's priority bills for the 88th legislative session

"It's not going to welcome anybody. It's not going to inform anybody. It's not going to educate anybody. It's going to scare them away," said Sen. Borris Miles, D-Houston, before crumpling the amendment and tossing it on his desk. "This is pure intimidation and voter suppression, Sen. Hughes, and I'm going to call it what it is."

The amendment was pulled down after Sen. John Whitmire, D-Houston, the chamber's longest-serving member, asked Hughes to recall it.

Hughes obliged and the bill went on to pass without the amendment.

"This is not a helpful," Miles said. "This is a hinderance, and it's going to deter people of all parties from coming to the polls and voting."

This article originally appeared on Austin American-Statesman: Texas Legislature: Senate OKs tougher penalties for illegal voting