The Libertarian Party of Texas (LPTexas) strongly opposes House Bill 5115, which seeks to escalate penalties for election fraud offenses by converting what are currently Class A and B misdemeanors into second- and first-degree felonies. This legislation represents a dangerous and unnecessary expansion of state power with disproportionate consequences.

Between 2004 and 2020, there were only 138 convictions for election fraud-related crimes in the entire state of Texas. A smaller subset of those convictions would fall under the categories expanded by this bill. This data demonstrates that election fraud is already rare—and certainly not rampant enough to justify ratcheting up criminal penalties to this extreme degree.

Under HB 5115, a person convicted of election fraud while serving as an elected official could face a first-degree felony charge. In Texas, this can carry a penalty of up to life in prison. This is a staggering escalation from a Class B misdemeanor, which at most results in a $2,000 fine and 180 days in jail. Such a leap in punishment is not only unjustifiable given the infrequency and often minor nature of these offenses, but is entirely incompatible with the Libertarian principle of proportional justice.

LPTexas believes that government exists only to defend individual rights and should wield force only in response to actual harm. Election integrity is important, and we advocate for verifiable balloting, transparent counting, and reform of partisan control over elections, but we reject the notion that imprisoning individuals for decades—potentially for clerical errors or non-violent infractions—strengthens democracy.

Instead of turning election administration into a minefield of felony exposure, Texas should focus on increasing access, transparency, and accountability in its electoral process without relying on the blunt instrument of extreme criminal penalties.

We call on lawmakers to reject HB 5115 and stand against the ongoing overcriminalization of our civic institutions.