Texas Attorney General Ken Paxton’s Criminal Prosecutions Division will prosecute Brownsville residents Jose A. Garza and Rafael Elizondo, who were indicted for possessing marked ballots without the consent of the voter, in violation of Section 86.006 of the Texas Election Code.

“Protecting the integrity of elections is essential to our democracy and a top priority of my administration,” said General Paxton. “As long as there are criminals seeking to exploit our system of elections, we stand ready to investigate, prosecute and restore confidence that the will of the people of Texas is heard.”

Elizondo, 64, turned himself into Cameron County authorities on Tuesday, March 17, after being indicted for possessing more than ten marked ballots without the consent of the voter during a 2012 primary runoff election. The charge is a third-degree felony, punishable by confinement in state jail from two to 10 years and a fine of up to $10,000.

Garza, 37, was indicted on five counts of possession of a marked ballot without the consent of the voter in the same election. Garza was arrested Wednesday, February 25, by Attorney General investigators. Each count is a state jail felony, punishable by confinement in state jail from 180 days to two years and a fine of up to $10,000.

The investigation was conducted by the Texas Attorney General’s Office and the FBI, with cooperation from the Cameron County District Attorney’s Office.