Senate Bill 738 aims to address election fraud by establishing a new legal provision that classifies the use of absentee ballot drop boxes, the U.S. mail, or commercial carriers in the commission of election fraud as a Class H felony. This new provision is added to the existing statutes under section 12.60 (1) (am), which states that anyone who engages in such activities while violating section 12.13 will face penalties associated with a Class H felony.

Currently, the most severe punishment for election fraud is a Class I felony, which carries a penalty of up to $10,000 in fines or imprisonment for up to three years and six months. By reclassifying certain actions related to election fraud as a Class H felony, this bill increases the potential penalties for those who misuse absentee ballot drop boxes or mail services in the context of election-related offenses. The bill also allows for the Joint Review Committee on Criminal Penalties to be requested to prepare a report due to the creation of this new crime and the revision of penalties.