IN VICINITY CODE

Only a court of law can determine what is reasonable in terms of time, place, and manner. Regulating Electioneering Outside 100-Foot MarkerĪn entity that owns or controls a public building being used as a polling place may not prohibit electioneering outside of the 100-foot distance marker. However, the entity may enact reasonable regulations in regards to the time, place, and manner of electioneering. Tex. 1876 (2018).īased on the district court’s ruling, a person may not wear apparel or a similar communicative device relating to a candidate, measure, or political party appearing on the ballot in the current election under Section 61.010, but a person may wear such apparel relating to a candidate, measure, or political party that does not appear on the ballot in the current election. The lawsuit was based on the United States Supreme Court case of Minnesota Voters Alliance v.

IN VICINITY CODE

Hudspeth, et al., a lawsuit challenging the electioneering provisions in Sections 61.003, 61.010, and 85.036 of the Texas Election Code to the extent that such provisions related to voters’ apparel during voting. District Court for the Southern District of Texas issued a final judgment in Ostrewich v. If you or your presiding judges have questions as to what constitutes electioneering, encourage them to contact either your office or our office directly with specific questions. The same prohibition applies to an early voting clerk, per Section 81.002 of the Code.Ī violation of Section 61.003 or 85.036 of the Election Code is a Class C misdemeanor. Tex. While an election judge or early voting clerk has the authority to ensure that electioneering is not occurring within the 100-foot marker, Section 32.075(e) of the Code specifically states that a presiding judge may not enforce electioneering provisions outside of the 100-foot distance markers. This authority enables the early voting clerk or the presiding judge, as appropriate, to use his or her discretion to ensure the safety and efficiency of the early voting and election day polling place and the surrounding 100-foot area. Tex. Please note that the early voting clerk and the presiding judge of each polling place, as appropriate, have the authority of a district judge while serving in that capacity. ElectioneeringĮach early voting and election day polling place must be organized with 100-foot distance markers posted at surrounding outside entrances to the building. The legislation allowing open carry of handguns, does NOT change the law as it pertains to guns in the polling place thus no one except licensed peace officers may carry handguns into the polling place.Īlthough there is no requirement that you place any sort of signage in the polling place in order to inform voters of the unchanged restrictions regarding handguns in the polling place, if you wish to provide a notice to that effect, you may post form AW-7-9a, “Notice of Prohibition of Handguns in the Polling Place.” Alternatively, if you wish to submit your own proposed notice to our office for approval, you may do so by emailing the form to us at such notice must be in English and Spanish as well as any other languages required in your political subdivision.įor more information regarding OAG opinion KP-0212 (PDF) and the situations upon which a presiding judge may carry a handgun in the polling place, please see Advisory 2018-29.

Please note that Section 46.03(a) of the Texas Penal Code generally prohibits a person from bringing a firearm onto the premises of a polling place. However, this prohibition does not apply to a peace officer, regardless of whether the police officer is on or off duty. For this and other potentially applicable exceptions, see Tex.

SOSDirect: Business Searches & FormationsĬertain Activities in Vicinity of Polling PlacesĪs you prepare for the Novemelection, we wish to advise you of state law on several early voting and election day polling place issues.

In vicinity