Bill Text: TX HB153 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to electioneering near certain privately owned polling places.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-02-11 - Referred to Elections [HB153 Detail]
Download: Texas-2011-HB153-Introduced.html
82R1197 JRJ-D | ||
By: Raymond | H.B. No. 153 |
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relating to electioneering near certain privately owned polling | ||
places. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 43.031, Election Code, is amended by | ||
amending Subsection (d) and adding Subsection (d-1) to read as | ||
follows: | ||
(d) If a suitable public building is unavailable, the | ||
polling place may be located in some other building, including a | ||
building on a federal military base or facility with the permission | ||
of the post or base commander, and any charge for its use is an | ||
election expense. A polling place may not be located in a building | ||
under this subsection unless electioneering is permitted on the | ||
building's premises outside any [ |
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which electioneering is prohibited, except that a polling place may | ||
be located in a building at which electioneering is not permitted if | ||
it is the only building available for use as a polling place in the | ||
election precinct. | ||
(d-1) If the polling place is located in a building owned by | ||
a private business, the owner of the business must notify the | ||
authority holding the election whether electioneering will be | ||
permitted within the area described by Section 61.003(a). | ||
SECTION 2. Section 61.003, Election Code, is amended by | ||
amending Subsection (a) and adding Subsection (d) to read as | ||
follows: | ||
(a) Except as provided by Subsection (d), a [ |
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commits an offense if, during the voting period and within 100 feet | ||
of an outside door through which a voter may enter the building in | ||
which a polling place is located, the person: | ||
(1) loiters; or | ||
(2) electioneers for or against any candidate, | ||
measure, or political party. | ||
(d) This section does not apply to a polling place located | ||
in a building for which notice was provided under Section | ||
43.031(d-1) that electioneering was permitted in the area described | ||
by Subsection (a). | ||
SECTION 3. Section 61.010(a), Election Code, is amended to | ||
read as follows: | ||
(a) Except as provided by Subsection (b), a person may not | ||
wear a badge, insignia, emblem, or other similar communicative | ||
device relating to a candidate, measure, or political party | ||
appearing on the ballot, or to the conduct of the election, in the | ||
polling place or within 100 feet of any outside door through which a | ||
voter may enter the building in which the polling place is located. | ||
This subsection does not apply to a polling place for which notice | ||
was provided under Section 43.031(d-1) that electioneering was | ||
permitted in the area described by Section 61.003(a). | ||
SECTION 4. Section 62.010(a), Election Code, is amended to | ||
read as follows: | ||
(a) If electioneering in the area described by Section | ||
61.003(a) is prohibited, an [ |
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or more distance markers at the outer limits of the area within | ||
which electioneering is prohibited. | ||
SECTION 5. Section 85.036, Election Code, is amended by | ||
amending Subsections (a) and (c) and adding Subsection (b) to read | ||
as follows: | ||
(a) Except as provided by Subsection (b), during [ |
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the time an early voting polling place is open for the conduct of | ||
early voting, a person may not electioneer for or against any | ||
candidate, measure, or political party in or within 100 feet of an | ||
outside door through which a voter may enter the building or | ||
structure in which the early voting polling place is located. | ||
(b) This section does not apply to an early voting polling | ||
place located in a building owned by a private business, if the | ||
owner of the business notifies the early voting clerk that | ||
electioneering is permitted within the area described by Subsection | ||
(a). | ||
(c) During the early voting period, the early voting clerk | ||
shall keep continuously posted: | ||
(1) at the entrance to the room or area, as applicable, | ||
in which the early voting polling place is located, a sign on which | ||
is printed in large letters "Early Voting Polling Place"; and | ||
(2) unless electioneering near a polling place is | ||
permitted under this section, at the outer limits of the area within | ||
which electioneering is prohibited, a sign on which is printed in | ||
large letters "Distance Marker. No electioneering between this | ||
point and the entrance to the early voting polling place." | ||
SECTION 6. This Act takes effect September 1, 2011. |