Bill Text: TX SB928 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the regulation of electioneering at a polling location.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-03-12 - Referred to State Affairs [SB928 Detail]
Download: Texas-2013-SB928-Introduced.html
By: Paxton | S.B. No. 928 | |
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relating to the regulation of electioneering at a polling location. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sec. 43.031, Election Code, is amended to read as | ||
follows: | ||
POLLING PLACE IN PUBLIC BUILDING. (a) In this subchapter, | ||
"public building" means a building owned or controlled by the state | ||
or a political subdivision. | ||
(b) Each polling place shall be located inside a building. | ||
(c) The building selected for a polling place shall be a | ||
public building if practicable. The entity that owns or controls a | ||
public building shall make the building available for use as a | ||
polling place in any election that covers territory in which the | ||
building is located, and shall not prohibit electioneering, | ||
including but not limited to posting political signs, on the | ||
building's premises outside the prescribed limits within which | ||
electioneering is prohibited during the voting period. If more | ||
than one authority requests the use of the building for the same day | ||
and simultaneous use is impracticable, the entity that owns or | ||
controls the building shall determine which authority may use the | ||
building. | ||
(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 the prescribed limits within 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. | ||
(e) A polling place may not be located at the residence of a | ||
person who is: | ||
(1) a candidate for an elective office, including an | ||
office of a political party; or | ||
(2) related within the third degree by consanguinity | ||
or the second degree by affinity, as determined under Chapter 573, | ||
Government Code, to a candidate described by Subdivision (1). | ||
(f) The entity that owns or controls a public building | ||
cannot restrict electioneering, including but not limited to | ||
posting political signs, outside the prescribed limits within which | ||
electioneering is prohibited at any time during the voting period. | ||
In this section, the "voting period" begins with the commencement | ||
of early voting by personal appearance defined under Sec. 85.001 | ||
and ends after the polls close on the last day for early voting by | ||
personal appearance for an early voting polling place, and begins | ||
when the polls open on election day and ends when the polls close on | ||
election day for an election day polling place. | ||
SECTION 2. Sec. 85.002, Election Code, is amended as | ||
follows: | ||
MAIN EARLY VOTING POLLING PLACE. (a) Early voting by | ||
personal appearance for each election shall be conducted at the | ||
main early voting polling place. | ||
(b) In an election in which a county clerk or city secretary | ||
is the early voting clerk under Section 83.002 or 83.005, the main | ||
early voting polling place shall be located in any room selected by | ||
the early voting clerk in the building that houses the main business | ||
office of the county clerk or city secretary, as applicable. | ||
However, if the commissioners court or city governing body | ||
determines that locating the polling place in that building is | ||
impracticable, the commissioners court or city governing body may | ||
designate a different location in the city in which the business | ||
office is located that is as near as practicable to the business | ||
office. The polling place must meet the requirements prescribed in | ||
Section 43.031. | ||
(c) In an election in which a county clerk is the early | ||
voting clerk under Section 83.003 or 83.004, the authority | ||
authorized to appoint the clerk shall designate the location of the | ||
main early voting polling place. The location must be in the | ||
territory covered by the election or in any room selected by the | ||
clerk in the building that houses the county clerk's main business | ||
office, whether or not the office is located in the territory | ||
covered by the election. However, if the commissioners court | ||
determines that locating the polling place in that building is | ||
impracticable, the commissioners court may designate a different | ||
location in the city in which the business office is located that is | ||
as near as practicable to the business office. The polling place | ||
must meet the requirements prescribed in Section 43.031. | ||
(d) In an election in which a person other than a county | ||
clerk or city secretary is early voting clerk, the authority | ||
appointing the clerk shall designate the location of the main early | ||
voting polling place. The location must be in the territory covered | ||
by the election. The polling place must meet the requirements | ||
prescribed in Section 43.031. | ||
SECTION 3. Sec. 85.062, Election Code is amended as | ||
follows: | ||
TEMPORARY BRANCH POLLING PLACE. (a) Except as provided by | ||
Subsection (d) or (e), one or more early voting polling places other | ||
than the main early voting polling place may be established by: | ||
(1) the commissioners court, for an election in which | ||
the county clerk is the early voting clerk; or | ||
(2) the governing body of the political subdivision | ||
served by the authority ordering the election, for an election in | ||
which a person other than the county clerk is the early voting | ||
clerk. | ||
(b) A polling place established under this section may be | ||
located, subject to Subsection (d), at any place in the territory | ||
served by the early voting clerk and may be located in any | ||
stationary structure as directed by the authority establishing the | ||
branch office. The polling place may be located in a movable | ||
structure in the general election for state and county officers, | ||
general primary election, or runoff primary election. Ropes or | ||
other suitable objects may be used at the polling place to ensure | ||
compliance with Section 62.004. Persons who are not expressly | ||
permitted by law to be in a polling place shall be excluded from the | ||
polling place to the extent practicable. The polling place must | ||
meet the requirements relating to electioneering prescribed in | ||
Section 43.031. | ||
(c) In any election, the location of a polling place | ||
established under this section shall be fixed at one place for the | ||
duration of the period that voting is required to be conducted at | ||
the polling place. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house. If | ||
this Act does not receive the vote necessary for immediate effect, | ||
this Act takes effect September 1, 2013. |