| 1 | 1 | | 81R248 JRJ-D |
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| 2 | 2 | | By: Raymond H.B. No. 312 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to electioneering near certain privately owned polling |
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| 8 | 8 | | places. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 43.031, Election Code, is amended by |
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| 11 | 11 | | amending Subsection (d) and adding Subsection (d-1) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (d) If a suitable public building is unavailable, the |
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| 14 | 14 | | polling place may be located in some other building, including a |
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| 15 | 15 | | building on a federal military base or facility with the permission |
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| 16 | 16 | | of the post or base commander, and any charge for its use is an |
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| 17 | 17 | | election expense. A polling place may not be located in a building |
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| 18 | 18 | | under this subsection unless electioneering is permitted on the |
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| 19 | 19 | | building's premises outside any [the] prescribed limits within |
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| 20 | 20 | | which electioneering is prohibited, except that a polling place may |
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| 21 | 21 | | be located in a building at which electioneering is not permitted if |
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| 22 | 22 | | it is the only building available for use as a polling place in the |
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| 23 | 23 | | election precinct. |
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| 24 | 24 | | (d-1) If the polling place is located in a building owned by |
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| 25 | 25 | | a private business, the owner of the business must notify the |
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| 26 | 26 | | authority holding the election whether electioneering will be |
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| 27 | 27 | | permitted within the area described by Section 61.003(a). |
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| 28 | 28 | | SECTION 2. Section 61.003, Election Code, is amended by |
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| 29 | 29 | | amending Subsection (a) and adding Subsection (d) to read as |
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| 30 | 30 | | follows: |
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| 31 | 31 | | (a) Except as provided by Subsection (d), a [A] person |
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| 32 | 32 | | commits an offense if, during the voting period and within 100 feet |
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| 33 | 33 | | of an outside door through which a voter may enter the building in |
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| 34 | 34 | | which a polling place is located, the person: |
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| 35 | 35 | | (1) loiters; or |
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| 36 | 36 | | (2) electioneers for or against any candidate, |
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| 37 | 37 | | measure, or political party. |
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| 38 | 38 | | (d) This section does not apply to a polling place located |
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| 39 | 39 | | in a building for which notice was provided under Section |
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| 40 | 40 | | 43.031(d-1) that electioneering was permitted in the area described |
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| 41 | 41 | | by Subsection (a). |
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| 42 | 42 | | SECTION 3. Section 61.010(a), Election Code, is amended to |
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| 43 | 43 | | read as follows: |
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| 44 | 44 | | (a) Except as provided by Subsection (b), a person may not |
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| 45 | 45 | | wear a badge, insignia, emblem, or other similar communicative |
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| 46 | 46 | | device relating to a candidate, measure, or political party |
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| 47 | 47 | | appearing on the ballot, or to the conduct of the election, in the |
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| 48 | 48 | | polling place or within 100 feet of any outside door through which a |
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| 49 | 49 | | voter may enter the building in which the polling place is located. |
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| 50 | 50 | | This subsection does not apply to a polling place for which notice |
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| 51 | 51 | | was provided under Section 43.031(d-1) that electioneering was |
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| 52 | 52 | | permitted in the area described by Section 61.003(a). |
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| 53 | 53 | | SECTION 4. Section 62.010(a), Election Code, is amended to |
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| 54 | 54 | | read as follows: |
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| 55 | 55 | | (a) If electioneering in the area described by Section |
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| 56 | 56 | | 61.003(a) is prohibited, an [An] election officer shall place one |
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| 57 | 57 | | or more distance markers at the outer limits of the area within |
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| 58 | 58 | | which electioneering is prohibited. |
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| 59 | 59 | | SECTION 5. Section 85.036, Election Code, is amended by |
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| 60 | 60 | | amending Subsections (a) and (c) and adding Subsection (b) to read |
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| 61 | 61 | | as follows: |
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| 62 | 62 | | (a) Except as provided by Subsection (b), during [During] |
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| 63 | 63 | | the time an early voting polling place is open for the conduct of |
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| 64 | 64 | | early voting, a person may not electioneer for or against any |
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| 65 | 65 | | candidate, measure, or political party in or within 100 feet of an |
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| 66 | 66 | | outside door through which a voter may enter the building or |
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| 67 | 67 | | structure in which the early voting polling place is located. |
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| 68 | 68 | | (b) This section does not apply to an early voting polling |
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| 69 | 69 | | place located in a building owned by a private business, if the |
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| 70 | 70 | | owner of the business notifies the early voting clerk that |
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| 71 | 71 | | electioneering is permitted within the area described by Subsection |
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| 72 | 72 | | (a). |
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| 73 | 73 | | (c) During the early voting period, the early voting clerk |
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| 74 | 74 | | shall keep continuously posted: |
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| 75 | 75 | | (1) at the entrance to the room or area, as applicable, |
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| 76 | 76 | | in which the early voting polling place is located, a sign on which |
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| 77 | 77 | | is printed in large letters "Early Voting Polling Place"; and |
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| 78 | 78 | | (2) unless electioneering near a polling place is |
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| 79 | 79 | | permitted under this section, at the outer limits of the area within |
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| 80 | 80 | | which electioneering is prohibited, a sign on which is printed in |
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| 81 | 81 | | large letters "Distance Marker. No electioneering between this |
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| 82 | 82 | | point and the entrance to the early voting polling place." |
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| 83 | 83 | | SECTION 6. This Act takes effect September 1, 2009. |
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