81R5680 ATP-D
By: Carona S.B. No. 1242
A BILL TO BE ENTITLED
AN ACT
relating to the area near a polling place within which
electioneering and loitering are prohibited.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 61.003(a), Election Code, is amended to
read as follows:
(a) A person 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:
(1) within 250 feet of an outside door through which a
voter may enter the building in which a polling place is located; or
(2) within 25 feet of any voter standing in line to
vote at a polling place.
SECTION 2. 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 the area within which electioneering is
prohibited [100 feet of any outside door through which a voter may
enter the building in which the polling place is located].
SECTION 3. Sections 62.013(a) and (b), Election Code, are
amended to read as follows:
(a) An election officer commits an offense if the officer
knowingly posts at a polling place, including the area within which
electioneering is prohibited [100 feet of an outside door through
which a voter may enter the building in which the polling place is
located], a sign, card, poster, or other similar material that:
(1) is not authorized or required by law; or
(2) is in a form or contains information that is not
authorized or required by law.
(b) A person other than an election officer commits an
offense if the person posts a sign, card, poster, or other similar
material at a polling place, including the [100-foot] area within
which electioneering is prohibited [described by Subsection (a)].
SECTION 4. Section 85.036(a), Election Code, is amended to
read as follows:
(a) During 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:
(1) in or within 250 [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; or
(2) within 25 feet of any voter standing in line to
vote at a polling place.
SECTION 5. The change in law made by this Act applies only
to an election ordered on or after the effective date of this Act.
An election ordered before the effective date of this Act is
governed by the law in effect when the election was ordered, and the
former law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2009.