| 1 | 1 | | 81R5680 ATP-D |
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| 2 | 2 | | By: Carona S.B. No. 1242 |
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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 the area near a polling place within which |
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| 8 | 8 | | electioneering and loitering are prohibited. |
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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 61.003(a), Election Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (a) A person commits an offense if, during the voting period |
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| 13 | 13 | | [and within 100 feet of an outside door through which a voter may |
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| 14 | 14 | | enter the building in which a polling place is located], the |
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| 15 | 15 | | person[: |
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| 16 | 16 | | [(1)] loiters[;] or |
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| 17 | 17 | | [(2)] electioneers for or against any candidate, |
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| 18 | 18 | | measure, or political party: |
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| 19 | 19 | | (1) within 250 feet of an outside door through which a |
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| 20 | 20 | | voter may enter the building in which a polling place is located; or |
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| 21 | 21 | | (2) within 25 feet of any voter standing in line to |
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| 22 | 22 | | vote at a polling place. |
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| 23 | 23 | | SECTION 2. Section 61.010(a), Election Code, is amended to |
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| 24 | 24 | | read as follows: |
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| 25 | 25 | | (a) Except as provided by Subsection (b), a person may not |
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| 26 | 26 | | wear a badge, insignia, emblem, or other similar communicative |
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| 27 | 27 | | device relating to a candidate, measure, or political party |
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| 28 | 28 | | appearing on the ballot, or to the conduct of the election, in the |
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| 29 | 29 | | polling place or within the area within which electioneering is |
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| 30 | 30 | | prohibited [100 feet of any outside door through which a voter may |
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| 31 | 31 | | enter the building in which the polling place is located]. |
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| 32 | 32 | | SECTION 3. Sections 62.013(a) and (b), Election Code, are |
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| 33 | 33 | | amended to read as follows: |
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| 34 | 34 | | (a) An election officer commits an offense if the officer |
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| 35 | 35 | | knowingly posts at a polling place, including the area within which |
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| 36 | 36 | | electioneering is prohibited [100 feet of an outside door through |
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| 37 | 37 | | which a voter may enter the building in which the polling place is |
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| 38 | 38 | | located], a sign, card, poster, or other similar material that: |
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| 39 | 39 | | (1) is not authorized or required by law; or |
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| 40 | 40 | | (2) is in a form or contains information that is not |
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| 41 | 41 | | authorized or required by law. |
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| 42 | 42 | | (b) A person other than an election officer commits an |
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| 43 | 43 | | offense if the person posts a sign, card, poster, or other similar |
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| 44 | 44 | | material at a polling place, including the [100-foot] area within |
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| 45 | 45 | | which electioneering is prohibited [described by Subsection (a)]. |
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| 46 | 46 | | SECTION 4. Section 85.036(a), Election Code, is amended to |
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| 47 | 47 | | read as follows: |
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| 48 | 48 | | (a) During the time an early voting polling place is open |
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| 49 | 49 | | for the conduct of early voting, a person may not electioneer for or |
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| 50 | 50 | | against any candidate, measure, or political party: |
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| 51 | 51 | | (1) in or within 250 [100] feet of an outside door |
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| 52 | 52 | | through which a voter may enter the building or structure in which |
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| 53 | 53 | | the early voting polling place is located; or |
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| 54 | 54 | | (2) within 25 feet of any voter standing in line to |
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| 55 | 55 | | vote at a polling place. |
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| 56 | 56 | | SECTION 5. The change in law made by this Act applies only |
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| 57 | 57 | | to an election ordered on or after the effective date of this Act. |
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| 58 | 58 | | An election ordered before the effective date of this Act is |
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| 59 | 59 | | governed by the law in effect when the election was ordered, and the |
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| 60 | 60 | | former law is continued in effect for that purpose. |
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| 61 | 61 | | SECTION 6. This Act takes effect September 1, 2009. |
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