By: Toth H.B. No. 5613
A BILL TO BE ENTITLED
AN ACT
relating to electioneering near a polling place; creating a
criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 61.003, Election Code, is amended by
amending Subsection (a) and adding Subsection (a-2) 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 and is
designated by the presiding judge as the single point of entry, the
person:
(1) loiters; or
(2) electioneers for or against any candidate,
measure, or political party.
(a-2) A person commits an offense if, during the voting
period, the person prohibits electioneering outside the area
described in Subsection (a), including electioneering outside that
area and on the premises of a building in which a polling place is
located.
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 100 feet of the [any] outside door through
which a voter may enter the building in which the polling place is
located designated by the presiding judge as the single point of
entry under Section 61.003(a).
SECTION 3. Section 62.013(a), Election Code, is 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 100
feet of an outside door through which a voter may enter the building
in which the polling place is located designated by the presiding
judge as the single point of entry under Section 61.003(a), 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.
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 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 and
is designated by the presiding judge as the single point of entry
under Section 61.003(a).
SECTION 5. This Act takes effect September 1, 2025..