BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 3143

80R6818 JRJ-D                                                                                                    By: Flynn (Patrick)

                                                                                                                                       State Affairs

                                                                                                                                            5/15/2007

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current law prohibits a person from electioneering for or against any candidate, measure, or political party in or within 100 feet of an outside door thorough which a voter may enter the building or structure in which the polling place is located during a period of early or regular voting.  However, complaints have been received regarding the attempts to enforce electioneering laws by overzealous election judges outside of the area within 100 feet of an outside door.

 

H.B. 3143 prohibits election judges and special peace officers from prohibiting electioneering activities beyond the 100 foot marker at a polling place. 

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 32.075, Election Code, by adding Subsection (e) to prohibit the presiding judge or a special peace officer appointed under this section (Law Enforcement Duties and Powers) from enforcing the prohibition against electioneering or loitering outside of the area within which electioneering and loitering are prohibited under Section 61.003 (Electioneering and Loitering Near Polling Place) or 85.036 (Electioneering Prohibited). 

 

SECTION 2.  Effective date: upon passage or September 1, 2007.