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A BILL TO BE ENTITLED
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AN ACT
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relating to the area near a polling place within which |
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electioneering and loitering are prohibited. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 61.003(a), Election Code, is amended to |
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read as follows: |
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(a) A person commits an offense if, during the voting period |
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[and within 100 feet of an outside door through which a voter may
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enter the building in which a polling place is located], the |
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person[:
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[(1)] loiters[;] or |
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[(2)] electioneers for or against any candidate, |
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measure, or political party: |
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(1) within 250 feet of an outside door through which a |
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voter may enter the building in which a polling place is located; or |
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(2) within 25 feet of any voter standing in line to |
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vote at a polling place. |
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SECTION 2. Section 61.010(a), Election Code, is amended to |
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read as follows: |
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(a) Except as provided by Subsection (b), a person may not |
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wear a badge, insignia, emblem, or other similar communicative |
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device relating to a candidate, measure, or political party |
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appearing on the ballot, or to the conduct of the election, in the |
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polling place or within the area within which electioneering is |
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prohibited [100 feet of any outside door through which a voter may
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enter the building in which the polling place is located]. |
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SECTION 3. Sections 62.013(a) and (b), Election Code, are |
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amended to read as follows: |
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(a) An election officer commits an offense if the officer |
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knowingly posts at a polling place, including the area within which |
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electioneering is prohibited [100 feet of an outside door through
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which a voter may enter the building in which the polling place is
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located], a sign, card, poster, or other similar material that: |
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(1) is not authorized or required by law; or |
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(2) is in a form or contains information that is not |
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authorized or required by law. |
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(b) A person other than an election officer commits an |
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offense if the person posts a sign, card, poster, or other similar |
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material at a polling place, including the [100-foot] area within |
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which electioneering is prohibited [described by Subsection (a)]. |
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SECTION 4. Section 85.036(a), Election Code, is amended to |
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read as follows: |
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(a) During the time an early voting polling place is open |
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for the conduct of early voting, a person may not electioneer for or |
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against any candidate, measure, or political party: |
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(1) in or within 250 [100] feet of an outside door |
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through which a voter may enter the building or structure in which |
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the early voting polling place is located; or |
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(2) within 25 feet of any voter standing in line to |
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vote at a polling place. |
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SECTION 5. The change in law made by this Act applies only |
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to an election ordered on or after the effective date of this Act. |
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An election ordered before the effective date of this Act is |
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governed by the law in effect when the election was ordered, and the |
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former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2009. |