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A BILL TO BE ENTITLED
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AN ACT
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relating to electioneering near certain privately owned polling |
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places. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 43.031, Election Code, is amended by |
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amending Subsection (d) and adding Subsection (d-1) to read as |
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follows: |
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(d) If a suitable public building is unavailable, the |
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polling place may be located in some other building, including a |
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building on a federal military base or facility with the permission |
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of the post or base commander, and any charge for its use is an |
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election expense. A polling place may not be located in a building |
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under this subsection unless electioneering is permitted on the |
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building's premises outside any [the] prescribed limits within |
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which electioneering is prohibited, except that a polling place may |
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be located in a building at which electioneering is not permitted if |
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it is the only building available for use as a polling place in the |
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election precinct. |
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(d-1) If the polling place is located in a building owned by |
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a private business, the owner of the business must notify the |
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authority holding the election whether electioneering will be |
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permitted within the area described by Section 61.003(a). |
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SECTION 2. Section 61.003, Election Code, is amended by |
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amending Subsection (a) and adding Subsection (d) to read as |
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follows: |
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(a) Except as provided by Subsection (d), a [A] person |
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commits an offense if, during the voting period and within 100 feet |
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of an outside door through which a voter may enter the building in |
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which a polling place is located, the 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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(d) This section does not apply to a polling place located |
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in a building for which notice was provided under Section |
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43.031(d-1) that electioneering was permitted in the area described |
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by Subsection (a). |
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SECTION 3. 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 100 feet of any outside door through which a |
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voter may enter the building in which the polling place is located. |
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This subsection does not apply to a polling place for which notice |
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was provided under Section 43.031(d-1) that electioneering was |
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permitted in the area described by Section 61.003(a). |
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SECTION 4. Section 62.010(a), Election Code, is amended to |
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read as follows: |
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(a) If electioneering in the area described by Section |
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61.003(a) is prohibited, an [An] election officer shall place one |
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or more distance markers at the outer limits of the area within |
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which electioneering is prohibited. |
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SECTION 5. Section 85.036, Election Code, is amended by |
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amending Subsections (a) and (c) and adding Subsection (b) to read |
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as follows: |
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(a) Except as provided by Subsection (b), during [During] |
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the time an early voting polling place is open for the conduct of |
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early voting, a person may not electioneer for or against any |
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candidate, measure, or political party in or within 100 feet of an |
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outside door through which a voter may enter the building or |
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structure in which the early voting polling place is located. |
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(b) This section does not apply to an early voting polling |
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place located in a building owned by a private business, if the |
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owner of the business notifies the early voting clerk that |
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electioneering is permitted within the area described by Subsection |
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(a). |
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(c) During the early voting period, the early voting clerk |
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shall keep continuously posted: |
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(1) at the entrance to the room or area, as applicable, |
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in which the early voting polling place is located, a sign on which |
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is printed in large letters "Early Voting Polling Place"; and |
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(2) unless electioneering near a polling place is |
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permitted under this section, at the outer limits of the area within |
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which electioneering is prohibited, a sign on which is printed in |
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large letters "Distance Marker. No electioneering between this |
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point and the entrance to the early voting polling place." |
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SECTION 6. This Act takes effect September 1, 2011. |