Sec. 61.003. ELECTIONEERING AND LOITERING NEAR POLLING PLACE. (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, the person:
(1) loiters; or
(2) electioneers for or against any candidate, measure, or political party.
(a-1) The entity that owns or controls a public building being used as a polling place may not, at any time during the voting period, prohibit electioneering on the building's premises outside of the area described in Subsection (a), but may enact reasonable regulations concerning the time, place, and manner of electioneering.
(b) In this section:
(1) "Electioneering" includes the posting, use, or distribution of political signs or literature. The term does not include the distribution of a notice of a party convention authorized under Section 172.1114.
(2) "Voting period" means the period beginning when the polls open for voting and ending when the polls close or the last voter has voted, whichever is later.
(c) An offense under this section is a Class C misdemeanor.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 235 (H.B. 259), Sec. 1, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 235 (H.B. 259), Sec. 2, eff. June 14, 2013.
Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Sec. 12, eff. September 1, 2017.
Structure Texas Statutes
Title 6 - Conduct of Elections
Chapter 61 - Conduct of Voting Generally
Subchapter A. General Provisions
Section 61.001. Bystanders Excluded; Unlawful Presence of Candidate
Section 61.002. Opening and Closing Polling Place for Voting
Section 61.003. Electioneering and Loitering Near Polling Place
Section 61.004. Unlawful Operation of Sound Amplification Device or Sound Truck
Section 61.005. Security of Ballots, Ballot Boxes, and Envelopes
Section 61.006. Unlawfully Divulging Vote
Section 61.007. Unlawfully Revealing Information Before Polls Close
Section 61.008. Unlawfully Influencing Voter
Section 61.009. Instructing Voter on Casting Ballot
Section 61.010. Wearing Name Tag or Badge in Polling Place
Section 61.011. Removing Written Communications Found in Polling Place
Section 61.012. Access by Persons With Disabilities
Section 61.013. Access by Persons With Disabilities: Elections of Certain Political Subdivisions