Toth Bill Measures The 100-Foot Zone From One Door

The text as introduced · 455 words

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..