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A BILL TO BE ENTITLED
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AN ACT
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relating to electioneering on the premises of certain privately |
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owned polling places; creating an offense. |
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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 the prescribed limits within which |
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electioneering is prohibited, except that a polling place may be |
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located in a building at which electioneering is not permitted if it |
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is the only building available for use as a polling place in the |
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election precinct or the building is owned by a private business and |
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the owner of the business has provided notice under Subsection |
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(d-1). |
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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 if electioneering will be prohibited |
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on the privately owned premises of the building outside the area |
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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 (a-1) to read as |
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follows: |
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(a) Except as provided by Subsection (a-1), 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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(a-1) A person commits an offense if, during the voting |
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period and on the privately owned premises of a building in which a |
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polling place is located, the person loiters or electioneers for or |
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against any candidate, measure, or political party if the polling |
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place is located in a building owned by a private business and the |
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owner of the business has provided notice under Section 43.031(d-1) |
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that electioneering is prohibited on the building's privately owned |
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premises. |
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SECTION 3. Section 85.036, Election Code, is amended by |
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amending Subsection (a) and adding Subsection (b) to read as |
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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 commits an offense if the person |
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electioneers [may not electioneer] for or against any candidate, |
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measure, or political party in or within 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. |
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(b) A person commits an offense if, during the early voting |
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period and on the privately owned premises of a building in which a |
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polling place is located, the person electioneers for or against |
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any candidate, measure, or political party if the polling place is |
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located in a building owned by a private business and the owner of |
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the business notifies the early voting clerk that electioneering is |
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prohibited on the building's privately owned premises. |
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SECTION 4. Section 85.036(d), Election Code, is repealed. |
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SECTION 5. This Act takes effect September 1, 2013. |