02/20/2024
Early voting clerks and presiding judges are difficult to find. Please do not make their jobs more difficult.
Attached is an Election Advisory from Secretary of State Jane Nelson. For those in the tl;dr camp, here is a summation:
Electioneering
Each early voting and election day polling place must be organized with 100-foot distance markers posted at surrounding outside entrances to the building. Please note that the early voting clerk and the presiding judge of each polling place, as appropriate, have the authority of a district judge while serving in that capacity. This authority enables the early voting clerk or the presiding judge, as appropriate, to use his or her discretion to ensure the safety and efficiency of the early voting and election day polling place and the surrounding 100-foot area. Tex. Elec. Code §§ 32.075, 81.002.
While an election judge or early voting clerk has the authority to ensure that electioneering is not occurring within the distance set by the 100-foot marker, Section 32.075(e) of the Code specifically states that a presiding judge may not enforce electioneering provisions outside of the 100-foot distance markers. The same prohibition applies to an early voting clerk, per Section 81.002 of the Code.
During the voting period, it is prohibited to electioneer for or against any candidate, measure, or political party inside the 100-foot area. Tex. Elec. Code §§ 61.003, 85.036. For example, 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, within the 100-foot zone. Tex. Elec. Code § 61.010(a). An election judge, an election clerk, a state or federal election inspector, a certified peace officer, or a special peace officer appointed for the polling place by the presiding judge shall wear while on duty a tag or official badge that indicates their name and title or position. Tex. Elec. Code § 61.010(b). A poll watcher must also wear a badge indicating the person is a poll watcher; the badge will be issued to the poll watcher by the election judge.
A violation of Section 61.003, 61.010(a), or 85.036 of the Election Code is a Class C misdemeanor. Tex. Elec. Code §§ 61.003, 61.010(a), 85.036.
As you prepare for the March 5, 2024 election, we wish to advise you of state law on several early voting and election day polling place issues.
