CHAPTER 61. CONDUCT OF VOTING GENERALLY - Texas Statutes

ELECTION CODE

TITLE 6. CONDUCT OF ELECTIONS

CHAPTER 61. CONDUCT OF VOTING GENERALLY

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 61.001. BYSTANDERS EXCLUDED; UNLAWFUL PRESENCE OF

CANDIDATE. (a) Except as permitted by this code, a person may

not be in the polling place from the time the presiding judge

arrives there on election day to make the preliminary

arrangements until the precinct returns have been certified and

the election records have been assembled for distribution

following the election.

(b) A candidate in the election commits an offense if the

candidate is in a polling place during the period described by

Subsection (a) for a purpose other than:

(1) voting; or

(2) official business in the building in which the polling place

is located.

(c) It is an exception to the application of Subsection (b) that

the candidate:

(1) is not within plain view or hearing of the persons in the

voting area or the area in which voters are being accepted for

voting; and

(2) is not engaged in campaign activity.

(d) 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 1997, 75th Leg., ch. 1350, Sec. 3, eff. Sept. 1, 1997.

Sec. 61.002. OPENING POLLING PLACE FOR VOTING. At the official

time for opening the polls for voting, an election officer shall

open the polling place entrance and admit the voters.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 61.003. ELECTIONEERING AND LOITERING NEAR POLLING PLACE

PROHIBITED. (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.

(b) In this section, "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.

Sec. 61.004. UNLAWFUL OPERATION OF SOUND AMPLIFICATION DEVICE OR

SOUND TRUCK. (a) A person commits an offense if, during the

voting period and within 1,000 feet of a building in which a

polling place is located, the person operates a sound

amplification device or a vehicle with a loudspeaker while the

device or loudspeaker is being used for the purpose of:

(1) making a political speech; or

(2) electioneering for or against any candidate, measure, or

political party.

(b) For the purpose of Subsection (a), a person operates a

vehicle with a loudspeaker if the person drives the vehicle, uses

the loudspeaker, or operates sound equipment in connection with

the loudspeaker.

(c) In this section, "voting period" means the period prescribed

by Section 61.003(b).

(d) 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 2005, 79th Leg., Ch.

497, Sec. 1, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

497, Sec. 2, eff. September 1, 2005.

Sec. 61.005. SECURITY OF BALLOTS, BALLOT BOXES, AND ENVELOPES.

(a) From the time a presiding judge receives the official

ballots for an election until the precinct returns for that

election have been certified, the presiding judge shall take the

precautions necessary to prevent access to the ballots, ballot

boxes, and envelopes used for provisional ballots in a manner not

authorized by law.

(b) The ballots, ballot boxes, and envelopes used for

provisional ballots at a polling place shall be in plain view of

at least one election officer from the time the polls open for

voting until the precinct returns have been certified.

(c) A presiding election judge commits an offense if the judge

fails to prevent another person from handling a ballot box

containing voters' marked ballots or an envelope containing a

voter's provisional ballot in an unauthorized manner or from

making an unauthorized entry into the ballot box or envelope. An

offense under this subsection is a Class A misdemeanor.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 1078, Sec. 3, eff. Sept. 1, 1997;

Acts 2003, 78th Leg., ch. 1315, Sec. 19, eff. Jan. 1, 2004.

Sec. 61.006. UNLAWFULLY DIVULGING VOTE. (a) A person commits

an offense if the person was in a polling place for any purpose

other than voting and knowingly communicates to another person

information that the person obtained at the polling place about

how a voter has voted.

(b) An offense under this section is a felony of the third

degree.

(c) This section does not apply to information presented in an

official investigation or other official proceeding in which the

information is relevant.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 53, eff. Sept. 1, 1997.

Sec. 61.007. UNLAWFULLY REVEALING INFORMATION BEFORE POLLS

CLOSE. (a) An election officer, watcher, or other person

serving at a polling place in an official capacity commits an

offense if, before the polls close or the last voter has voted,

whichever is later, the officer, watcher, or other person

reveals:

(1) the number of votes that have been received for a candidate

or for or against a measure;

(2) a candidate's position relative to other candidates in the

tabulation of the votes;

(3) whether a measure is passing or failing; or

(4) the names of persons who have or have not voted in the

election.

(b) An offense under this section is a Class A misdemeanor.

(c) Beginning at 9:30 a.m. and at each subsequent two-hour

interval through 5:30 p.m., the presiding judge shall post

written notice of the total number of voters who have voted in

the precinct. The notice shall be posted at an outside door

through which a voter may enter the building in which the polling

place is located.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 440, Sec. 1, eff. Sept. 1, 1987;

Acts 1987, 70th Leg., ch. 472, Sec. 16, eff. Sept. 1, 1987; Acts

1989, 71st Leg., ch. 2, Sec. 7.04, eff. Aug. 28, 1989; Acts 2003,

78th Leg., ch. 427, Sec. 1, eff. Sept. 1, 2003.

Sec. 61.008. UNLAWFULLY INFLUENCING VOTER. (a) A person

commits an offense if the person indicates to a voter in a

polling place by word, sign, or gesture how the person desires

the voter to vote or not vote.

(b) An offense under this section is a Class B misdemeanor.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 61.009. INSTRUCTING VOTER ON CASTING BALLOT. On the

request of a voter, an election officer shall instruct the voter

on the proper procedure for casting a ballot.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 61.010. WEARING NAME TAG OR BADGE IN POLLING PLACE. (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 any outside door through which a

voter may enter the building in which the polling place is

located.

(b) 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 in the area described by Subsection (a)

a tag or official badge that indicates the person's name and

title or position.

(c) A person commits an offense if the person violates

Subsection (a). An offense under this subsection is a Class C

misdemeanor.

Added by Acts 1987, 70th Leg., ch. 472, Sec. 17, eff. Sept. 1,

1987. Amended by Acts 1997, 75th Leg., ch. 1349, Sec. 24, 25,

eff. Sept. 1, 1997.

Sec. 61.011. REMOVING WRITTEN COMMUNICATIONS FOUND IN POLLING

PLACE. (a) An election officer shall periodically check each

voting station and other areas of the polling place for sample

ballots or other written communications used by voters that were

left or discarded in the polling place.

(b) An election officer shall remove from the sight of the

voters any written communication found under Subsection (a).

Added by Acts 1997, 75th Leg., ch. 112, Sec. 1, eff. Sept. 1,

1997.

Sec. 61.012. ACCESS BY PERSONS WITH DISABILITIES. (a) Except

as provided by Section 61.013, each polling place must provide at

least one voting station that:

(1) complies with:

(A) Section 504 of the federal Rehabilitation Act of 1973 (29

U.S.C. Section 794) and its subsequent amendments;

(B) Title II of the federal Americans with Disabilities Act (42

U.S.C. Section 12131 et seq.) and its subsequent amendments; and

(C) the requirements for accessibility under 42 U.S.C. Section

15481(a)(3) and its subsequent amendments; and

(2) provides a practical and effective means for voters with

physical disabilities to cast a secret ballot.

(b) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1182, Sec. 4,

eff. June 15, 2007.

Acts 2003, 78th Leg., ch. 1315, Sec. 20, eff. Jan. 1, 2004.

Amended by:

Acts 2006, 79th Leg., 3rd C.S., Ch.

5, Sec. 11.02, eff. May 31, 2006.

Acts 2007, 80th Leg., R.S., Ch.

1182, Sec. 2, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1182, Sec. 4, eff. June 15, 2007.

Sec. 61.013. ACCESS BY PERSONS WITH DISABILITIES: ELECTIONS OF

CERTAIN POLITICAL SUBDIVISIONS. (a) For an election other than

an election of a political subdivision that is held jointly with

another election in which a federal office appears on the ballot,

the political subdivision is not required to meet the

requirements of Section 61.012(a)(1)(C) if the political

subdivision:

(1) is a county with a population of less than 2,000;

(2) is a county with a population of 2,000 or more but less than

5,000, and the county provides at least one voting station that

meets the requirements for accessibility under 42 U.S.C. Section

15481(a)(3) on election day;

(3) is a county with a population of 5,000 or more but less than

10,000, and the county provides at least one voting station that

meets the requirements for accessibility under 42 U.S.C. Section

15481(a)(3) on election day and during the period for early

voting by personal appearance;

(4) is a county with a population of 10,000 or more but less

than 20,000, and the county:

(A) makes a showing in the manner provided by Subsection (c)

that compliance with Section 61.012(a)(1)(C) constitutes an undue

burden on the county;

(B) provides at least one voting station that meets the

requirements for accessibility under 42 U.S.C. Section

15481(a)(3) on election day and during the period for early

voting by personal appearance; and

(C) provides a mobile voting station that meets the requirements

for accessibility under 42 U.S.C. Section 15481(a)(3) that during

the period for early voting by personal appearance is deployed at

least once at each polling place used for early voting by

personal appearance; or

(5) is located in a county described by Subdivisions (1)-(4) and

meets the same requirements as the county in which the political

subdivision is located.

(b) A voter with a disability that desires a reasonable

accommodation to vote in an election of a county described by

Subsection (a)(1) or a political subdivision located in that

county shall make a request for the accommodation with the early

voting clerk of the county or political subdivision not later

than the 21st day before the date of the election. On receipt of

the request, the early voting clerk shall make a reasonable

accommodation to allow the voter to cast a vote.

(c) A county or political subdivision may make a showing of

undue burden under Subsection (a)(4)(A) by filing an application

with the secretary of state not later than the 90th day before

the date of the election that states the reasons that compliance

would constitute an undue burden. A showing of an undue burden

may be satisfied by proof that the election costs associated with

compliance with Section 61.012(a)(1)(C) constitute a significant

expense for the county or political subdivision and reflect an

increase of at least 25 percent in the costs of holding an

election as compared to the costs of the last general election

held by the county or political subdivision before January 1,

2006. Not later than the 20th day after the date of receiving an

application under this section, the secretary of state shall

determine whether compliance with Section 61.012(a)(1)(C) is an

undue burden for the county or political subdivision.

(d) A county or political subdivision that intends to use this

section to provide fewer voting stations that meet the

requirements for accessibility under 42 U.S.C. Section

15481(a)(3) than required by Section 61.012(a)(1)(C) must:

(1) provide notice to the secretary of state of that intent not

later than the 90th day before the date of the election; and

(2) for a county described by Subsection (a)(2), (3), or (4), or

a political subdivision located in such a county, publish notice

of the location of each voting station that meets the

requirements for accessibility under 42 U.S.C. Section

15481(a)(3) in a newspaper of general circulation in the county

or political subdivision not later than the 15th day before the

date of the start of the period of early voting by personal

appearance.

(e) For purposes of this section, a political subdivision

located in more than one county may choose:

(1) to be considered located in the county that contains the

greatest number of registered voters of the political

subdivision; or

(2) for each portion of the political subdivision located in a

different county, to be considered a separate political

subdivision.

(f) The secretary of state shall prescribe procedures and adopt

rules as necessary to implement this section.

Added by Acts 2007, 80th Leg., R.S., Ch.

1182, Sec. 3, eff. June 15, 2007.

Sec. 61.014. USE OF CERTAIN DEVICES. (a) A person may not use a

wireless communication device within 100 feet of a voting

station.

(b) A person may not use any mechanical or electronic means of

recording images or sound within 100 feet of a voting station.

(c) The presiding judge may require a person who violates this

section to turn off the device or to leave the polling place.

(d) This section does not apply to:

(1) an election officer in conducting the officer's official

duties;

(2) the use of election equipment necessary for the conduct of

the election; or

(3) a person who is employed at the location in which a polling

place is located while the person is acting in the course of the

person's employment.

Added by Acts 2007, 80th Leg., R.S., Ch.

697, Sec. 1, eff. September 1, 2007.

Renumbered from Election Code, Section 61.013 by Acts 2009, 81st

Leg., R.S., Ch.

87, Sec. 27.001(12), eff. September 1, 2009.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

175, Sec. 1, eff. May 27, 2009.

SUBCHAPTER B. INTERPRETER

Sec. 61.031. USE OF ENGLISH LANGUAGE. (a) Except as provided

by Subsection (b), an election officer may not use a language

other than English in performing an official duty in connection

with the election.

(b) If a voter cannot communicate in English, an election

officer may communicate with the voter in a language that the

voter and the officer understand.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 61.032. INTERPRETER PERMITTED. If an election officer who

attempts to communicate with a voter does not understand the

language used by the voter, the voter may communicate through an

interpreter selected by the voter.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 61.033. ELIGIBILITY TO SERVE AS INTERPRETER. To be

eligible to serve as an interpreter, a person must be a

registered voter of the county in which the voter needing the

interpreter resides.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 61.034. TRANSLATING BALLOT. If a voter cannot comprehend

the language in which the ballot is printed, an interpreter may

accompany the voter to the voting station for the purpose of

translating the ballot to the voter.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 61.035. OATH. Before serving as an interpreter, the person

selected as interpreter must take the following oath administered

by an election officer:

"I swear (or affirm) that, to the best of my ability, I will

correctly interpret and translate each question, answer, or

statement addressed either to the voter by any election officer

or to an election officer by the voter."

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 61.036. TRANSLATION REQUIRED. (a) If an election officer

and a voter communicate in a language other than English, any

other election officer or watcher may request an English

translation of anything communicated in the other language.

(b) If a translation request is made, the election officer

communicating with the voter shall make the translation.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.