Texas Election Code 61.001 – Bystanders Excluded; Unlawful Presence of Candidate
(a) Except as permitted by this code and as described by Subsection (a-1), 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.
(a-1) Under this code, a person may be lawfully present in a polling place during the time described by Subsection (a) if the person is:
(1) an election judge or clerk;
(2) a watcher;
(3) the secretary of state;
(4) a staff member of the Elections Division of the Office of the Secretary of State performing an official duty in accordance with this code;
(5) an election official, a sheriff, or a staff member of an election official or sheriff delivering election supplies;
(6) a state inspector;
(7) a person admitted to vote;
(8) a child under 18 years of age who is accompanying a parent who has been admitted to vote;
(9) a person providing assistance to a voter under § 61.032 or 64.032;
(10) a person accompanying a voter who has a disability;
(11) a special peace officer appointed by the presiding judge under § 32.075;
(12) the county chair of a political party conducting a primary election, as authorized by § 172.1113;
(13) a voting system technician, as authorized by § 125.010;
(14) the county election officer, as defined by § 31.091, as necessary to perform tasks related to the administration of the election; or
(15) a person whose presence has been authorized by the presiding judge in accordance with this code.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C misdemeanor | up to $500 |
Terms Used In Texas Election Code 61.001
- Election official: means :
(A) a county clerk;
(B) a permanent or temporary deputy county clerk;
(C) an elections administrator;
(D) a permanent or temporary employee of an elections administrator;
(E) an election judge;
(F) an alternate election judge;
(G) an early voting clerk;
(H) a deputy early voting clerk;
(I) an election clerk;
(J) the presiding judge of an early voting ballot board;
(K) the alternate presiding judge of an early voting ballot board;
(L) a member of an early voting ballot board;
(M) the chair of a signature verification committee;
(N) the vice chair of a signature verification committee;
(O) a member of a signature verification committee;
(P) the presiding judge of a central counting station;
(Q) the alternate presiding judge of a central counting station;
(R) a central counting station manager;
(S) a central counting station clerk;
(T) a tabulation supervisor;
(U) an assistant to a tabulation supervisor; and
(V) a chair of a county political party holding a primary election or a runoff primary election. See Texas Election Code 1.005 - Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Primary election: means an election held by a political party under Chapter 172 to select its nominees for public office, and, unless the context indicates otherwise, the term includes a presidential primary election. See Texas Election Code 1.005
(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.