ELECTION CODE
TITLE 6. CONDUCT OF ELECTIONS
CHAPTER 61. CONDUCT OF VOTING GENERALLY
SUBCHAPTER A. GENERAL PROVISIONS
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 1350, § 3, eff. Sept. 1, 1997.
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986.
§ 61.004. UNLAWFUL OPERATION OF 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 vehicle with a loudspeaker while the 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, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 1078, § 3, eff. Sept. 1, 1997; Acts
2003, 78th Leg., ch. 1315, § 19, eff. Jan. 1, 2004.
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 53, eff. Sept. 1, 1997.
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 440, § 1, eff. Sept. 1, 1987; Acts
1987, 70th Leg., ch. 472, § 16, eff. Sept. 1, 1987; Acts 1989,
71st Leg., ch. 2, § 7.04, eff. Aug. 28, 1989; Acts 2003, 78th
Leg., ch. 427, § 1, eff. Sept. 1, 2003.
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 17, eff. Sept. 1, 1987.
Amended by Acts 1997, 75th Leg., ch. 1349, § 24, 25, eff. Sept.
1, 1997.
§ 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, § 1, eff. Sept. 1, 1997.
§ 61.012. ACCESS BY PERSONS WITH
DISABILITIES. (a) Not later than January 1, 2006, each polling
place must provide at least one voting station that:
(1) complies with Section 504 of the federal
Rehabilitation Act of 1973 (29 U.S.C. Section 794) and its
subsequent amendments and Title II of the federal Americans with
Disabilities Act (42 U.S.C. Section 12131 et seq.) and its
subsequent amendments; and
(2) provides a practical and effective means for
voters with physical disabilities to cast a secret ballot.
(b) Subsection (a) applies only to a polling place that uses
an electronic voting system unless the secretary of state certifies
that federal law requires the application of Subsection (a) to all
forms of voting at a polling place.
Acts 2003, 78th Leg., ch. 1315, § 20, eff. Jan. 1, 2004.
SUBCHAPTER B. INTERPRETER
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986.
