2005 Texas Election Code CHAPTER 61. CONDUCT OF VOTING GENERALLY

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 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, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 2005, 79th Leg., ch. 497, § 1, 2, eff. Sept. 1, 2005.


	§ 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.

Added by 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.