AUSTIN, Texas — Election Day is officially here. But as Texans cast their ballots, some may need a reminder of the rules for what you can and can't do at a polling place.
You probably already know you can't have your phone out while voting, but that's not the only thing you need to keep in mind.
What can't you wear at a polling place?
Under the Texas Election Code, you can't wear clothing bearing "a badge, insignia, emblem, or other similar communicative device" related to a candidate, measure or political party. This applies even if the candidate or measure isn't part of the current election.
This type of clothing is prohibited within 100 feet of a polling place. An election judge can ask you to remove or cover up whatever it is you're wearing if you get too close.
Voters are also not allowed to use wireless communication devices or devices that can record sound or images within 100 feet of voting stations. That includes cellphones, tablets, sound recorders and more.
Does a bumper sticker on your car count as electioneering?
Electioneering – or the posting, use or distribution of political signs or literature – is prohibited during the voting period and within 100 feet of polling place. That's why if you see campaign signs near a polling place, they're never up close.
One KVUE viewer wanted to know: would having a political bumper sticker on your car count as electioneering? A spokesperson with the Texas Secretary of State's Office said yes, bumper stickers and flags on cars would fall under electioneering if they're within that 100-foot radius – but it would be up to an election judge to intervene or tell the person to move their vehicle.
Parking lots at polling places are also typically either already located 100 feet from the outside doors or will be marked to note where the 100-foot perimeter is.
Can you use a megaphone near a polling place?
In addition to prohibiting wireless communication devices and devices that can record sound or images, the Texas Election Code also prohibits the use of a "sound amplification device to electioneer" within 1,000 feet of the early voting or Election Day polling place.
According to the Secretary of State's Office, "The same prohibition applies to an early voting clerk, per Section 81.002, Election Code. Although the enforcement authority is limited to the 100-foot area, the election judge or early voting clerk may address a violation of this law if the sound is heard within the 100-foot area. As a practical matter, the focus of the election judge and early voting clerk will be on the polling area and the surrounding 100-foot area. As such, and as a best practice, the judge may contact law enforcement to enforce the sound amplification device rule."
Are guns allowed at polling places?
The Secretary of State's Office notes that the Texas Penal Code generally prohibits anyone from bringing a gun onto the premise of a polling place. However, that prohibition does not apply to peace officers, regardless of whether they are on- or off-duty.
The office also notes the state's open carry law does not change the law as it pertains to guns in polling places. No one except licensed peace officers may carry handguns into a polling place.
