Sec. 61.003. ELECTIONEERING AND LOITERING NEAR POLLING PLACE. (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 or within 20 feet of a parking space designated for curbside voting under Section 64.009, the person:
(1) loiters; or
(2) electioneers for or against any candidate, measure, or political party.
(a-1) The entity that owns or controls a public building being used as a polling place may not, at any time during the voting period, prohibit electioneering on the building's premises outside of the area described in Subsection (a), but may enact reasonable regulations concerning the time, place, and manner of electioneering.
(b) In this section:
(1) "Electioneering" includes the posting, use, or distribution of political signs or literature. The term does not include the distribution of a notice of a party convention authorized under Section 172.1114.
(2) "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.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 235 (H.B. 259), Sec. 1, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 235 (H.B. 259), Sec. 2, eff. June 14, 2013.
Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Sec. 12, eff. September 1, 2017.
Acts 2025, 89th Leg., R.S., Ch. 923 (H.B. 521), Sec. 1, eff. September 1, 2025.
Notes of Decisions
Cited in
6
cases (
4 in the last 5 years), 2009–2025 · leading case:
Broyles v. Texas, 618 F. Supp. 2d 661 (S.D. Tex. 2009).
Broyles v. Texas, 618 F. Supp. 2d 661 (S.D. Tex. 2009).
· cites it 2× “• Fort Bend County failed to prevent electioneering within 100 feet of the polls, in violation of Texas Election Code § 61.003. •The appointment of Robert French and Alfred Vahlkamp as election judges for the municipal incorporation vote was improper because according to the…”
Garza v. Starr Cnty., 309 F. Supp. 3d 454 (S.D. Tex. 2018).
· cites it 2× “Although the Use Policy does not define "electioneering," the term is defined by the Election Code as "the posting, use, or distribution of political signs or literature," TEX.”
Ostrewich v. Nelson, 72 F.4th 94 (5th Cir. 2023).
“Tex. Elec. Code § 61.003. Section 85.036 is substantively the same but applies during the early voting period instead of on Election Day itself.”
Ostrewich v. Trautman, No. 4:19-cv-00715 (S.D. Tex. Sept. 14, 2021).
· cites it 4× “Ostrewich seeks a judicial declaration that those three provisions are unconstitutional and an injunction prohibiting Defendants from enforcing them.”
La Union del Pueblo Entero v. Abbott, 151 F.4th 273 (5th Cir. 2025).
“Tex. Elec. Code § 61.003(a), (b)(1). Does Section 208 entitle a blind voter to help from someone holding a candidate’s sign? Doubtful.”
Tex. Elec. Code § 61.003(a): 1 case
La Union del Pueblo Entero v. Abbott, 151 F.4th 273 (5th Cir. 2025).
“Tex. Elec. Code § 61.003(a), (b)(1). Does Section 208 entitle a blind voter to help from someone holding a candidate’s sign? Doubtful.”
Tex. Elec. Code § 61.003(b)(1): 1 case
Garza v. Starr Cnty., 309 F. Supp. 3d 454 (S.D. Tex. 2018).
“Although the Use Policy does not define "electioneering," the term is defined by the Election Code as "the posting, use, or distribution of political signs or literature," TEX.”
Tex. Elec. Code § 61.003(b)(2): 1 case
Garza v. Starr Cnty., 309 F. Supp. 3d 454 (S.D. Tex. 2018).
“Although the Use Policy does not define "electioneering," the term is defined by the Election Code as "the posting, use, or distribution of political signs or literature," TEX.”
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