Texas Codes

Tex. Elec. Code § 61.010 (2026)

Wearing Name Tag Or Badge In Polling Place

✓ current as of May 2026
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Sec. 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, Sec. 17, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 1349, Sec. 24, 25, eff. Sept. 1, 1997.

Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 2018–2024 · leading case: Minnesota Voters All. v. Mansky, 585 U.S. 1 (2018).
Minnesota Voters All. v. Mansky, 585 U.S. 1 (2018). · cites it 2× “of information that advocates for or against any candidate or measure," including the "display of a candidate's name, likeness, or logo," the "display of a ballot measure's number, title, subject, or logo," and "[b]uttons, hats," or "shirts" containing such information); Tex.…”
Ostrewich v. Nelson, 72 F.4th 94 (5th Cir. 2023). “Tex. Elec. Code § 61.010. B. Houston’s 2018 election ballot included a proposition (“Prop B”) to amend the City Charter to guarantee Houston’s firefighters pay parity with the City’s police officers.”
Ostrewich v. Trautman (S.D. Tex. 2021). · cites it 5× “TEX. ELEC. CODE § 61.010(a).8 This provision is broad enough to permit election judges to prohibit T-shirts and other apparel, see Mansky 138 S.”
White Coat Waste Proj. v. Washington Metro. Area Transit Auth. (D.D.C. 2024). “2018), and then Tex. Elec. Code Ann. § 61.010 (a) (West 2010)).”
— Tex. Elec. Code § 61.010(a) — 1 case
Ostrewich v. Trautman (S.D. Tex. 2021). “TEX. ELEC. CODE § 61.010(a).8 This provision is broad enough to permit election judges to prohibit T-shirts and other apparel, see Mansky 138 S.”
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