HBA-CMT, JEK C.S.H.B. 2693 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2693
By: Madden
Elections
4/16/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law prohibits a person from electioneering within 100 feet of a
precinct polling place, or within 30 feet of an early voting polling place.
However, the law does not define the term "electioneering."  C.S.H.B. 2693
defines "electioneering" and prohibits a person from electioneering within
50 feet of the location of a voting or early voting polling place,
including a county courthouse.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 2693 amends the Election Code to prohibit a person from
electioneering within 50 rather than 30 feet of the entrance to a room,
building, or other structure in which a polling place is located during
voting or early voting.  In addition, the bill prohibits a person from
electioneering within 50 rather than 30 feet of an outside door through
which a voter may enter a county courthouse, subcourthouse, or courthouse
annex in which the polling place is located if the commissioners court
issues an order to that effect.  The bill provides that a person commits a
Class C misdemeanor if during the regular voting period the person loiters
or electioneers within 50 rather than 100 feet of an outside door through
which a voter may enter the building in which a polling place is located.
The bill specifies that "electioneering" includes verbally communicating in
any manner with the intention of influencing voters or wearing or holding a
button, sticker, pin, or other paraphernalia relating to a candidate,
measure, or political party. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2693 differs from the original bill by prohibiting a person from
electioneering within 50 feet of the outside door of a polling place or
precinct polling place.  The substitute also changes from 100 to 50 feet
the distance in which a person is prohibited from electioneering near a
door through which a voter may enter a county courthouse, subcourthouse, or
courthouse annex in which a polling place is located.