Sec. 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, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1997, 75th Leg., ch. 1350, Sec. 3, eff. Sept. 1, 1997.
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