File #: 13-1011    Name: Regulating Electionering
Type: Ordinance Status: Consent Item
In control: City Council Regular Meeting
On agenda: 10/1/2013 Final action: 10/1/2013
Title: Consider/Discuss/Act on an Ordinance Creating Electioneering Rules and Regulations
Attachments: 1. Ordinance, 2. City Hall Distance Map, 3. Fire Station 5 Distance Map, 4. Fire Station 7 Distance Map, 5. John Judy Gay Library Distance Map, 6. MPAC Distance Map, 7. Senior Center Distance Map
Title
 
Consider/Discuss/Act on an Ordinance Creating Electioneering Rules and Regulations
 
Summary
 
MEETING DATE:      October 1, 2013
 
DEPARTMENT:       City Secretary
 
CONTACT:        Sandy Hart, City Secretary
      Mark Houser, City Attorney
 
RECOMMENDED CITY COUNCIL ACTION:      
·      Adopt Ordinance
 
ITEM SUMMARY:  
    • The ordinance creates rules and regulations regarding electioneering at polling locations when those locations are on City property.
      •  
    • The proposed ordinance  prohibits the following activities and conduct:
      • Electioneering for or against a candidate, measure or political party within 100 feet of an outside door of the polling place during early voting and on election day.  Electioneering is defined as posting, using or distributing political signs or literature.
      • Causing property damage upon City property where a polling place is located.
      • Obstructing firefighting or police activities on City property where a polling place is located.
      • Conducting activities that overload the public's capacity to receive information.
      • Increasing traffic congestion and distractions.
      • Creating a nuisance to persons on City property where a polling place is located or to persons using adjacent public rights-of-way;
      • Placing or posting signs in the public rights-of-way.
    • The proposed ordinance imposes a penalty, up to $500 for any person violating the rules and regulations governing electioneering, as a Class C misdemeanor.
 
BACKGROUND INFORMATION:  
·      The 83rd Texas Legislature, through House Bill 259, amended Sections 61.003 and 85.036 of the Texas Election Code to permit cities to enact reasonable regulations concerning the time, place, and manner of electioneering when a public building is used as a polling place.
 
·      To promote the orderly conduct of elections, it is suggested that the City Council enact an ordinance, relative to these amendments to the Texas Election Code, for the health, safety and welfare of the City's residents and the City's property during early voting periods and on election day.
FINANCIAL SUMMARY:  
·      N/A
 
 
BOARD OR COMMISSION RECOMMENDATION:
·      N/A