1. Presented by Kristi Clark TASB Legal Services Senior Attorney
Schools as Polling Places 30th Annual Election Law Seminar for Cities, Schools, and Other Political Subdivisions November 28-30, 2018
Presented by Kristi Clark
TASB Legal Services Senior Attorney
This information is provided for educational purposes only to facilitate a general understanding of the law or other regulatory matter. This information is neither an exhaustive treatment on the subject nor is this intended to substitute for the advice of an attorney or other professional advisor. Consult with your attorney or professional advisor to apply these principles to specific fact situations.

2. Today’s Topics Location Legalities & Logistics
Voters, Visitors, Verification
Planning + Preparation
School Safety Center Suggestions

3. Location Legalities
Each polling place must be located in a public building, if practicable.
The entity that owns the public building shall make it available in any election that covers territory in which the building is located.
Tex. Elec. Code §

4. School districts can’t refuse the use of school facilities as polling places.
But they can and should locate polling places to minimize voter interaction with students and disruption to campus operations.

6. Location Logistics Large, open, accessible space Away from students
Outskirts of campus
Auditorium or foyer
Administrative building
Clearly partitioned or segregated with limited points of entrance and exit

7. Voters, Visitors, Verification
No authority for schools to background check voters
Election workers verify voter credentials
Voters who remain on campus after voting become visitors
School employees may request visitor’s id and run through background check system

8. Planning + Preparation
Staff on campus from poll opening to closing
Increased staff &/or volunteers in key areas
Common areas & activities near polling place
Increased pedestrian & vehicle traffic
Morning drop-off
Afternoon pickup
Lunch
Recess

9. Planning + Preparation
Appropriate name tags or badges for all
Advance communication, including website posting, of plans & expectations to parents & community
Law enforcement or security personnel

10. Prohibited Property
Weapons on the premises of a polling place— Tex. Penal Code § 46.03
Firearm
Knife with blade over 5½ inches
Club or other prohibited weapon
Devices within 100 feet of a voting station— Tex. Elec. Code §
Wireless communication devices
Mechanical or electronic means of recording images or sound

11. Prohibited Conduct
Electioneering and loitering within feet of outside entry—Tex. Elec. Code §§ ,
Electioneering includes posting, using, or distributing political signs or literature

12. Prohibited Conduct Enforcement
Within the 100-foot marker: Presiding judge and early voting clerk—Tex. Elec. Code §
Outside the 100-foot marker: School district may enact reasonable regulations concerning time, place, & manner—Tex. Elec. Code § (a-1)
Example: No electioneering on sidewalks or driveways to keep them clear for traffic

13. TxSSC Suggestions
Texas School Safety Center (TxSSC) is a research center at Texas State University responsible for school safety initiatives and providing school safety information.
Every school district must adopt a multihazard emergency operations plan (EOP) that addresses mitigation, preparedness, response, and recovery.

14. TxSSC Suggestions
A school district must include in its EOP a policy for district property used as a polling place.
Board may consult with local law enforcement in developing policy.
Board is not required to obtain or contract for law enforcement or security personnel to secure a polling place.
Failure to comply does not affect requirement to allow use of school facility as a polling place.
Tex. Educ. Code § (e)

15. Download checklist at txssc. txstate
Download checklist at txssc.txstate.edu/tools/law-toolkit/topics/audits

16. Download checklist at txssc. txstate
Download checklist at txssc.txstate.edu/tools/law-toolkit/topics/audits

18. Download checklist at txssc. txstate
Download checklist at txssc.txstate.edu/tools/law-toolkit/topics/audits

19. Kristi Clark TASB Legal Services 800.580.5345 legal@tasb.org?
Kristi Clark TASB Legal Services

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