AUSTIN, Texas — Most of us have our phones nearby at all times. But it’s important to remember that when you’re voting in Texas, you’re not allowed to have your phone out.
Under the Texas Election Code, voters are not allowed to use any wireless communications devices within 100 feet of voting stations – defined as the area where a voter marks their ballot. Voters are also not allowed to use mechanical or electronic devices to record sound or images within 100 feet of voting stations.
These devices include but aren’t limited to cellphones, cameras, tablets, laptops, sound recorders, smart watches and drones.
According to the election code, the election judge has the authority to require voters to deactivate any such device and further authority to require anyone who doesn’t comply to leave the polling place.
Can a voter with disabilities use their phone?
The Secretary of State’s Office notes that some voters with disabilities may use programs on their devices to assist them, giving the example of a voter who uses a program to translate verbal communication into sign language.
While that situation isn’t expressly addressed in the Texas Election Code, “an election judge or early voting clerk may use their authority to allow a voter to utilize these programs/applications at their discretion.”
Can voters bring written notes into a voting station?
Yes, voters are allowed to bring written materials into voting stations to help them cast their ballot.
However, the Texas Election Code’s prohibition on electioneering within 100 feet of a polling place does still apply to written materials. Election judges and early voting clerks can use their discretion in determining if a voter is electioneering for or against any candidate, measure or political party through their written materials.
Can poll watchers use their devices? What about election officials?
Poll watchers can’t be in possession of a device capable of recording images or sounds unless they agree to disable or deactivate the device. In fact, poll watchers have to sign an oath stating they don’t have one of these devices in their possession or, if they do, that they will disable or deactivate it while they’re serving as a watcher.
Election officials, however, can use such devices to conduct official duties. Additionally, the prohibition against these devices doesn’t apply to people employed at a business where a polling place is located while they’re doing their job.
Can a police officer use their body camera while at a polling location?
The Texas Secretary of State’s Office recommends turning off police bodycams within 100 feet of a voting station, regardless of whether an officer is on- or off-duty. The office says, “Turning off these devices within the 100-foot zone surrounding the polling place helps to maintain voter privacy while voters are voting at the polling place and are standing in line to be accepted for voting.”