HERO lobbyists risk violating Texas Election Code at RMC

By Anita Alem     11/3/15 12:42pm

Representatives of the Houston Unites coalition, a lobbying group supporting Proposition 1, the Houston Equal Rights Ordinance, were potentially violating Texas election code on Election Day at the Rice Memorial Center polling place. Two members of the group wearing shirts promoting HERO were situated within the RMC less than 10 feet from the entrance to Miner Lounge, where the polling stations were located. They asked passersby whether they were registered to vote and their stance on HERO and offered food to voters.

According to Texas Election Code Title 6 Chapter 61.003, “a person commits an offense if, during the voting period and within 100 feet of an outside door through which a voter may enter the building in which a polling place is located, the person electioneers for or against any candidate, measure, or political party.” A violation is considered to be a Class C misdemeanor.

Trevor Chandler, one of the coalition representatives situated within the RMC, said the group was hoping to get out the vote as much as possible in a race with a slim margin. When asked if he was aware of the legality of being located within the RMC adjacent to the polling place, Chandler said he would be happy to acquiesce if the election official requested they move.

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“We've been here and the polling officials have been here and no polling or election official has told us to move, so as of right now, we've been having a very uneventful time,” Chandler said.

The presiding Election Judge Gwendolyn Claybon said she was unaware of the lobbyists or of the rules against electioneering for specific measures as opposed to candidates.

“I was just told if [a lobbyist] didn’t have any candidate's name on [his] shirt, there’s no problem,” Claybon said. “All they have to do is turn it inside. Just go in the restroom and flip [the shirt] over.”

Claybon, after being shown the Election Code and notified that the lobbyists were not Rice students, asked the individuals to move outside the RMC beyond the distance markers. The lobbyists were compliant.

"I have distance markers outside and they were like, 'I didn't see it,'” Claybon said. “How can you not see that big old sign?"

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