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County to Adopt Rules of Electioneering Limiting Signage & Location of Campaigners

By Amy Bearden / Mineral Wells Area News

Electioneers frequently approached voters as they approached the County Annex at the March 5th primaries

The Palo Pinto County voter turnout was impressive in the recent March primaries. According to local voters, election officials, and County leaders, what was NOT so impressive was the behavior of electioneers at the County Annex polling site.

“Something has to be done because so many people were upset,” said Commissioner Gary Glover at their March 25th regular meeting.

Electioneering is the process in which political groups convince voters to cast ballots for or against particular candidates, parties or issues. Electioneering can include the display of campaign posters or signs, distribution of campaign materials, or solicitation of votes for or against any person or political party or position.

Early in the morning before polls opened on March 5th, in the County Annex parking lot Mike Olcott supporters pulled a pickup truck hauling a lengthy flatbed trailer into the parking lot and maneuvered horizontally across many parking spots and stayed there for the entirety of Election Day. The trailer was adorned with Olcott signs and equipped with a bbq grill for cooking. Throughout the day, there were many cars with various campaign signs displayed on or around them across the parking lot. There were also lawn chairs scattered across the parking lot where electioneers would sit and watch as people came to vote. Officials said voters struggled to find parking spaces and were bombarded with electioneering as they walked toward the polling site.

County Judge Shane Long talks to the Commissioner’s Court about some of the new electioneering parameters that will likely be implemented before the next election

The parking lot was often over-filled with campaign volunteers for both state and county elections. Local candidates were also present throughout the day, however the predominantly contentious race was undeniably between Olcott and State Representative Glenn Rogers. Judge Long indicated both parties were participatory in electioneering and neither side was doing anything wrong, despite what it might have felt like to voters walking through the parking lot.

“I don’t think anyone was in violation of any County ordinances because we don’t have any ordinances in place,” said County Judge Shane Long. He continued, “It was happening on both sides.”

Several in the court room, who were also present in the parking lot that day seemingly disagreed with Long’s assessment of the parking lot situation, leaving him to agreeably clarify.

“Now, how they each approached people and what they say, I believe was drastically different. There was a difference in their approach,” concurred Long.

“I had some people tell me they will never go there to vote again,” Commissioner Glover stated.

There are already statutes in State Election Code that prohibit political activity within 100 feet of polling stations, and while it appeared that neither party violated that statute, at least two different times, law enforcement was called to intervene in the parking lot on Election Day.

While no one was charged with any crimes, questionable electioneering behavior is leading the County to adopt new parameters before the next election, which is set for Saturday May 4th.

Long said in addition to the many citizens who complained to officials, two attorneys reached out to the County regarding the electioneering taking place at the County Annex. One attorney was looking to obtain any video the County might have from that day and the other suggested the County establish local rules that are within the parameters of State law that will protect citizens, voters, and the integrity of elections.

“We can’t prohibit electioneering outside the 100 foot marker but we certainly can, according to statute, enact reasonable regulations in regard to time, place, and manner of electioneering,” Judge Long said.

He went on to read the statute to the court which states that reasonable regulations may include prohibiting electioneering on sidewalks and driveways to keep them clear for pedestrians or traffic.

County Commissioners recently adopted a new policy regarding the utilization of County property after the same group who pulled the trailer in the parking lot on Election Day, also utilized the parking lot before a political rally earlier this year without permission. The new policy passed in February established a special use permit which requires groups to obtain a permit eight weeks in advance of an event. Long said they are looking at shortening that wait time, as well as looking at the consistency of the verbiage for the County’s temporary sign ordinance and political sign ordinance policy. Changes in those rules are expected in the coming weeks as well as the adoption of new regulations regarding electioneering.

Long went through a list of changes they are looking to implement and said they would only apply to County owned property used for polling sites during voting periods. He said the new policy would be in the best interest of the citizens of Palo Pinto County.

Some of the changes they hope to adopt include creating designated areas for electioneering, which would be restricted to only the grassy areas of the Annex parking lot, outside the 100 foot marker. If passed, going forward, the parking lot, driveways and sidewalks can not be utilized for campaigning purposes.

The policy would regulate political signs not to exceed 36 square feet or be taller than 8 feet. A maximum of a six signs per candidate will be allowed in the electioneering areas, however there will not be a limit on how many signs a person can hold. Also the policy will prohibit motorized vehicles or other vehicle devices from displaying political signs while parked.

Judge Shane Long shows the court where electioneering will be restricted to in the next election

County business is still conducted on Election Day in the Annex so leaders feel it’s important to add some temporary signage for parking spots for people using the Annex for business purposes and not necessarily voting. They are also looking at adding temporary handicap spots for elderly and disabled.

The newly drafted policy is currently being reviewed by County Attorney Maegan Kostiha and is expected to be adopted by Commissioner’s at an upcoming meeting prior to the May 4th election. The next County meetings are set for April 8th and 22nd.

Commissioners Court discussion on establishing electioneering policies

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