A. Electioneering will include the posting, use, or distribution of political signs, cards, placards, or literature; including flags, and anything similar that is tangible and designed to call one's attention to a certain candidate and/or proposition. The following shall be exempt from electioneering: wearing of shirts, caps, hats, facial masks, buttons, or similar gear that reflect a political message. With this preface as a foundation to understand what 'electioneering' is defined as, the City of Alamo, Texas hereby declares the following as it pertains to permitted but restricted electioneering conduct near its official polling site, being the Sergeant Fernando de la Rosa Memorial Library, which hereafter may be referred to as 'library':
1. In compliance to Sec. 61.003 (a), of Texas' Election Code, Title 6, Chapter 61, Subchapter A, there shall be no electioneering "during the voting period within one hundred feet (100') of an outside door through which a voter may enter the building in which a polling place is located." The City of Alamo interprets this provision to mean that there can be no electioneering on property less than one hundred feet (100') to the polling sites' entry door; but the City could establish a (reasonable) distance to be more than one hundred feet (100'), especially given the current logistics of perimeter streets, paved parking lots, etc.
2. Whether on public property (ROW, city-owned premises, etc.) or privately owned property (as may be consented by affected property owners to allow electioneers on their private premises), and as it pertains to electioneering near the City's polling site, the City of Alamo will permit for each candidate or a proposition’s campaign, the placement of one (1), but no more than two (2), tents or similar shelter throughout the voting period. There will be no set limit on signage in and around the Electioneering Permissible Area (EIPA), whether on right-of-way or private property, but the City strongly encourages a respectful and reasonable limit be evident per political candidate and/or proposition. There shall be no signage, banner, and/or any other type of political expression posted on, in, or over the following premises as owned by the City of Alamo: City Hall premises, Library premises, Police Department premises, Municipal Court premises.
3. The EIPA is more particularly described as follows:
a. Save and except the twenty feet (20') immediately east of Tower Road as it intersects to Los Alamos Street, the EIPA will include only the elongated area along the south side of Los Alamos Road, east of Tower Road, to the eastern alignment of 4th Street; and
b. Save and except the twenty feet (20') immediately east of Tower as it intersects to Duranta Avenue, east of Tower Road, will include the elongated area along the north side of Duranta, to the eastern alignment of 4th Street. Exhibit A is attached to Ord. 21-04-21 to further depict the two (2) authorized EIPA areas, a copy of which will be readily available in the Office of the City Secretary.
4. To more fully establish a respectful voting experience, as well as promoting traffic- pedestrian safety between the incoming voting public and electioneers, the following shall be imposed:
a. There shall be no typical electioneering on or within the red-lined depicted areas in Exhibit A as attached to Ord. 21-04-21 (inclusive of the no-electioneering twenty foot by twenty foot (20' x 20') triangular corner clip areas at SE Tower/Los Alamos; and on all four (4) corners of Tower/Duranta Avenue which are beyond the permitted EIPA).
b. Electioneering representatives shall not approach moving or non-moving vehicles as they are in the process of participating in the election process.
c. However, there may be electioneering conduct permitted in the form of people carrying a sign(s), etc., along the paved sidewalks along Tower Road, Duranta Avenue, and Los Alamos; but said person(s) shall always be mobile, e.g., keep moving, and shall not use megaphones or other amplification equipment or inventive methods, since such would tend to risk traffic safety (distracting). It is a violation to this regulation if electioneers just stand in one (non-EIPA) sidewalk area to express their vote preference.
d. In a prudent measure to not congest the sidewalks with a sudden influx of mobile electioneers walking up and down Tower Road (which has high traffic patterns), there shall be no more than one (1) person per campaign allowed to sidewalk electioneer per road; hereinafter referred to as “Mobile Sidewalk Electioneering (MSE).’ However, realizing that the number of propositions and number of candidates may fluctuate (increase or decrease) from year to year, the City Manager may adjust the number of MSE persons/campaign for that particular election year.
5. Typical methods of electioneering, as described herein, shall only be permitted in the depicted EIPA area on the south side of Los Alamos Street.
6. On any tents, or similar structures used to provide shelter, that may be used within the appropriate boundaries of the EIPA, no banners, signs, (political) flags, placards, or other political material of whatever material or nature, will be affixed to any part of the tents' structure, inclusive of its' support poles.
7. All tents, or similar structures that provide shelter, plus signs, banners, flags, posters, or any other tangible political messaging, shall be entirely removed from the EIPA no later than one (1) day after the voting ends during the entire pre- election day period. On Election Day, all tents, sheltering structures, signs, banners, flags, posters, or other political messaging will be removed no later than one (1) day after the voting ends.
8. Within the EIPA, there shall be no use of loudspeakers, microphones, megaphones, amplified devices, or any other similar equipment not defined in paragraph A of this Chapter as 'electioneering' on city owned or private property at any time before, during, or after the voting period. It is deemed that such loud amplification messaging is distracting enough that may risk traffic accidents. It is noted that 'voting period' is as defined in Texas' Election Code's Sec. 61.003(a)(2), meaning "the period beginning when the polls open for voting and ending when the polls close or the last voter has voted, whichever is later."
9. There may be a reasonable measure of BBQing, heating, and/or preparing of food in the EIPA so as to have electioneers and their associates properly fed and comfortable. However, each electioneers will provide their own garbage receptacles to properly dispose of their residual trash, napkins, etc.
10. Prior to electioneering representatives departing from the EIPA, they shall pick up any debris, paper, wrappings, refreshment bottles, or other refuse that may be evident.
11. Should there be a change of the polling site and/or an increase of polling site(s), these policies shall be properly amended by the Board of Commissioners, according to legislative protocol; but imposing identical electioneering policies to the new polling site(s).
12. It is expected that all participants in the election process will act and abide by these reasonable measures in good faith. Should there be a perceived violation, the City of Alamo will simply inform the person of the proper code of electioneering conduct. It is stated that if the violation persists, then a verbal warning may be issued; then if the violation still continues, then a written warning may be issued, as well.
13. Penalty: For anyone that blatantly and intentionally continues to violate the terms of these electioneering policies beyond the escalating steps just cited, such person(s) may then be subject to a fine not to exceed one-hundred dollars ($100.00) per occurrence.
14. The electioneering policies shall be enforced in close coordination with the Alamo Police Department by the City Secretary's Office and the City Manager's office, or other staff as may be assigned by them.
15. It is declared and ordained that any and all candidates, their representatives, and any proponent of propositions, shall be provided a copy of these policies; either through being hand-delivered or through electronic transmission (as confirmed through this process). Also, the provisions of these electioneering regulations shall be posted in the City of Alamo's official website at a reasonable tenure prior to the start of the voting period. The electioneering policies shall also be posted in the protective screened bulletin boards of the library (polling site), and the Alamo City Hall.
16. In regard to any tent, equipment, or other items that are brought in by private parties for the shelter and/or comfort of electioneers, the City of Alamo, Texas shall not be responsible for any loss of such items, nor shall the City be responsible for their upkeep or temporary storage if left behind after the close of the voting period ends.
17. It is perceived that not all electioneering issues can be documented since there is a plethora of electioneering variables to factor-in. Therefore, the City Manager's Office shall be delegated the authority to use his/her wisdom and experience, as well as consult as often as necessary with the City Attorney's Office, to resolve all matters or conduct that may challenge the electioneering policies shown herein. (Ord. 21-04-21, 5-4-2021)