Delete those photos! Is it legal?
by Michael Robinson | Uvalde Hesperian
Voters and other approaching Uvalde’s early voting polling location at the Ssgt. Willie de Leon Civic Center’s Cactus Room entrance may want to review the Texas Election Laws pertaining to cell phones and wireless devices before stepping within 100 foot threshold or you might end up being told you are breaking the law and ordered to delete any photos or video by an election official.
The Uvalde Hesperian visited this early voting location just about 11:30 AM to check to see the report of how many early voters had cast ballots which is posted on a yellow sheet along with several other notices on a large bulletin board just outside of the entrance to the polling place. Having snapped a picture of the sheet of paper, I was met by a poll worker who asked,
“You didn’t take a picture did you?”
I answered by saying took a picture of one of the sheets of paper on the bulletin board and another picture of the outside of the entrance door. (There were no people in the pictures)
The poll worker told me, It’s against the law to take pictures or use cell phones within 100 feet of the polling place.
I responded by saying that I am not engaged in electioneering and am just engaged in news reporting. I insisted the poll worker contact Uvalde County Elections Director Melissa Jones and asked what the Texas State Law prohibits taking a picture. After being on the phone, the election worker pointed to a sheet posted on the bulletin board with the relevant law. I was then told I must delete any pictures from my phone taken within 100 feet of the polling place. I asked if someone wanted to document what the notices on the bulletin board said, they aren’t allowed to take a picture of it?
I got no answer.
Jones came outside and I spoke to her stating there is no sign warning people about using cell phones or taking photography. Jones stated the Uvalde County Elections Office did have something posted on its website. But this evening upon a review of the Uvalde County Elections Office’s website and Facebook page, I could not find anything posted about the relevant election law.
A “No Electioneering ” sign at the sidewalk near the civic center’s parking lot, there are no other posted signs prohibiting cell phones, wireless devices or photography beyond this point.
While I was there, I saw a woman exiting the polling place and recording a video on the lawn in front of the Civic Center. An Election Staff member told her she must delete her video.
According to the Texas Secretary of State Website, the following information was found:
Sec. 61.014. USE OF CERTAIN DEVICES. (a) A person may not use a wireless communication device within 100 feet of a voting station.
(b) A person may not use any mechanical or electronic means of recording images or sound within 100 feet of a voting station.
(c) The presiding judge may require a person who violates this section to turn off the device or to leave the polling place.
(d) This section does not apply to:
(1) an election officer in conducting the officer’s official duties;
(2) the use of election equipment necessary for the conduct of the election; or
(3) a person who is employed at the location in which a polling place is located while the person is acting in the course of the person’s employment.
Based on the Texas Secretary of State law (above), it appears the law does not give election worker permission to demand a person delete a photograph or video or any other content stored on a cellular phone.
The Uvalde Hesperian is planning on seeking legal advice on this law.
