100 foot rule of elections

[Teamless]

I wonder how that would work in court

If there are contradicting laws, I think either law is acceptable and in court, you would have a justification for following the law you followed, because you did not 'break' the CHL law, instead you 'followed" it.

[MoJo]

Since no one can find a reference to this in either the CHL statutes or the election statute let's all just leave our guns in our vehicles go vote then go to Dairy Queen for a Blizzard®. Concealed is concealed and if you act right nobody is going to suspect or know there is a gun in your vehicle.

[jocat54]

Since no one can find a reference to this in either the CHL statutes or the election statute let's all just leave our guns in our vehicles go vote then go to Dairy Queen for a Blizzard®. Concealed is concealed and if you act right nobody is going to suspect or know there is a gun in your vehicle.

Same could apply to a polling location--just saying--I wouldn't do it though.

[wgoforth]

Since no one can find a reference to this in either the CHL statutes or the election statute let's all just leave our guns in our vehicles go vote then go to Dairy Queen for a Blizzard®. Concealed is concealed and if you act right nobody is going to suspect or know there is a gun in your vehicle.

Oh I absolutly agree, I just like to figure where the 100 ft rule even came from. At least with "no church carry" I understand their confusion. It once was law, but later amended. We were told 100 feet at Instructor training, I hear and see that repeated everywhere... now trying to find what the basis for it is.

[bizarrenormality]

It is appearing the State Election Code's defintion of premisis must contradict the Penal Code's defintion. Since both carry weight of law, I wonder how that would work in court

The election code definition of premises applies to election code violations like signs and name tags.
The penal code definition of premises applies to penal code violations like good guys carrying guns.

[srothstein]

It is appearing the State Election Code's defintion of premisis must contradict the Penal Code's defintion. Since both carry weight of law, I wonder how that would work in court

The election code definition of premises applies to election code violations like signs and name tags.
The penal code definition of premises applies to penal code violations like good guys carrying guns.

This is one of the things I would not bet on. I tend to agree with you but I think case law may say otherwise. We have previously discussed this problem with the definition of premises between the Penal Code and the Alcoholic Beverage Code. There is a lot of old case law on the ABC and what is a licensed premise. I don't know if any cases have occurred since 46.035 added a different definition though.

This is one area I will generally advise people to tread very lightly. If you make a mistake, it might be a good defense to use. But until someone else volunteers to be a test case, I suggest leaving the gun more than 100 feet from the polling place.

[MoJo]

Amen brother Steve.

[wgoforth]

It is appearing the State Election Code's defintion of premisis must contradict the Penal Code's defintion. Since both carry weight of law, I wonder how that would work in court

The election code definition of premises applies to election code violations like signs and name tags.
The penal code definition of premises applies to penal code violations like good guys carrying guns.

This is one of the things I would not bet on. I tend to agree with you but I think case law may say otherwise. We have previously discussed this problem with the definition of premises between the Penal Code and the Alcoholic Beverage Code. There is a lot of old case law on the ABC and what is a licensed premise. I don't know if any cases have occurred since 46.035 added a different definition though.

This is one area I will generally advise people to tread very lightly. If you make a mistake, it might be a good defense to use. But until someone else volunteers to be a test case, I suggest leaving the gun more than 100 feet from the polling place.

Any chance this could be under some Federal Elections code?

[jeffrw]

I use the same definition for "premises" as I do for school carry.
In the parking lot, on the sports field (not while a school function is happening), and on the rest of the grounds, but not in the building itself.
So when I voted on Tuesday, my weapon was in my car, parked approximately 40 feet from the entrance to the polling location.

That's what I did. Just lock it up in the car, like I was going into a school. (Actually in my case the polling place was in a school so the same rules applied.)

I wonder, though... our local library also serves as a polling place, so would carry be prohibited throughout the entire building (i.e. for people who are just going to use the library) while voting is occurring in one room of it?

[Dave2]

Not just not use a cell phone, It must be turned off. I have been an election judge and we have had to tell people to leave or take their phones to their vehicles. The issue isn't just one of making and receiving call, it is also about photographic capability as that is illegal in the polling places.

Wait, what?!? How am I supposed to use the voting guide I've prepared ahead of time on my phone if it has to be off? And how am I supposed to prove I voted a certain way (when they finally figure out those voting machines get it wrong and want a recount) if I can't take a picture of the screen?

[wgoforth]

I use the same definition for "premises" as I do for school carry.
In the parking lot, on the sports field (not while a school function is happening), and on the rest of the grounds, but not in the building itself.
So when I voted on Tuesday, my weapon was in my car, parked approximately 40 feet from the entrance to the polling location.

That's what I did. Just lock it up in the car, like I was going into a school. (Actually in my case the polling place was in a school so the same rules applied.)

I wonder, though... our local library also serves as a polling place, so would carry be prohibited throughout the entire building (i.e. for people who are just going to use the library) while voting is occurring in one room of it?

No... I did ask the Captn that one during break in instructor school. He said places like libraries, stores, etc that have voting in them are incidental to the business, unless you are actually voting. Otherwise you'd also have to turn all cell phones in the business off as well. Imagine having to tell..and enforce...every customer walking in the door at Kroger to turn off their cell phone!

[jeffrw]

Not just not use a cell phone, It must be turned off. I have been an election judge and we have had to tell people to leave or take their phones to their vehicles. The issue isn't just one of making and receiving call, it is also about photographic capability as that is illegal in the polling places.

Wait, what?!? How am I supposed to use the voting guide I've prepared ahead of time on my phone if it has to be off? And how am I supposed to prove I voted a certain way (when they finally figure out those voting machines get it wrong and want a recount) if I can't take a picture of the screen?

My cell phone was in my pocket the whole time, and no one asked about it. As is often said here, concealed is concealed.

[wgoforth]

Not just not use a cell phone, It must be turned off. I have been an election judge and we have had to tell people to leave or take their phones to their vehicles. The issue isn't just one of making and receiving call, it is also about photographic capability as that is illegal in the polling places.

Wait, what?!? How am I supposed to use the voting guide I've prepared ahead of time on my phone if it has to be off? And how am I supposed to prove I voted a certain way (when they finally figure out those voting machines get it wrong and want a recount) if I can't take a picture of the screen?

My cell phone was in my pocket the whole time, and no one asked about it. As is often said here, concealed is concealed.

You can have it in your pocket, thats not a problem. But if we hear it ring, you will be asked to leave and come back without it. Vibrate is not sufficient as it is the photography aspect that is a concern. And that is against specific code, Election Code Ch. 61.04

[recaffeination]

oculto es oculto

[tacticool]

The election code definition of premises applies to election code violations like signs and name tags.
The penal code definition of premises applies to penal code violations like good guys carrying guns.

This is one of the things I would not bet on. I tend to agree with you but I think case law may say otherwise. We have previously discussed this problem with the definition of premises between the Penal Code and the Alcoholic Beverage Code. There is a lot of old case law on the ABC and what is a licensed premise. I don't know if any cases have occurred since 46.035 added a different definition though.

That seems to conflict with the code construction rules. Also, 46.03 and 46.035 say exactly what premises means for those sections. Skipping the explicit definition seems like skipping 46.15 and arresting a CHL for carrying in a grocery store 1 mile away.