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Voter immunity from arrest
Posted: Thu Oct 22, 2009 3:12 pm
by seamusTX
I ran across this gem in the Texas Election Code:
Sec. 276.005. VOTER'S PRIVILEGE FROM ARREST. A voter may not be arrested during the voter's attendance at an election and while going to and returning from a polling place except for treason, a felony, or a breach of peace.
Breach of the peace is not very clearly defined, but it usually means things like fighting, threats, and malicious mischief (breaking stuff).
- Jim
Re: Voter immunity from arrest
Posted: Thu Oct 22, 2009 4:44 pm
by suthdj
seamusTX wrote:I ran across this gem in the Texas Election Code:
Sec. 276.005. VOTER'S PRIVILEGE FROM ARREST. A voter may not be arrested during the voter's attendance at an election and while going to and returning from a polling place except for treason, a felony, or a breach of peace.
Breach of the peace is not very clearly defined, but it usually means things like fighting, threats, and malicious mischief
(breaking stuff).
- Jim
Like
breaking the law

, however that would not make since to have the law in the first place now would it.
Re: Voter immunity from arrest
Posted: Thu Oct 22, 2009 5:01 pm
by seamusTX
By "breaking stuff" I meant property damage, which is the main definition of malicious mischief.
- Jim
Re: Voter immunity from arrest
Posted: Thu Oct 22, 2009 5:07 pm
by ELB
In Indiana, where I grew up, one of the polling place officials was a "sheriff," whose job it was to keep the peace at that polling station, prevent campaigning within the boundaries, etc. In nepotism run amok

my mom, who was precinct committeeman for our area, appointed me a sheriff for the election right after I turned 18. It was kind of like jury duty -- it only paid about $5 for the day, and she had a hard time getting anyone else to do it. Alas, I did not get to arrest anyone, and went home after the polls closed. She was one of two judges and spent all night counting paper ballots by hand.
I have no idea if Indiana still has poll sheriffs...