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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 :mrgreen: 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...