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by Flightmare
Wed Aug 29, 2018 11:39 pm
Forum: General Texas CHL Discussion
Topic: Carry in Texas polling place? it depends
Replies: 26
Views: 8927

Re: Carry in Texas polling place? it depends

thatguyoverthere wrote: Wed Aug 29, 2018 11:27 pm Also, I've looked over the referenced statutes, and I don't see anything close to saying that an election judge fits the description of an "active judicial official" as defined by the statute. I will concede that maybe the AG knows more about the law, but I do know how to read, and I just don't see it there. But apparently he does, so good for him.
Texas Election Code Sec. 32.075(c)
https://statutes.capitol.texas.gov/Docs ... /EL.32.htm
In performing duties under Subsection (a), a presiding judge has the power of a district judge to enforce order and preserve the peace, including the power to issue an arrest warrant. An appeal of an order or other action of the presiding judge under this section is made in the same manner as the appeal of an order or other action of a district court in the county in which the polling place is located.
While they are acting in their duties as an election judge, they have the same authority and power as a district judge. A district judge is able to carry in the court (assuming they have a LTC), even though it is off limits to the general population. The AG is saying that unless the area is prohibited by other means, an election judge can carry at a polling place that they preside over under the same law.

That being said, I agree that there should not be these special carve-outs for certain people. If one group of people is allowed to carry there by having LTC, then all LTCs should be allowed to carry there. Unfortunately, that is not how the law is written today. This is why we need to push for more 2A friendly legislature. I'm eagerly awaiting for Charles' review of bills to watch out for in the 2019 legislative session.
by Flightmare
Tue Aug 28, 2018 3:19 pm
Forum: General Texas CHL Discussion
Topic: Carry in Texas polling place? it depends
Replies: 26
Views: 8927

Re: Carry in Texas polling place? it depends

ELB wrote: Tue Aug 28, 2018 3:10 pm Dang you beat me to it! I just got email notification of it.
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by Flightmare
Tue Aug 28, 2018 2:01 pm
Forum: General Texas CHL Discussion
Topic: Carry in Texas polling place? it depends
Replies: 26
Views: 8927

Carry in Texas polling place? it depends

https://texasattorneygeneral.gov/opinio ... kp0212.pdf

AG was asked about election judges carrying on election day. See the link above for AG opinion. This is good news for those who wish to serve as election judges, but don't want to be unarmed.

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