When is a place a polling place

[bowserb]

I've searched and searched, but I still apologize if asked and answered!

I'm a member of an organization that meets at a county community center. As such it cannot be a gun-free location by law. However, it is also a polling place for early and regular voting. Two questions.

1. Is the whole place a polling place when voting is going on, or just the section where there is voting, tallying, and other voting admin activities?

2. When is it does it start and stop being a polling place. Is it over at 7pm, or still a polling place as long as any election admin is taking place?

Of course, I err on the side of caution and leave my pistol at home when attending meetings on polling day, even though the meeting doesn't start until after 7pm. However that means I'm unarmed for the 25 mile drive to and from the meeting. The community center is in a transition area of the city, and the current transition is downward, so it's not a great place to be unarmed at a traffic light at 9:30pm. For the same reason, I'm not comfortable leaving a gun in my car.

Best case is at 7pm the polling place ends, and it's just a community center again. Anyone know?

[GeekwithaGun]

Not a lawyer, but my thinking is that it would be off limits for carry while voting is going on.

[ELB]

T. Edwin Walker, an attorney for US Law Shield, opines on the physical scope of the polling place here: https://www.uslawshield.com/weapons-at- ... in-action/

As for the timing issue:

Without doing any further research I (former election judge and clerk) would opine that the polling place is a polling place as long as the poll workers (judge, alternate judge, clerks) are onsite, regardless of the hours of voting. The poll workers arrive before polls open to set up the place, and they stay after the polls close to tally votes and close up. Whether the polls are open or closed, I would say it is a polling place on election day.

Further more, it may be a polling place for as long as the voting equipment is there. Generally the voting machines, tables, and so forth are brought in the day before, and removed the day after. It seems arguable as to whether the location is a polling place for the purposes of firearms carry when no poll workers are there, but I would not like to have that argument in court.

[bowserb]

As a member of U.S. Law Shield since 2011, I should have thought to look there. The broadest definition seems to be the safe bet. Since I don't leave a gun in my car, then I will continue as I have for years, and leave the gun at home in the safe.

Thanks for the replies.

[troglodyte]

Throw this in the works.

Early voting in Lubbock Co. is held in several locations, United Supermarkets being one of them. They set up at the 19th and Quaker location in the patio area of the deli. The patio area is enclosed and can be accessed from the outside or from the store proper.

So is the patio the polling place or is the whole store the polling place? Seems that since the patio is self-contained that it would be the polling place and the rest of the store would be free to carry. By the letter of the law and "premise" it seems the whole store is off limits, which is silly (of course most off-limit places are silly).

What is worse is the fact that you could easily walk in, do your shopping, check out, and never see the signs, cones, or polling booths. And if you are from out of the county you don't keep up with where the polling places are. Don't ask me how I know.

Needless to say I did not test the waters this time and left my firearm locked in the truck.

[ScottDLS]

Regardless of whether a place is considered a "polling place" it is not an offense to carry there unless on election day or while early voting is taking place.

PC §46.03. PLACES WEAPONS PROHIBITED.
(a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, location-restricted knife, club, or prohibited weapon listed in Section 46.05(a):
...
(2) on the premises of a polling place on the day of an election or while early voting is in progress

[KLB]

on the day of an election or while early voting is in progress

So, is early voting in progress:

1. Only when some voter is present and going through the process,

2. During the hours the early voting site is open for business, or

3. Throughout the early voting period (two weeks or whatever it is)?

[ELB]

on the day of an election or while early voting is in progress

So, is early voting in progress:

1. Only when some voter is present and going through the process,

2. During the hours the early voting site is open for business, or

3. Throughout the early voting period (two weeks or whatever it is)?

Good catch on ScottDLS's part.

Since the law mentions "day of election", not "voting hours", I would guess that "early voting in progress" would be the days that voting actually occurs (i.e. Monday through Friday, but not the weekends).