SECTION 81.301. Ordered Student Mock Elections

The secretary of state shall prescribe any procedures necessary to implement this section and ensure that the conduct of a student mock election does not affect the proper and efficient conduct of a general, special, or primary election.

(1) A student mock election may be ordered by:

(A) the commissioners court, for a student mock election held in conjunction with an election ordered by the governor or a county authority;

(B) the governing body of a political subdivision, for a student mock election held in conjunction with an election of the political subdivision;

(C) the county executive committee, for a student mock election held in conjunction with a primary election.

(2) If a student mock election is ordered by the commissioners court, governing body of a political subdivision, or the county executive committee to be held in the adult polling place, it may only be held on election day or the day before the election, pursuant to the Election Code, §276.007. The restrictions set forth in §276.007 only apply to student mock elections held in conjunction with a general, special, or primary election.

(3) The authority ordering a student mock election shall specify in the order each grade that may participate in the election. A student in a specified grade may enter a designated polling place or specified locale for the purpose of casting an unofficial ballot in the student election on the same offices and measures that appear on the official ballot.

(4) The student mock election, if held in conjunction with a general, special, or primary election, shall not be disruptive nor infringe upon any rights provided a legal registered voter.

(A) The student mock election shall be implemented and conducted in accordance with the Election Code and laws of the State of Texas (whether or not conducted in the adult polling place), insofar as they are applicable, except as otherwise provided by these rules, or any directive from the secretary of state's office.

(B) An official polling place may be used to conduct a student mock election by an entity, provided that the entity has submitted an application to the secretary of state's office pursuant to the rules and guidelines hereby prescribed and has secured final approval from the local authority and the secretary of state before the 60th day before the day of the student election. (The application is available through the secretary of state's office.)

(C) A student mock election voting booth (or other voting system) shall not be within 50 feet of an adult voting booth that is located in the same room. The regular election judge may exercise his or her statutory authority to maintain order in the polling place to ensure that the mock election is not disruptive. Nothing in these rules shall be construed to lessen the authority of the regular election judge. Note: an exception to the distance requirement may be obtained with written permission from the secretary of state's office no later than 60 days before the day of the student election.

(5) If it is not feasible to hold the student mock election in the same polling area as the regular election, an alternate location may be selected. The authority ordering the election shall determine the polling locations. The alternate sites should be selected to serve the convenience of the students and accompanying adults, without disrupting the adult voters. Recommended sites include the schools or other locations within the same building as the regular polling place.

(A) The student mock election may be held at any time during the hours of 7 a.m. to 7 p.m., but the mock election is not required to remain open the entire time.

(B) The student mock election is not required to use the same number of polling places or the same locations as the regular election.

(6) As practicable, the student mock election should adopt the voting system most prevalent in the students' community. If such a voting system is not available, any other voting system authorized by the election code may be used.

(7) Regardless of the location of the student mock election polling area, no unauthorized persons, telephones, or any type of mechanical or electronic recording equipment are allowed within the mock polling area.

(8) The election officers serving in the official election may not serve in the student mock election. The authority ordering the election shall appoint a separate set of election officers to conduct the student mock election. All student mock election officers and organizers must be community volunteers. No county or state funds may be used for payment of election judges and clerks.

(9) Tabulation of the results may begin at the time specified by the Election Code for the voting system used. Student mock election results may not be announced until after the adult polling places are closed on election day (7 p.m.).

Source Note: The provisions of this §81.301 adopted to be effective June 25, 1992, 17 TexReg 4249.