MASS EMAIL (CEO/CSO/CC): Issues Regarding Electioneering for the November 4, 2025 Uniform Election

TO:  Texas Election Officials  

FROM: Elections Division, Texas Secretary of State

SUBJECT:  Issues Regarding Electioneering for the November 4, 2025 Uniform Election

DATE: October 22, 2025

Dear Election Officials,

As early voting in person is currently ongoing for the November 4, 2025 uniform election date, we would like to address inquiries regarding electioneering issues which our office has received this week. 

As addressed in Election Advisory No. 2025-15: Activities in the Vicinity of Polling Places, each early voting and election day polling place must be organized with 100-foot distance markers posted at surrounding outside entrances to the building, as well as 20-foot distance markers posted at surrounding designated curbside voting parking spaces. Tex. Elec. Code Section 61.003.  During the voting period and inside the protected areas, it is prohibited to electioneer, including expressing preference for or against any candidate, measure, or political party, regardless of whether they are or are not on the ballot, or relating to the conduct of an election. Tex. Elec. Code Sections 61.003, 85.036, and 61.010.  This prohibition applies to clothing and accessories worn by the voter.

However, these provisions do not prohibit "issue" apparel that expresses the voter's opinion on specific issues or specific organizations, unless the apparel relates to a candidate, measure, or political party.  Because election issues are often locally driven, the presiding judge (or deputy early voting clerk) of the specific polling place is in the best position to determine whether a person is engaged in electioneering for or against a candidate, measure, or political party.  Also, the early voting clerk and the presiding judge of each polling place have the authority of a district court judge to use their discretion to ensure the efficiency of the protected areas. 

As an example, references to "Vote Democrat” or “Vote Republican” are not permissible in a polling place because they relate to parties, regardless of the fact that they are not on the ballot for the constitutional amendment election.  Please note that per Section 143.003 of the Election Code, a city charter may authorize nominations of partisan candidates by political organizations for an office of a home-rule city.  Further, although generally rare, a special law district could also allow for partisan elections, so this is something to be aware of.  As an additional example, if a county or local political subdivision is conducting an election on a measure, such as a bond election, voters generally would not be permitted to wear apparel to the polling place which supports or opposes the measure.

As another example, references to issue apparel that expresses the voter’s opinion on specific issues or specific organizations, such as “Black Lives Matter,” “NRA,” “Blue Lives Matter,” or “Turning Point USA” are not campaign slogans associated with a candidate or party and do not advocate for or against a candidate, party or measure.   If a voter is wearing this type of attire, they generally should be permitted to continue wearing it while voting.   However, as previously mentioned, the presiding judge or deputy early voting clerk of the specific polling place is in the best position to determine whether a person is engaged in electioneering.  

As always, please do not hesitate to contact our office should you have any questions or concerns.

Thank you,

Heidi Martinez

Managing Attorney – Elections Division

Office of the Texas Secretary of State

1019 Brazos Street | Rudder Building, 2nd Floor | Austin, Texas 78701 1.800.252.VOTE (8683)

elections@sos.texas.gov | www.sos.state.tx.us/elections

The information contained in this email is intended to provide advice and assistance in election matters per §31.004 of the Texas Election Code.  It is not intended to serve as a legal opinion for any matter.  Please review the law yourself, and consult with an attorney when your legal rights are involved.

If you have any questions regarding this e-mail, please e-mail elections@sos.texas.gov