Relating to the use of a wireless communication device at a polling place.
Summary
HB 3909 amends the Texas Election Code to tighten the restriction on wireless communication devices at polling places. Under current law, the prohibition applied within 100 feet of a voting station; this bill changes the rule so that a person may not use a wireless communication device inside the room where voting is taking place, except as otherwise permitted by existing exceptions in Sections 61.012 and 61.013. The bill also requires the secretary of state to direct presiding judges to post a conspicuous notice outside the voting room explaining the prohibition.
The bill is aimed at clarifying and narrowing the location-based restriction while preserving the core ban on device use in the active voting area. It takes effect September 1, 2025, and will affect election administrators, presiding judges, voters, and poll watchers by changing signage and enforcement practices at polling locations. It does not create a new category of prohibited conduct so much as relocate the boundary of the restriction from a distance-based perimeter to the room in which voting occurs.
Impact
HB 3909 amends Section 61.014 of the Election Code, replacing the prior 100-foot restriction with a room-based prohibition on wireless communication device use at polling places and adding a notice-posting requirement for the secretary of state to implement through presiding judges. The practical effect is to change polling-place procedures, signage, and enforcement guidance for election workers while leaving existing statutory exceptions intact. The bill becomes effective September 1, 2025.
Sentiment
The bill appears to have broad bipartisan support, passing both chambers with large margins despite a handful of مخالف votes in each chamber. The House passed the bill overwhelmingly, the Senate also approved it, and both chambers later adopted the conference committee report, indicating general agreement on the policy even after differences between the chambers were resolved. The voting pattern suggests the measure was viewed as a relatively noncontroversial election administration change, though not unanimously supported.
Contention
The main point of contention appears to have been the scope and mechanics of the wireless-device restriction at polling places, including the shift from a 100-foot perimeter to a restriction limited to the room where voting is taking place. The bill also went to conference committee after the House refused to concur in Senate amendments, showing that the chambers disagreed on some details even though the final version was ultimately accepted by both. Any opposition likely centered on how the rule would be enforced, whether it was sufficiently protective of election integrity, or whether it could create confusion for voters and poll workers.