I don't understand this comment. What criminal activity? Do you mean online electioneering? Is it illegal for social media to post election-related material on election day? How about newspapers?
There may have been an embargo of electioneering on election day in some jurisdictions, that rings a bell, but it doesn't seem to me to be observed anywhere anymore. Am I wrong about that?
I looked around that web site and I cannot take anything it says seriously. It appears to be similar to the old National Enquirer.
There's no rule regarding on-line campaigning that I'm aware of in Georgia or anywhere else. In any case, how would you enforce electioneering or campaigning on twitter within 100 feet or in the building where the voting goes on? They would have to take people's cellphones away, an unlikely situation and something that is not in the law or done at all.
However, on the other hand, stopping actual people from electioneering right before people vote is an important rule. In NYC, when I voted at my nearby Junior High School, the election officials place signs within 100 feet of the building. A cop was stationed outside to maintain the rule and order. Politicians and their supporters would stand past the 100-foot line and pass out campaign literature and shake hands. But the cop would stop anyone from doing that within 100 feet.
If politicians wanted to hand out water and sandwiches beyond 100 feet, I suppose they could do that. But I never saw that happen in 60 years of voting. Allowing that to happen within 100 feet or in the building where people voted, would only encourage enticement, persuasion, and intimidation of voters. The law tries to prevent that, a rational and reasonable rule. The argument that people are going to die on the line from thirst is just a BS argument to allow electioneering.
I just googled it again and found a similar rule in Texas. It doesn't mention water or food. But Georgia obviously wanted to make it clear that's not allowed either because people will claim they're not electioneering when they pass out water when they actually are electioneering.
ElectioneeringEach early voting and election day polling place must be organized with 100-foot distance markers posted at surrounding outside entries to the building. During the voting period and inside this protected area, it is prohibited to electioneer, including expressing preference for or against any candidate, measure, or political party. A violation of this provision in the Election Code is a Class C misdemeanor. Tex. Elec. Code §§ 61.003, 85.036.
Please note that the early voting clerk and the presiding judge of each polling place, as appropriate, have the authority of a district judge while serving in that capacity. This authority enables the early voting clerk or the presiding judge, as appropriate, to use his or her discretion to ensure the safety and efficiency of the early voting and election day polling place and the surrounding 100-foot area. Tex. Elec. Code §§ 32.075(e), 81.002.
While an election judge or early voting clerk has the authority to ensure that electioneering is not occurring within the 100 foot marker, Section 32.075(e) of the Code specifically states that a presiding judge may not enforce electioneering provisions outside of the 100-foot distance markers. The same prohibition applies to an early voting clerk, per Section 81.002 of the Code.
If you or your presiding judges have questions as to what constitutes electioneering, encourage them to contact either your office or our office directly with specific questions.
Regulating Electioneering Outside 100-Foot Marker
An entity that owns or controls a public building being used as a polling place may not prohibit electioneering outside of the 100-foot distance marker. However, the entity may enact reasonable regulations in regards to the time, place, and manner of electioneering. Tex. Elec. Code § 61.003(a-1).
Only a court of law can determine what is reasonable in terms of time, place and manner. However, an example of a reasonable regulation may include prohibiting electioneering on sidewalks or driveways to keep them clear for pedestrians and traffic.
Finally, we recommend that all regulations be content neutral. If you have questions, we suggest that you contact your attorney.
https://www.sos.state.tx.us/elections/laws/advisory2018-11.shtml
