I FOUGHT THE LAW AND I WON !!! THE UNIVERSITY OF TEXAS HAS AGREED TO MY CEASE AND DESIST ORDER !!! AFTER VIOLATING MY CONSTITUTIONAL RIGHTS TO FREE SPEECH FOR ALMOST THE ENTIRE EARLY VOTING PERIOD, UT RELEASED THE FOLLOWING EMAIL TO KXAN-TV. From: Susswein, Gary J [mailto:[email protected]] Sent: Wednesday, February 26, 2014 4:54 PM To: Joe Ellis; Atkins, Kimberly Subject: Re: Response requested re: Electioneering on Campus - Deadline for Today Importance: High Hi, Joe -- Recent changes in state law allow campaigning in any public building that is being used for early voting, so long as it is done more than 100 feet from the entrance to the polls. UT Austin will therefore permit such electioneering on the premises of the Flawn Academic Center, where voting is curently taking place,. Our earlier polices that this candidate has cited were in accordance with previous versions of state law. Thanks, Gary Gary Susswein Director of Media Relations The University of Texas at Austin 512-471-4945 512-694-7909 (mobile) From: Joe Ellis Date: Wednesday, February 26, 2014 1:21 PM To: Gary Susswein , Atkins, Kimberly Subject: Response requested re: Electioneering on Campus - Deadline for Today Hello. Can we get an official statement from UT in response to the accusation that a primary candidate for a Travis Co JP post was threatened with arrest for electioneering on campus, near a Travis County polling location on campus? Do campus rules conflict with state law on electioneering? Can you please get back with us today? Thanks, Joe Ellis KXAN-TV 908 W Martin Luther King Jr. Blvd Austin, Texas 78701 (desk) 512-703-5307 (cell) 512-417-3600 (fax) 512-469-0630 kxan From: James Forrest [mailto:jbforrest@hotmail] Sent: Tuesday, February 25, 2014 8:06 PM To: _KXAN investigates Subject: I am running for Justice of the Peace PCT 5 and UT is threatening to ARREST ME for TRESPASSING I am an attorney in Austin and current candidate for Justice of the Peace PCT. UT is violating Texas Election Code 43.031(d) and threatening to have me arrested for trespassing because I am electioneering on UT campus outside the PAC Building that is currently hosting the Travis County Joint Primary. Here is an article about my campaign in the Austin Chronicle austinchronicle/news/2014-02-07/the-peoples-court/ Here is a link to my website jamesbraxtonforrest.wix/justiceofthepeace Here is a link to my Facebook Page https://facebook/james.forrest.90038 FREE JAMES BRAXTON FORREST!! I Had to file a Cease and Desist Order against the UT Dean of Students SONICA REAGINS-LILLY for violating Texas Election Code Sec 43.031(d). She threatened to have me arrested for trespassing on UT property when I was handing out fliers in front of the PAC Building. Yes UT is private property but they are hosting a Travis County Joint Primary. All polling places, public and private must allow electioneering such as handing out fliers and posting political signs. Freedom of speech especially when related to elections is a Fundamental Right. Join me for a protest this Friday on the West Mall in front of the PAC Building where I will be arrested for trespassing for speaking about my campaign in front of this official polling location. FREE JAMES BRAXTON FORREST!!! Here is the text of the Cease and Desist Order: CEASE AND DESIST NOTICE FROM: JAMES FORREST, Candidate for Travis County Justice of the Peace PCT 5 in the Travis County Joint Primary TO: BILL POWERS IN HIS OFFICIAL CAPACITY AS PRESIDENT OF THE UNIVERSITY OF TEXAS AT AUSTIN, SONICA REAGINS-LILLY INDIVIDUALLY AND IN HER OFFICIAL CAPACITY AS DEAN OF STUDENTS, PAUL FOSTER IN HIS OFFICIAL CAPACITY AS MEMBER OF THE BOARD OF REGENTS,THE UNIVERSITY OF TEXAS AT AUSTIN,TRAVIS COUNTY DEMOCRATIC PARTY, JAN SOIFER IN HER OFFICAL CAPACITY AS TRAVIS PARTY DEMOCRATIC PARTY CHAIR, DANA DEBEAUVOIR INDIVIDUALLY AND IN HER OFFICAIL CAPACITY AS TRAVIS COUNTY CLERK February 24, 2014 RE: CEASE AND DESIST FROM VIOLATING TEXAS ELECTION CODE SEC. 43.031(d) THAT STATES ELECTIONEERING IS ALLOWED AT AN OFFICIAL TRAVIS COUNTY POLLING PLACE OUTSIDE OF THE REQUIRED 100 FEET PROHIBITED ZONE. CEASE AND DESIST FROM THREATENING TO ARREST NON STUDENTS WHO ARE ON UNIVERSITY OF TEXAS PROPERTY FOR THE PURPOSE OF ELECTIONEERING IN FRONT OF THE PAC BUILDING WHERE THE TRAVIS COUNTY JOINT PRIMARY IS BEING HELD. TEXAS ELECTION CODE Sec. 43.031. POLLING PLACE IN PUBLIC BUILDING. (a) In this subchapter, public building means a building owned or controlled by the state or a political subdivision. (b) Each polling place shall be located inside a building. (c) The building selected for a polling place shall be a public building if practicable. The entity that owns or controls a public building shall make the building available for use as a polling place in any election that covers territory in which the building is located. If more than one authority requests the use of the building for the same day and simultaneous use is impracticable, the entity that owns or controls the building shall determine which authority may use the building. (d) If a suitable public building is unavailable, the polling place may be located in some other building, including a building on a federal military base or facility with the permission of the post or base commander, and any charge for its use is an election expense. A polling place may not be located in a building under this subsection unless electioneering is permitted on the buildings premises outside the prescribed limits within which electioneering is prohibited, except that a polling place may be located in a building at which electioneering is not permitted if it is the only building available for use as a polling place in the election precinct. TO WHOM IT MAY CONCERN: This CEASE AND DESIST ORDER is to inform you that your persistent actions including but not limited to: STOPPING AND PROHIBITING NON STUDENTS FROM ELECTIONEERING IN ACCORDANCE WITH STATE LAW AT THE POLING LOCATION AT THE PAC BUILDING AT THE UNIVERSITY OF TEXAS DURING THE CURRENT TRAVIS COUNTY JOINT PRIMARY; THREATENING TO ARREST NON STUDENTS WHO ARE ELECTIONEERING OUTSIDE THE TRAVIS COUNTY JOINT PRIMARY POLLING LOCATION LOCATED AT THE PAC BUILDING ON THE UNIVERSITY OF TEXAS CAMPUS; AND REMOVING ELECTION RELATED CAMPAIGN SIGNS FROM UNIVERSITY OF TEXAS PROPERTY have become unbearable. You are ORDERED TO STOP such activities immediately as they are being done in violation of the law. I have the right to remain free from these activities as they constitute harassment AND ARE IN VIOLATION OF TEXAS STATE LAW, SPECIFICALLY TEXAS ELECTION CODE 43.031, and I will pursue any legal remedies available to me against you if these activities continue. These remedies include but are not limited to: contacting law enforcement to obtain criminal sanctions against you, and suing you civilly for damages I have incurred as a result of your actions. EVERY MINUTE AND HOUR THAT YOU VIOLATE MY RIGHTS TO ELECTIONEER IN FRONT OF THE PAC BUILDING ON THE UNIVERISTY OF TEXAS CAMPUS YOU ARE CAUSING MY IRREPARABLE HARM. SPECIFICALLY, I AM LOSING THE RIGHT TO SPEEK TO VOTERS THAT ARE VOTING IN THE TRAVIS COUNTY JOINT PRIMARY. YOU ARE VIOLATING MY RIGHTS GUARANTEED BY THE TEXAS CONSTITUTION AND THE TEXAS ELECTION CODE. ANY FAILURE TO ABIDE BY TEXAS LAW INCLUDING BUT NOT LIMITED TO THE TEXAS ELECTION CODE WILL BE DONE WITH NOTICE AND WITH MALICIOUS INTENT. I AM PROVIDING THE UNIVERSITY OF TEXAS POLICE NOTICE OF THE STATE LAW THAT THEY ARE SWORN TO UPHOLD. ANY VIOLATION OF THESES LAWS WILL BE INTENTION, MALICIOUS, WITH ACTUAL KNOWLEDGE, AND SPECIFIC INTENT TO DO HARM TO JAMES FORREST AND OTHER INDIVIDUALS ELECTIONEERING IN FRONT OF THE PAC BUILDING AT THE UNIVERSITY OF TEXAS DURING THE TRAVIS COUNTY JOINT PRIMARY ELECTION. Again, you must IMMEDIATELY STOP THE ACTIVITIES LISTED ABOVE and send me written confirmation that you will stop such activities. You risk incurring some very severe legal consequences if you fail to comply with this demand. This letter acts as your final warning to discontinue this unwanted conduct before I pursue legal actions against you. At this time, I am not contacting the authorities or filing civil suit against you, as I hope we can resolve this matter without authoritative involvement. I am not under any circumstances, however, waiving any legal rights I have presently, or future legal remedies against you by sending you this letter. This order acts as ONE FINAL CHANCE for you to cease your illegal activities before I exercise my rights. To ensure compliance with this letter, and to halt any legal action I may take against you, I require you to fill in and sign the attached form and mail it back to me within 10 days of your receipt of this letter. Failure to do so will act as evidence of your infringement upon my legal rights, and I will immediately seek legal avenues to remedy the situation. Sincerely, JAMES FORREST CEASE AND DESIST COMPLIANCE AGREEMENT I, do hereby agree to stop THE ACTIVITES LISTED IN THIS CEASE AND DESIST ORDER which are in violation of JAMES FORREST’s rights. I understand that this is my final chance to cease these activities. I understand that JAMES FORREST potentially has the right to pursue legal action against me relating to my engagement in these activities, but HE MAY not pursue those rights in contemplation of my compliance with this written demand. I further understand that JAMES FORREST has not waived HIS rights and may pursue legal remedies against me if I fail to abide by this agreement. I understand that this agreement is not specifically limited to the activities named herein. I will not engage in any activity now or in the future done for the purpose of HARRASSING JAMES FORREST. I furthermore agree not to engage in any activity, regardless of its official title, that is done in violation of JAMES FORREST‘s legal rights. If I fail to cease performing these activities, JAMES FORREST may pursue legal action against me in accordance HIS legal rights. Any statements made orally, written, or otherwise which are not contained herein shall have no impact on either parties’ rights or obligations elaborated in this agreement. Date ____________________ ________________________ Printed Name ________________________ Signature and Date ELECTION CODE TITLE 1. INTRODUCTORY PROVISIONS CHAPTER 1. GENERAL PROVISIONS Text of section effective on October 04, 2013 Sec. 1.001. SHORT TITLE. This code may be cited as the Election Code. Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Sec. 1.002. APPLICABILITY OF CODE. (a) This code applies to all general, special, and primary elections held in this state. (b) This code supersedes a conflicting statute outside this code unless this code or the outside statute expressly provides otherwise. Sec. 1.018. APPLICABILITY OF PENAL CODE. In addition to Section 1.03, Penal Code, and to other titles of the Penal Code that may apply to this code, Title 4, Penal Code, applies to offenses prescribed by this code. ELECTION CODE TITLE 4. TIME AND PLACE OF ELECTIONS CHAPTER 43. POLLING PLACES SUBCHAPTER A. NUMBER AND LOCATION OF POLLING PLACES Sec. 43.001. ONE POLLING PLACE IN EACH PRECINCT. Each election precinct established for an election shall be served by a single polling place located within the boundary of the precinct. Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Sec. 43.002. DESIGNATION OF LOCATION: GENERAL OR SPECIAL ELECTION USING COUNTY PRECINCTS. (a) For a general or special election in which the use of county election precincts is required, the county clerk shall recommend the location of the polling place for each county election precinct, except as provided by Subsection (b). The commissioners court shall designate the recommended location as the polling place unless the court finds good cause to reject the recommendation. In that case, the commissioners court shall designate another location. (b) If county election precincts are consolidated, the commissioners court shall designate the location of the polling place for the consolidated precinct. (c) In making a designation under this section, the commissioners court of a county with a population of more than 175,000 may not designate a location as a polling place that would require a voter in the precinct to travel more than 25 miles from the voters residence to the polling place. Sec. 43.003. DESIGNATION OF LOCATION: PRIMARY ELECTION. The county chair of a political party holding a primary election shall designate the location of the polling place for each election precinct in the primary unless the precinct is one that is consolidated. In that case, the county executive committee shall designate the location. SUBCHAPTER B. BUILDING FOR USE AS POLLING PLACE Sec. 43.031. POLLING PLACE IN PUBLIC BUILDING. (a) In this subchapter, public building means a building owned or controlled by the state or a political subdivision. (b) Each polling place shall be located inside a building. (c) The building selected for a polling place shall be a public building if practicable. The entity that owns or controls a public building shall make the building available for use as a polling place in any election that covers territory in which the building is located. If more than one authority requests the use of the building for the same day and simultaneous use is impracticable, the entity that owns or controls the building shall determine which authority may use the building. (d) If a suitable public building is unavailable, the polling place may be located in some other building, including a building on a federal military base or facility with the permission of the post or base commander, and any charge for its use is an election expense. A polling place may not be located in a building under this subsection unless electioneering is permitted on the buildings premises outside the prescribed limits within which electioneering is prohibited, except that a polling place may be located in a building at which electioneering is not permitted if it is the only building available for use as a polling place in the election precinct. (e) A polling place may not be located at the residence of a person who is: (1) a candidate for an elective office, including an office of a political party; or (2) related within the third degree by consanguinity or the second degree by affinity, as determined under Chapter 573, Government Code, to a candidate described by Subdivision (1). ELECTION CODE TITLE 7. EARLY VOTING SUBTITLE A. EARLY VOTING CHAPTER 81. GENERAL PROVISIONS Sec. 81.001. EARLY VOTING REQUIRED. (a) In each election in this state, early voting shall be conducted by personal appearance at an early voting polling place and by mail. (b) A reference in a law outside this code to absentee voting means early voting. Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.03; Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991. Sec. 81.002. APPLICABILITY OF OTHER CODE PROVISIONS. The other titles of this code apply to early voting except provisions that are inconsistent with this title or that cannot feasibly be applied to early voting. Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.03; Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991. Sec. 81.004. LOCATION OF PUBLIC ELECTION RECORDS. Election records for which the early voting clerk is custodian and that are public information shall be kept: (1) for an election in which a county clerk or city secretary is the early voting clerk, at the early voting clerks main business office; or (2) for any other election, at a location designated by the authority appointing the clerk. ELECTION CODE TITLE 7. EARLY VOTING SUBTITLE A. EARLY VOTING CHAPTER 83. OFFICER CONDUCTING EARLY VOTING SUBCHAPTER A. EARLY VOTING CLERK Sec. 83.001. EARLY VOTING CLERK GENERALLY. (a) The early voting clerk shall conduct the early voting in each election. (b) The clerk is an officer of the election in which the clerk serves. (c) The clerk has the same duties and authority with respect to early voting as a presiding election judge has with respect to regular voting, except as otherwise provided by this title. Sec. 83.002. COUNTY CLERK AS EARLY VOTING CLERK. The county clerk is the early voting clerk for the county in: (1) the general election for state and county officers and any other countywide election held at county expense; (2) a primary election; and (3) a special election ordered by the governor. Sec. 172.126. JOINT PRIMARIES AUTHORIZED. (a) The primary elections in a county may be conducted jointly at the regular polling places designated for the general election for state and county officers. The county clerk shall supervise the overall conduct of the joint primary elections. This section applies to the conduct of joint primary elections notwithstanding and in addition to other applicable provisions of this code. The decision to conduct a joint general primary election or runoff primary election, as applicable, must be made by majority vote of the full membership of the commissioners court and with the unanimous approval of the county clerk and the county chair of each political party required to nominate candidates by primary election. (b) The county clerk shall determine whether to consolidate election precincts under Section 42.009 and shall designate the location of the polling place in a consolidated precinct. To the extent possible, a polling place shall be designated that will accommodate the precinct conventions of each political party. If a polling place, whether for a regular or consolidated precinct, is not suitable for more than one precinct convention, the polling place may be used by the party whose candidate for governor received the most votes in the county in the most recent gubernatorial general election. AND HERE IS A LEGAL MEMO DISCUSSING THE STATE LAW: ISSUE: Travis County Joint Primary Elections selected an Early Voting Polling Location on the University of Texas campus at the FAC. Electioneering is allowed 100 feet away from a polling location; however, University rules prohibit electioneering. This is a violation of the Texas Election Code (Tex. Elec. Code § 43.031). On February 20, 2014 and February 21, 2014 before I was informed of the university policy, I was electioneering in front of the PAC Building at the university. I spoke with the Travis County Election Judge who approved my request to electioneer as long as I was outside the 100 feet area that was clearly marked with his cone and posted sign. However, UT officials told me to leave university property or I would be arrested for trespassing even though I was fully complying with the Texas Election Code. ANALYSIS: The Texas Election Code applies to Travis County Joint Primary Elections. (Tex. Elec. Code Sec. 1.002). Laws that apply to election-day also apply to early voting. (Tex. Elec. Code Sec. 81.002 and Tex. Elec. Code Sec. 83.001). The Travis County Clerk is the early voting clerk for the Travis County in this primary election. (Tex. Elec. Code Sec. 83.002). The Travis County Clerk has the same duties and authority with respect to early voting as a presiding election judge has with respect to regular voting. (Tex. Elec. Code Sec. 83.001). The Travis County Democratic Party Chair shall designate the location of polling places for the primary. (Tex. Elec. Code Sec. 43.003). The election at issue a republican and democratic joint primary. This Travis County Joint Primary Election may be located at the regular polling places designated for the general election for state and county officers. The Travis County Clerk shall supervise the overall conduct of the joint primary elections. (Tex. Election Code Sec. 172.126). Therefore, the Travis County Clerk shall ensure this joint primary election complies with applicable law, and the selection of polling places for this joint primary election must comply with applicable law. The early voting polling location at the University of Texas PAC Building violates the Texas Election Code. The building selected for a polling place shall be a public building if practicable. (Tex. Elec. Code Sec. 43.031(c)). The PAC Building is not a public building. If a suitable public building is unavailable, the polling place may be located in some other building. (Tex. Elec. Code Sec. 43.031(d)). There are several available public buildings near the PAC Building. The PAC Building is located in an area surrounded by State of Texas, Travis County, and City of Austin property. A polling place may not be located in a building under this subsection unless electioneering is permitted on the buildings premises outside the prescribed limits within which electioneering is prohibited, except that a polling place may be located in a building at which electioneering is not permitted if it is the only building available for use as a polling place in the election precinct. ((Tex. Elec. Code Sec. 43.031(d)). The University of Texas does not allow candidates or supporter to engage in electioneering on its property outside the prescribed 100 feet limits. The PAC Building at the University of Texas is not the only available building available for use as a polling place in the election precinct. There are numerous building available nearby that do not prohibit electioneering. The building containing the University Co-op at 2246 Guadalupe St, Austin, TX 78705 (not associated with the University of Texas and privately owned) is located about 100 yards west for the PAC Building. The University Co-op has been selected by Travis County and the Travis County Democratic Party to be an Official Election Day Polling Location for this election on March 4, 2014. Therefore, the University Co-op could have and should be the Early Voting Location for this primary. The selection of the PAC Building as an Early Voting Location is clearly a violation of the Texas Election Code. There is a simple solution. The Early Voting Location should be moved to the University Co-op immediately. The University Co-op has already contracted with and been vetted by Travis County and the Travis County Democratic Party as a suitable Election Day Polling Location. Notice can be posted with the Secretary of State and at the PAC advising the public of the change in polling location. Notice of the changing polling locations should be done in accordance with Tex. Elec. Code Sec. 43.061 and 43.063. Any delay will cause irreparable harm because of the time sensitive nature of this issue. Today is February 22, 2014 and there are only 7 days remaining early voting in this primary and election-day is March 4, 2014. As a candidate for this election, I am being harmed every minute that I am not allowed to electioneer in accordance with the laws of Texas. I am not able to exercise my freedom of speech and assembly in order to inform voters of my campaign and election issues. Voters have a right to be informed and I have a right to inform them in compliance with applicable state laws. LAW: 1) Tex. Elec. Code Sec. 1.002 APPLICABILITY OF CODE. (a) This code applies to all general, special, and primary elections held in this state. (b) This code supersedes a conflicting statute outside this code unless this code or the outside statute expressly provides otherwise. 2) Tex. Elec. Code Sec. 43.003 DESIGNATION OF LOCATION: PRIMARY ELECTION. The county chair of a political party holding a primary election shall designate the location of the polling place for each election precinct in the primary unless the precinct is one that is consolidated. In that case, the county executive committee shall designate the location. 3) Tex. Elec. Code Sec. 43.031 POLLING PLACE IN PUBLIC BUILDING. (a) In this subchapter, public building means a building owned or controlled by the state or a political subdivision. (b) Each polling place shall be located inside a building. (c) The building selected for a polling place shall be a public building if practicable. The entity that owns or controls a public building shall make the building available for use as a polling place in any election that covers territory in which the building is located. If more than one authority requests the use of the building for the same day and simultaneous use is impracticable, the entity that owns or controls the building shall determine which authority may use the building. (d) If a suitable public building is unavailable, the polling place may be located in some other building, including a building on a federal military base or facility with the permission of the post or base commander, and any charge for its use is an election expense. A polling place may not be located in a building under this subsection unless electioneering is permitted on the buildings premises outside the prescribed limits within which electioneering is prohibited, except that a polling place may be located in a building at which electioneering is not permitted if it is the only building available for use as a polling place in the election precinct. 4) Tex. Elec. Code Sec. 81.001. EARLY VOTING REQUIRED. (a) In each election in this state, early voting shall be conducted by personal appearance at an early voting polling place and by mail. 5) Tex. Elec. Code Sec. 81.002. APPLICABILITY OF OTHER CODE PROVISIONS. The other titles of this code apply to early voting except provisions that are inconsistent with this title or that cannot feasibly be applied to early voting. 6) Tex. Elec. Code Sec. 83.001. EARLY VOTING CLERK GENERALLY. (a) The early voting clerk shall conduct the early voting in each election. (b) The clerk is an officer of the election in which the clerk serves. (c) The clerk has the same duties and authority with respect to early voting as a presiding election judge has with respect to regular voting, except as otherwise provided by this title. 7) Tex. Elec. Code Sec. 83.002. COUNTY CLERK AS EARLY VOTING CLERK. The county clerk is the early voting clerk for the county in: (1) the general election for state and county officers and any other countywide election held at county expense; (2) a primary election; and (3) a special election ordered by the governor. 8) Tex. Election Code Sec. 172.126. JOINT PRIMARIES AUTHORIZED. (a) The primary elections in a county may be conducted jointly at the regular polling places designated for the general election for state and county officers. The county clerk shall supervise the overall conduct of the joint primary elections. This section applies to the conduct of joint primary elections notwithstanding and in addition to other applicable provisions of this code.
Posted on: Thu, 27 Feb 2014 04:13:06 +0000
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