North Texas

Confusion Over New Electioneering Law in McKinney

A new law is causing controversy in McKinney.

While state law requires campaign workers to stay 100 feet away from a polling location, McKinney takes it a step further with a new law that orders them to stay in designated areas beyond that 100-foot buffer.

In some cases, it means standing in a field.

Some say the new law violates their First Amendment rights.

Jake Thomas has passed out flyers in the parking lot of the John and Judy Gay Public Library throughout early voting.

On Thursday, he received a ticket for it. The alleged crime: electioneering.

"It's an illegal ordinance. It's an illegal law," Thomas said.

Thomas isn't alone.

NBC 5 was there Friday as code enforcement officers wrote citations to four more campaign workers accused of passing out political flyers outside the designated area.

"This ordinance is completely illegal. They're only banning one kind of speech, and that's political," said Aaron Harris, who received a citation.

McKinney Mayor George Fuller says the ordinance passed after many complaints from voters and residents trying to use the library about aggressive campaign workers.

"The ordinance McKinney has passed is well within the bounds of the law and governs ALL candidates," Fuller said in a statement.

In a statement, a city spokesperson said:

"Every person participating in the election must comply with the same set of standards outlined in our ordinances and in state law. There are not separate standards for different candidates. The city has been working each day with candidates, their representatives and voters to ensure fair access to the polling locations. We are doing our best to create a positive environment for voters and all involved."

Thomas and the others facing up to $500 fines say the new law needs to be repealed and they look forward to their day in court.

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