Elections

Is it legal to give voters food or water while voting in Texas? Here’s what the law says

A man walks up to a line of voters outside of the Deaf and Hard of Hearing Center on Election Day, Tuesday, Nov. 7, 2023, in Corpus Christi, Texas.
A man walks up to a line of voters outside of the Deaf and Hard of Hearing Center on Election Day, Tuesday, Nov. 7, 2023, in Corpus Christi, Texas. USA TODAY NETWORK

Early voting has begun for the Nov. 5 general elections and Texans are already facing extended wait times.

At least a dozen Tarrant County voting sites saw wait times longer than 45 minutes on Monday, Oct. 21. For a full guide to voting in Tarrant County, visit the Star-Telegram’s here.

Waiting in line to vote can be tedious, especially if you’re hungry or thirsty. So what exactly is the legality of handing out water or food to voters in line?

Here’s what to know:

Is it legal to give people food or water while voting in Texas?

Yes, but it depends on the intention.

Texas Penal Code section 36.02 states that a person commits bribery when they intentionally or knowingly offer another person:

  • Any benefit as consideration for the recipient’s decision, opinion, recommendation, vote, or other exercise of discretion as a public servant, party official, or voter.

  • Any benefit as consideration for the recipient’s decision, vote, recommendation, or other exercise of official discretion in a judicial or administrative proceeding.

  • Any benefit as consideration for a violation of a duty imposed by law on a public servant or party official.

  • Any benefit that is a political contribution.

If the person giving out water or food is trying to influence someone’s vote, that is illegal and a second-degree felony. Per Texas law, a second-degree felony is punishable by imprisonment between two and 20 years and a fine of up to $10,000.

If the person giving out water or food is not trying to influence someone’s vote, that is legal in Texas.

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Brayden Garcia
Fort Worth Star-Telegram
Brayden Garcia is a service journalism reporter at the Fort Worth Star-Telegram. He is part of a team of local journalists who answer reader questions and write about life in North Texas. Brayden mainly writes about weather and all things Taylor Sheridan-related.
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