The city of McKinney is facing a lawsuit over its electioneering ordinance related to the designated areas for electioneering—areas where political candidates are allowed to campaign during election season.
The reason behind the lawsuit stems from a city ordinance the McKinney City Council approved in October that allows candidates to post political signs only in a designated area to the west of the John and Judy Gay Library, which was used as a voting location for the March primary elections.
Collin County Presiding Judge Benjamin N. Smith on March 5 ordered a temporary restraining order be placed on the city, which called for the city to allow electioneering anywhere outside of a state-mandated 100-foot buffer from the building. The 100-foot buffer means that the city’s designated area is more restrictive to electioneering than the state requires.
Plaintiffs Devin Huffines, Jacob Thomas, Aaron Harris, Brent Connett and Matthew Langston, who were issued a citation for violating the ordinance, are suing the city of McKinney, stating the city’s ordinance represents a “significant damage to their constitutional rights of political free speech,” according to the temporary restraining order.
“We will defend the city’s position that setting reasonable regulations at our polling locations to ensure safe and orderly elections does not block free speech,” City Manager Paul Grimes said.
Jodie Laubenberg, chairwoman of the House Committee on Elections, sent a letter to Attorney General Ken Paxton on Feb. 13 asking Paxton to provide a formal opinion to address the constitutionality of the city’s ordinance.
Due to pending litigation with a court date set for March 27, Paxton is refraining from issuing a general opinion on the matter, according to a letter written to Laubenberg.