Waco (FOX 44) — The McLennan County Republican Party says it is filing a complaint against the Democratic candidate for Texas Governor, Beto O’Rourke.

Party chairman Bradford Holland sent an email to FOX 44 News stating the party had filed a complaint because O’Rourke held a rally with a microphone and amplifier within 1000 feet of the voting center at Waco Multipurpose.

That would be a violation of the Texas Election Code and a Class ‘C’ misdemeanor.

"Sec. 61.004.  UNLAWFUL OPERATION OF SOUND AMPLIFICATION DEVICE OR SOUND TRUCK.  (a)  A person commits an offense if, during the voting period and within 1,000 feet of a building in which a polling place is located, the person operates a sound amplification device or a vehicle with a loudspeaker while the device or loudspeaker is being used for the purpose of:(1)  making a political speech; or(2)  electioneering for or against any candidate, measure, or political party.(b)  For the purpose of Subsection (a), a person operates a vehicle with a loudspeaker if the person drives the vehicle, uses the loudspeaker, or operates sound equipment in connection with the loudspeaker.(c)  In this section, "voting period" means the period prescribed by Section 61.003(b).(d)  An offense under this section is a Class C misdemeanor."

Dr. Holland says the Republican party plans to file a complaint with the Texas Secretary of State’s office, as well.

FOX 44 News reached out to the O’Rourke campaign for comment and this report will be updated when they respond.