WACO, Texas (FOX 44) — Beto O’Rourke was in Waco yesterday, but the McLennan County Republican party filed a complaint to the Texas Secretary of State’s office saying O’Rourke violated section 61.004 of the Texas Election Code.

The code says you cannot use an amplification device within 1,000 feet of a polling place.

FOX 44 News attended the rally, and O’Rourke did not start by using a microphone but was eventually given one.

Chairman of the Democratic Party Mark Hays was at the rally and says O’Rourke was losing his voice and having a hard time speaking, so someone in the audience not affiliated with his campaign gave him a microphone and speaker.

“He went back to his truck and came back with a little bitty boom box size P.A. system and a microphone and worked his way through the crowd up to Beto and offered the microphone and Beto took it,” Hays said.

Christopher DeCluitt is the vice chair of the Republican party and says they started receiving many phone calls from people who worked in the area and were upset.

Decluitt says the intent doesn’t matter – it’s the fact that he broke the code.

“If you read the text of the law, 61.004, there doesn’t require a mentality to mean to violate the law, it’s a strict liability,” DeCluitt said. “It’s like speeding. It doesn’t matter if you mean to speed on I-35. The fact is that you did speed.”

The offense is a Class C Misdemeanor.