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A BILL TO BE ENTITLED
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AN ACT
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relating to accommodating voters with a disability. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 63.0015, Election Code, is amended by |
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amending Subsections (b), (c), and (d) and adding Subsection (f) to |
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read as follows: |
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(b) An election officer shall [may] accept a person with a |
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mobility problem that substantially impairs a person's ability to |
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ambulate who is offering to vote before accepting others offering |
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to vote at the polling place who arrived before the person. |
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(c) Notice of the priority given to persons with a mobility |
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problem that substantially impairs a person's ability to ambulate |
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shall be posted: |
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(1) at [one or more locations in] each entrance to a |
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polling place where it can be read by persons waiting to vote; |
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(2) on the Internet website of the secretary of state; |
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and |
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(3) on each Internet website relating to elections |
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maintained by a county. |
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(d) The notice required by Subsection (c) must read: |
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"Pursuant to Section 63.0015, Election Code, an election officer |
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shall [may] give voting order priority to individuals with a |
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mobility problem that substantially impairs the person's ability to |
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move around. A person assisting an individual with a mobility |
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problem may also, at the individual's request, be given voting |
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order priority. Disabilities and conditions that may qualify you |
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for voting order priority include paralysis, lung disease, the use |
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of portable oxygen, cardiac deficiency, severe limitation in the |
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ability to walk due to arthritic, neurological, or orthopedic |
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condition, wheelchair confinement, arthritis, foot disorder, the |
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inability to walk 200 feet without stopping to rest, or use of a |
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brace, cane, crutch, or other assistive device." |
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(f) All procedures and accommodations available for voters |
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with disabilities, including voting under Section 64.009, shall be |
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posted in an accessible manner on the county clerk's Internet |
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website. |
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SECTION 2. Section 64.009, Election Code, is amended by |
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adding Subsections (a-1) and (a-2) to read as follows: |
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(a-1) At each polling place an area for parking not smaller |
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than the size of two parking spaces shall be reserved for voting |
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under this section. The area may not be designated specifically for |
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persons with disabilities. The area must be clearly marked with a |
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sign: |
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(1) indicating that the space is reserved for use by a |
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voter who is unable to enter the polling place; and |
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(2) displaying, in large font that is clearly readable |
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from a vehicle, a telephone number that a voter may call or text to |
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request assistance from an election officer at the polling place. |
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(a-2) As an alternative to displaying a telephone number |
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under Subsection (a-1)(2), a parking space may comply with the |
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requirements of this section by providing the voter with a button or |
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intercom that the voter may use to request assistance from an |
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election officer. |
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SECTION 3. Subchapter A, Chapter 84, Election Code, is |
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amended by adding Section 84.0121 to read as follows: |
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Sec. 84.0121. CLERK TO POST APPLICATION FORM ONLINE. (a) |
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The early voting clerk shall post the official application form for |
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an early voting ballot on the clerk's Internet website in a format |
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that allows a person to easily complete the application directly on |
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the website before printing. |
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(b) The early voting clerk may use the application form |
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provided by the secretary of state under Section 84.013 or the early |
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voting clerk's own application form. |
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SECTION 4. Section 84.013, Election Code, is amended to |
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read as follows: |
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Sec. 84.013. APPLICATION FORMS FURNISHED BY SECRETARY OF |
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STATE. (a) The secretary of state shall maintain a supply of the |
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official application forms for ballots to be voted by mail and shall |
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furnish the forms in reasonable quantities without charge to |
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individuals or organizations requesting them for distribution to |
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voters. |
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(b) The secretary of state shall provide a printable |
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application for a ballot by mail in a format that complies with |
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Section 84.0121(a) to the early voting clerk for use under that |
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section. |
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SECTION 5. Section 104.004(e), Election Code, is amended to |
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read as follows: |
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(e) If the voter is physically unable to enter the early |
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voting polling place without personal assistance or a likelihood of |
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injuring the voter's health, the clerk shall deliver the balloting |
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materials to the voter at the polling place entrance or curb |
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following the procedures prescribed by Section 64.009. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |