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Amend HB 556 by adding the following appropriately numbered
SECTIONS to the bill and by renumbering the existing SECTIONS as
appropriate:
SECTION ___. It is the intent of the legislature that in
creating the formula for the finding of an undue burden in
Subsection (c), Section 61.013, Election Code, as added by this
Act, the legislature took into account the size of the political
subdivision holding the election, which affects the amount of
available funds and election workforce, and the costs of voting
machine systems compared to previous accommodations for voters with
disabilities.
SECTION ___. Subsection (a), Section 61.012, Election Code,
is amended to read as follows:
(a) Except as provided by Section 61.013 [Not later than
January 1, 2006], each polling place must provide at least one
voting station that:
(1) complies with:
(A) Section 504 of the federal Rehabilitation Act
of 1973 (29 U.S.C. Section 794) and its subsequent amendments;
(B) [and] Title II of the federal Americans with
Disabilities Act (42 U.S.C. Section 12131 et seq.) and its
subsequent amendments; and
(C) the requirements for accessibility under 42
U.S.C. Section 15481(a)(3) and its subsequent amendments; and
(2) provides a practical and effective means for
voters with physical disabilities to cast a secret ballot.
SECTION ___. Subchapter A, Chapter 61, Election Code, is
amended by adding Section 61.013 to read as follows:
Sec. 61.013. ACCESS BY PERSONS WITH DISABILITIES:
ELECTIONS OF CERTAIN POLITICAL SUBDIVISIONS. (a) For an election
other than an election of a political subdivision that is held
jointly with another election in which a federal office appears on
the ballot, the political subdivision is not required to meet the
requirements of Section 61.012(a)(1)(C) if the political
subdivision:
(1) is a county with a population of less than 2,000;
(2) is a county with a population of 2,000 or more but
less than 5,000, and the county provides at least one voting station
that meets the requirements for accessibility under 42 U.S.C.
Section 15481(a)(3) on election day;
(3) is a county with a population of 5,000 or more but
less than 10,000, and the county provides at least one voting
station that meets the requirements for accessibility under 42
U.S.C. Section 15481(a)(3) on election day and during the period
for early voting by personal appearance;
(4) is a county with a population of 10,000 or more but
less than 20,000, and the county:
(A) makes a showing in the manner provided by
Subsection (c) that compliance with Section 61.012(a)(1)(C)
constitutes an undue burden on the county;
(B) provides at least one voting station that
meets the requirements for accessibility under 42 U.S.C. Section
15481(a)(3) on election day and during the period for early voting
by personal appearance; and
(C) provides a mobile voting station that meets
the requirements for accessibility under 42 U.S.C. Section
15481(a)(3) that during the period for early voting by personal
appearance is deployed at least once at each polling place used for
early voting by personal appearance; or
(5) is located in a county described by Subdivisions
(1)-(4) and meets the same requirements as the county in which the
political subdivision is located.
(b) A voter with a disability that desires a reasonable
accommodation to vote in an election of a county described by
Subsection (a)(1) or a political subdivision located in that county
shall make a request for the accommodation with the early voting
clerk of the county or political subdivision not later than the 21st
day before the date of the election. On receipt of the request, the
early voting clerk shall make a reasonable accommodation to allow
the voter to cast a vote.
(c) A county or political subdivision may make a showing of
undue burden under Subsection (a)(4)(A) by filing an application
with the secretary of state not later than the 90th day before the
date of the election that states the reasons that compliance would
constitute an undue burden. A showing of an undue burden may be
satisfied by proof that the election costs associated with
compliance with Section 61.012(a)(1)(C) constitute a significant
expense for the county or political subdivision and reflect an
increase of at least 25 percent in the costs of holding an election
as compared to the costs of the last general election held by the
county or political subdivision before January 1, 2006. Not later
than the 20th day after the date of receiving an application under
this section, the secretary of state shall determine whether
compliance with Section 61.012(a)(1)(C) is an undue burden for the
county or political subdivision.
(d) A county or political subdivision that intends to use
this section to provide fewer voting stations that meet the
requirements for accessibility under 42 U.S.C. Section 15481(a)(3)
than required by Section 61.012(a)(1)(C) must:
(1) provide notice to the secretary of state of that
intent not later than the 90th day before the date of the election;
and
(2) for a county described by Subsection (a)(2), (3),
or (4), or a political subdivision located in such a county, publish
notice of the location of each voting station that meets the
requirements for accessibility under 42 U.S.C. Section 15481(a)(3)
in a newspaper of general circulation in the county or political
subdivision not later than the 15th day before the date of the start
of the period of early voting by personal appearance.
(e) For purposes of this section, a political subdivision
located in more than one county may choose:
(1) to be considered located in the county that
contains the greatest number of registered voters of the political
subdivision; or
(2) for each portion of the political subdivision
located in a different county, to be considered a separate
political subdivision.
(f) The secretary of state shall prescribe procedures and
adopt rules as necessary to implement this section.
SECTION ___. Subsection (b), Section 61.012, Election Code,
is repealed.