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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirements for accessibility to voting equipment |
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by persons with disabilities in certain elections. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. LEGISLATIVE INTENT. It is the intent of the |
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legislature that in creating the formula for the finding of an undue |
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burden in Subsection (c), Section 61.013, Election Code, as added |
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by this Act, the legislature took into account the size of the |
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political subdivision holding the election, which affects the |
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amount of available funds and election workforce, and the costs of |
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voting machine systems compared to previous accommodations for |
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voters with disabilities. |
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SECTION 2. AMENDMENT. Subsection (a), Section 61.012, |
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Election Code, is amended to read as follows: |
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(a) Except as provided by Section 61.013 [Not later than
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January 1, 2006], each polling place must provide at least one |
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voting station that: |
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(1) complies with: |
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(A) Section 504 of the federal Rehabilitation Act |
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of 1973 (29 U.S.C. Section 794) and its subsequent amendments; |
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(B) [and] Title II of the federal Americans with |
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Disabilities Act (42 U.S.C. Section 12131 et seq.) and its |
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subsequent amendments; and |
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(C) the requirements for accessibility under 42 |
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U.S.C. Section 15481(a)(3) and its subsequent amendments; and |
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(2) provides a practical and effective means for |
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voters with physical disabilities to cast a secret ballot. |
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SECTION 3. AMENDMENT. Subchapter A, Chapter 61, Election |
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Code, is amended by adding Section 61.013 to read as follows: |
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Sec. 61.013. ACCESS BY PERSONS WITH DISABILITIES: |
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ELECTIONS OF CERTAIN POLITICAL SUBDIVISIONS. (a) For an election |
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other than an election of a political subdivision that is held |
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jointly with another election in which a federal office appears on |
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the ballot, the political subdivision is not required to meet the |
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requirements of Section 61.012(a)(1)(C) if the political |
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subdivision: |
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(1) is a county with a population of less than 2,000; |
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(2) is a county with a population of 2,000 or more but |
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less than 5,000, and the county provides at least one voting station |
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that meets the requirements for accessibility under 42 U.S.C. |
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Section 15481(a)(3) on election day; |
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(3) is a county with a population of 5,000 or more but |
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less than 10,000, and the county provides at least one voting |
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station that meets the requirements for accessibility under 42 |
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U.S.C. Section 15481(a)(3) on election day and during the period |
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for early voting by personal appearance; |
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(4) is a county with a population of 10,000 or more but |
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less than 20,000, and the county: |
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(A) makes a showing in the manner provided by |
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Subsection (c) that compliance with Section 61.012(a)(1)(C) |
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constitutes an undue burden on the county; |
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(B) provides at least one voting station that |
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meets the requirements for accessibility under 42 U.S.C. Section |
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15481(a)(3) on election day and during the period for early voting |
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by personal appearance; and |
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(C) provides a mobile voting station that meets |
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the requirements for accessibility under 42 U.S.C. Section |
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15481(a)(3) that during the period for early voting by personal |
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appearance is deployed at least once at each polling place used for |
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early voting by personal appearance; or |
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(5) is located in a county described by Subdivisions |
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(1)-(4) and meets the same requirements as the county in which the |
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political subdivision is located. |
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(b) A voter with a disability that desires a reasonable |
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accommodation to vote in an election of a county described by |
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Subsection (a)(1) or a political subdivision located in that county |
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shall make a request for the accommodation with the early voting |
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clerk of the county or political subdivision not later than the 21st |
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day before the date of the election. On receipt of the request, the |
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early voting clerk shall make a reasonable accommodation to allow |
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the voter to cast a vote. |
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(c) A county or political subdivision may make a showing of |
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undue burden under Subsection (a)(4)(A) by filing an application |
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with the secretary of state not later than the 90th day before the |
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date of the election that states the reasons that compliance would |
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constitute an undue burden. A showing of an undue burden may be |
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satisfied by proof that the election costs associated with |
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compliance with Section 61.012(a)(1)(C) constitute a significant |
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expense for the county or political subdivision and reflect an |
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increase of at least 25 percent in the costs of holding an election |
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as compared to the costs of the last general election held by the |
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county or political subdivision before January 1, 2006. Not later |
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than the 20th day after the date of receiving an application under |
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this section, the secretary of state shall determine whether |
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compliance with Section 61.012(a)(1)(C) is an undue burden for the |
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county or political subdivision. |
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(d) A county or political subdivision that intends to use |
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this section to provide fewer voting stations that meet the |
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requirements for accessibility under 42 U.S.C. Section 15481(a)(3) |
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than required by Section 61.012(a)(1)(C) must: |
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(1) provide notice to the secretary of state of that |
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intent not later than the 90th day before the date of the election; |
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and |
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(2) for a county described by Subsection (a)(2), (3), |
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or (4), or a political subdivision located in such a county, publish |
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notice of the location of each voting station that meets the |
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requirements for accessibility under 42 U.S.C. Section 15481(a)(3) |
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in a newspaper of general circulation in the county or political |
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subdivision not later than the 15th day before the date of the start |
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of the period of early voting by personal appearance. |
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(e) For purposes of this section, a political subdivision |
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located in more than one county may choose: |
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(1) to be considered located in the county that |
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contains the greatest number of registered voters of the political |
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subdivision; or |
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(2) for each portion of the political subdivision |
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located in a different county, to be considered a separate |
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political subdivision. |
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(f) The secretary of state shall prescribe procedures and |
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adopt rules as necessary to implement this section. |
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SECTION 4. REPEALER. Subsection (b), Section 61.012, |
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Election Code, is repealed. |
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SECTION 5. EFFECTIVE DATE. This Act takes effect September |
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1, 2007. |