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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. Section 61.012(a), Election Code, is amended to |
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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 2. Subchapter A, Chapter 61, Election Code, is |
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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) This section |
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applies to an election of a political subdivision other than a |
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county. For an election other than an election of a political |
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subdivision that is held jointly with another election in which a |
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federal office appears on the ballot, the political subdivision is |
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not required to meet the requirements of Section 61.012(a)(1)(C) |
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if the political subdivision is located in a county: |
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(1) with a population of less than 2,000; |
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(2) with a population of 2,000 or more but less than |
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5,000, and the political subdivision 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; |
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(3) with a population of 5,000 or more but less than |
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10,000, and the political subdivision 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; or |
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(4) with a population of 10,000 or more but less than |
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20,000, and the political subdivision: |
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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 political subdivision; |
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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. |
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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 political subdivision |
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described by Subsection (a)(1) shall make a request for the |
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accommodation with the early voting clerk of the political |
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subdivision not later than the 21st day before the date of the |
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election. On receipt of the request, the early voting clerk shall |
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make a reasonable accommodation to allow the voter to cast a vote. |
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(c) A political subdivision may make a showing of undue |
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burden under Subsection (a)(4)(A) by filing an application with the |
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secretary of state not later than the 90th day before the date of |
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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 political subdivision and reflect an increase of at |
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least 25 percent in the costs of holding an election as compared to |
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the costs of the last general election held by the political |
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subdivision before January 1, 2006. Not later than the 20th day |
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after the date of receiving an application under this section, the |
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secretary of state shall determine whether compliance with Section |
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61.012(a)(1)(C) is an undue burden for the political subdivision. |
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(d) A political subdivision that intends to use this section |
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to provide fewer voting stations that meet the requirements for |
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accessibility under 42 U.S.C. Section 15481(a)(3) than required by |
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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 political subdivision described by |
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Subsection (a)(2), (3), or (4), publish notice of the location of |
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each voting station that meets the requirements for accessibility |
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under 42 U.S.C. Section 15481(a)(3) in a newspaper of general |
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circulation in the political subdivision not later than the 15th |
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day before the date of the start of the period of early voting by |
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personal appearance. |
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(e) For purposes of this section, if a political subdivision |
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is located in more than one county, the political subdivision is |
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considered located in the county that contains the greatest number |
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of registered voters of the political subdivision. |
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SECTION 3. Section 61.012(b), Election Code, is repealed. |
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SECTION 4. This Act takes effect September 1, 2007. |