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A BILL TO BE ENTITLED
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AN ACT
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relating a voter unable to enter a polling place. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 62, Election Code, is amended by adding |
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Section 62.017 to read as follows: |
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Sec. 62.017. NOTICE OF CURBSIDE VOTING. (a) An election |
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officer shall post notice regarding assistance available to voters |
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unable to enter the polling place without assistance or likelihood |
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of injuring the voter’s health, as defined in Section 64.009 of this |
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title. |
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(b) Notice under this section shall: |
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(1) Be printed in: |
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(1) English; |
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(2) Spanish; and |
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(3) Any other language in which a political |
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subdivision is required to provide assistance under the Voting |
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Rights Act (52 U.S.C. Section 10301 et seq.); and |
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(2) Include instructions regarding eligibility |
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requirements for voting under Section 64.009. |
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(c) The secretary of state shall prescribe the form and |
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content of the notice poster in accordance with this section. If it |
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is not practical to fit all of the information required by this |
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section on a single poster, the secretary of state may provide for |
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the use of two or more posters to convey the information. |
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SECTION 2. Section 64.009, Election Code, is amended as |
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follows: |
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Sec. 64.009. VOTER UNABLE TO ENTER POLLING PLACE. (a) [If a] |
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In this section a voter is physically unable to enter the polling |
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place if the voter cannot do so without: |
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(1) personal assistance; |
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(B) likelihood of injuring the voter's health; or |
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(C) likelihood of injuring another voter’s health, |
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including by infecting them with a disease with which the voter was |
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diagnosed that is capable of person-to-person transmission while |
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voting or waiting to a polling place. |
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(a-1) O[o]n the [voter's] request of a voter physically |
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unable unable to enter the polling place, an election officer shall |
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deliver a ballot at the polling place entrance or curb to: |
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(1) the voter; and |
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(2) a person accompanying the voter, other than the |
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driver of a vehicle hired to transport the voter to or from |
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the polls for compensation other than reimbursement for |
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milage [at the polling place entrance or curb]. |
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(b) The regular voting procedures may be modified by the |
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election officer to the extent necessary to conduct voting under |
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this section. |
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(c) After the voter is accepted for voting, the voter shall |
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mark the ballot and give it to the election officer who shall |
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deposit it in the ballot box. |
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(d) On the voter's request, a person accompanying the voter |
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shall be permitted to select the voter's ballot and deposit the |
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ballot in the ballot box. |
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SECTION 3. This Act takes effect immediately if it receives a |
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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, 2021. |