BILL ANALYSIS

 

 

Senate Research Center

S.B. 62

89R2913 LRM-F

By: Zaffirini

 

State Affairs

 

1/23/2025

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current law permits children to accompany their parents to voting stations, but it is unclear whether they may mark ballots under their parents' direction. This ambiguity has raised concerns that voting clerks could prevent parents from allowing their children to participate in this way, denying parents the opportunity to teach their children about the importance of voting as a fundamental right and responsibility.

 

S.B. 62 would address this issue by explicitly allowing children younger than 14 accompanying their parents to voting stations to read or mark ballots under their parents' direction. By providing this clarity, the bill would ensure parents could engage their children in the voting process, fostering early civic participation and emphasizing the significance of democratic engagement.

 

As proposed, S.B. 62 amends current law relating to the reading and marking of a ballot by a person occupying a voting station or by the person's child.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Subchapter E, Chapter 31, Election Code, by adding Section 31.131, as follows:

 

Sec. 31.131. EDUCATIONAL MATERIALS ON CHILD PARTICIPATION IN VOTING. (a) Requires the secretary of state (SOS) to develop voter education materials for parents on the procedures under Section 64.002(b) that allow a child under 14 years of age to read and mark the ballot while accompanying the child's parent to a voting station. Requires SOS to make the voter education materials available on SOS's Internet website.

 

(b) Requires the county officer responsible for administering elections in a county to which Section 31.125 (County Website) applies to make the voter education materials developed by SOS under Subsection (a) available on the county's Internet website.

 

SECTION 2. Amends Section 64.002 (b), Election Code, as follows:

 

(b) Authorizes a child under 18 years of age to accompany the child's parent to a voting station, and, if the child is under 14 years of age, authorizes the child to read or mark the ballot at the direction of the parent. Provides that reading or marking a ballot under this subsection does not constitute assisting a voter for purposes of Subchapter B (Assisting Voter), Chapter 64 (Voting Procedures).

 

SECTION 3. Effective date: September 1, 2025.