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A BILL TO BE ENTITLED
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AN ACT
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relating to accommodating voters with a disability; creating a |
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criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 61.003(a), Election Code, is amended to |
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read as follows: |
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(a) A person commits an offense if, during the voting period |
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and within 100 feet of an outside door through which a voter may |
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enter the building in which a polling place is located or within 20 |
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feet of a parking space designated for curbside voting under |
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Section 64.009, the person: |
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(1) loiters; or |
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(2) electioneers for or against any candidate, |
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measure, or political party. |
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SECTION 2. Section 64.009, Election Code, is amended by |
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amending Subsections (a), (a-1), (f), (g), and (h) and adding |
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Subsections (a-3), (a-4), (a-5), (i), and (j) to read as follows: |
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(a) Subject to Subsection (a-5), if [If] a voter is |
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physically unable to enter the polling place without personal |
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assistance or likelihood of injuring the voter's health, on the |
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voter's request, an election officer shall deliver a ballot to the |
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voter at the polling place entrance or curb. |
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(a-1) At each polling place an area for parking not smaller |
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than the size of one parking space shall be reserved for voting |
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under this section. The area may not be designated specifically for |
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persons with disabilities. The area must be clearly marked with a |
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sign: |
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(1) indicating that the space is reserved for use by a |
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voter who is unable to enter the polling place; [and] |
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(2) displaying, in large font that is clearly readable |
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from a vehicle, a telephone number that a voter may call or text to |
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request assistance from an election officer at the polling place; |
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and |
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(3) displaying, in large font that is clearly readable |
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from a vehicle, that electioneering is prohibited within 20 feet of |
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the parking space. |
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(a-3) Before an election officer may deliver a ballot to a |
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voter under Subsection (a), the voter must complete and sign a form, |
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provided by the election officer, that contains the following |
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statement: "I swear (or affirm) under penalty of perjury that I am |
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physically unable to enter the polling place without personal |
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assistance or likelihood of injuring my health, or I am requesting a |
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reasonable accommodation under Section 1.022, Election Code. |
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Therefore, I am requesting to vote outside the polling place." |
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(a-4) Except as provided by Subchapter B, an election |
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officer who delivers a ballot to the voter at the polling place |
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entrance or curb may not provide assistance in marking the ballot. |
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(a-5) If four or more election officers are present at the |
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polling place, two election officers shall deliver a ballot to the |
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voter at the polling place entrance or curb. |
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(f) A person who, during the early voting period and on |
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election day, [simultaneously] assists seven or more voters voting |
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under this section by providing the voters with transportation to |
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the polling place must complete and sign a form, provided by an |
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election officer, that contains the person's name and address and |
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whether the person is providing assistance solely under this |
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section or under both this section and Subchapter B. |
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(g) A form completed under Subsection (a-3) or (f) shall be |
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delivered to the secretary of state as soon as practicable. The |
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secretary shall retain a form delivered under this section for the |
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period for preserving the precinct election records and shall make |
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the form available to the attorney general for inspection upon |
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request. |
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(h) The secretary of state shall prescribe the forms and |
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process required by this section and adopt rules necessary to |
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implement this section [form described by Subsection (f)]. |
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(i) A person commits an offense if the person knowingly |
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fails to complete the form required by Subsection (f). |
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(j) An offense under this section is a Class A misdemeanor. |
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SECTION 3. Section 64.0322, Election Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) A person[, other than an election officer,] who assists |
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a voter in accordance with this chapter is required to complete a |
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form stating: |
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(1) the name and address of the person assisting the |
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voter; |
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(2) the relationship to the voter of the person |
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assisting the voter; and |
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(3) whether the person assisting the voter received or |
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accepted any form of compensation or other benefit from a |
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candidate, campaign, or political committee. |
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(c) Not later than the 30th day after the date of the |
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election, the county clerk shall report to the secretary of state |
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information regarding any individual who assisted a total of seven |
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or more voters during the early voting period and on election day. |
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SECTION 4. Section 85.036(a), Election Code, is amended to |
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read as follows: |
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(a) During the time an early voting polling place is open |
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for the conduct of early voting, a person may not electioneer for or |
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against any candidate, measure, or political party: |
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(1) in or within 100 feet of an outside door through |
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which a voter may enter the building or structure in which the early |
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voting polling place is located; or |
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(2) within 20 feet of a parking space designated for |
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curbside voting under Section 64.009. |
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SECTION 5. This Act takes effect September 1, 2025. |