Texas 2019 - 86th Regular

Texas House Bill HB73 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R1101 ADM-D
2	2	By: Romero, Jr. H.B. No. 73
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to assistance provided to a voter.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 63.0013(e), Election Code, as added by
10	10	Chapter 980 (H.B. 658), Acts of the 85th Legislature, Regular
11	11	Session, 2017, is amended to read as follows:
12	12	(e) A person assisting a voter in accordance with Section
13	13	64.031 [64.032(c)] may be accepted to vote concurrently with a
14	14	person accepted under Subsection (b) of this section at the voter's
15	15	request.
16	16	SECTION 2. Sections 64.031 and 64.032, Election Code, are
17	17	amended to read as follows:
18	18	Sec. 64.031. ELIGIBILITY FOR ASSISTANCE. (a) A voter who
19	19	requires assistance to vote by reason of blindness, disability, or
20	20	inability to read or write, or who requires an interpreter to
21	21	comprehend the language in which the ballot is printed or to
22	22	communicate with an election officer, may be given assistance by:
23	23	(1) a person of the voter's choice, other than the
24	24	voter's employer, an agent of that employer, or an officer or agent
25	25	of a labor union to which the voter belongs; or
26	26	(2) if the voter does not choose a person under
27	27	Subdivision (1), [A voter is eligible to receive assistance in
28	28	marking the ballot, as provided by this subchapter, if the voter
29	29	cannot prepare the ballot because of:
30	30	[(1) a physical disability that renders the voter
31	31	unable to write or see; or
32	32	[(2) an inability to read the language in which the
33	33	ballot is written.
34	34	[Sec. 64.032. PERSONS PROVIDING ASSISTANCE. (a) Except as
35	35	provided by Subsection (c), on a voter's request for assistance in
36	36	marking the ballot,] two election officers [shall provide the
37	37	assistance].
38	38	(b) If a voter is assisted by election officers in the
39	39	general election for state and county officers, each officer must
40	40	be aligned with a different political party unless there are not two
41	41	or more election officers serving the polling place who are aligned
42	42	with different parties.
43	43	(c) [On the voter's request, the voter may be assisted by
44	44	any person selected by the voter other than the voter's employer, an
45	45	agent of the voter's employer, or an officer or agent of a labor
46	46	union to which the voter belongs.
47	47	[(d)] If assistance is provided by a person of the voter's
48	48	choice under Subsection (a)(1), an election officer shall enter the
49	49	person's name and address on the poll list beside the voter's name.
50	50	SECTION 3. Section 64.034, Election Code, is amended to
51	51	read as follows:
52	52	Sec. 64.034. OATH. (a) Except as provided by Subsection
53	53	(b), a [A] person selected to provide assistance to a voter must
54	54	take the following oath, administered by an election officer at the
55	55	polling place, before providing assistance:
56	56	"I swear (or affirm) that I will not suggest, by word, sign,
57	57	or gesture, how the voter should vote; I will confine my assistance
58	58	to answering the voter's questions, to stating propositions on the
59	59	ballot, and to naming candidates and, if listed, their political
60	60	parties; I will prepare the voter's ballot as the voter directs; and
61	61	I am not the voter's employer, an agent of the voter's employer, or
62	62	an officer or agent of a labor union to which the voter belongs."
63	63	(b) A person whose assistance to the voter consists only of
64	64	serving as an interpreter must take the following oath administered
65	65	by an election officer:
66	66	"I swear (or affirm) that, to the best of my ability, I will
67	67	correctly interpret and translate each question, answer, or
68	68	statement addressed either to the voter by any election officer or
69	69	to an election officer by the voter."
70	70	SECTION 4. Sections 64.036(b) and (c), Election Code, are
71	71	amended to read as follows:
72	72	(b) A person commits an offense if the person knowingly
73	73	assists a voter in violation of Section 64.031 [64.032(c)].
74	74	(c) An election officer commits an offense if the officer
75	75	knowingly permits a person to provide assistance:
76	76	(1) to a voter who is not eligible for assistance; or
77	77	(2) in violation of Section 64.031 [64.032(c)].
78	78	SECTION 5. Section 86.010(a), Election Code, is amended to
79	79	read as follows:
80	80	(a) A voter casting a ballot by mail who would be eligible
81	81	under Section 64.031 to receive assistance at a polling place may
82	82	select a person as provided by that section [Section 64.032(c)] to
83	83	assist the voter in preparing the ballot.
84	84	SECTION 6. Sections 61.032, 61.033, 61.034, and 61.035,
85	85	Election Code, are repealed.
86	86	SECTION 7. This Act takes effect immediately if it receives
87	87	a vote of two-thirds of all the members elected to each house, as
88	88	provided by Section 39, Article III, Texas Constitution. If this
89	89	Act does not receive the vote necessary for immediate effect, this
90	90	Act takes effect September 1, 2019.