86R1101 ADM-D
By: Romero, Jr. H.B. No. 73
A BILL TO BE ENTITLED
AN ACT
relating to assistance provided to a voter.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 63.0013(e), Election Code, as added by
Chapter 980 (H.B. 658), Acts of the 85th Legislature, Regular
Session, 2017, is amended to read as follows:
(e) A person assisting a voter in accordance with Section
64.031 [64.032(c)] may be accepted to vote concurrently with a
person accepted under Subsection (b) of this section at the voter's
request.
SECTION 2. Sections 64.031 and 64.032, Election Code, are
amended to read as follows:
Sec. 64.031. ELIGIBILITY FOR ASSISTANCE. (a) A voter who
requires assistance to vote by reason of blindness, disability, or
inability to read or write, or who requires an interpreter to
comprehend the language in which the ballot is printed or to
communicate with an election officer, may be given assistance by:
(1) a person of the voter's choice, other than the
voter's employer, an agent of that employer, or an officer or agent
of a labor union to which the voter belongs; or
(2) if the voter does not choose a person under
Subdivision (1), [A voter is eligible to receive assistance in
marking the ballot, as provided by this subchapter, if the voter
cannot prepare the ballot because of:
[(1) a physical disability that renders the voter
unable to write or see; or
[(2) an inability to read the language in which the
ballot is written.
[Sec. 64.032. PERSONS PROVIDING ASSISTANCE. (a) Except as
provided by Subsection (c), on a voter's request for assistance in
marking the ballot,] two election officers [shall provide the
assistance].
(b) If a voter is assisted by election officers in the
general election for state and county officers, each officer must
be aligned with a different political party unless there are not two
or more election officers serving the polling place who are aligned
with different parties.
(c) [On the voter's request, the voter may be assisted by
any person selected by the voter other than the voter's employer, an
agent of the voter's employer, or an officer or agent of a labor
union to which the voter belongs.
[(d)] If assistance is provided by a person of the voter's
choice under Subsection (a)(1), an election officer shall enter the
person's name and address on the poll list beside the voter's name.
SECTION 3. Section 64.034, Election Code, is amended to
read as follows:
Sec. 64.034. OATH. (a) Except as provided by Subsection
(b), a [A] person selected to provide assistance to a voter must
take the following oath, administered by an election officer at the
polling place, before providing assistance:
"I swear (or affirm) that I will not suggest, by word, sign,
or gesture, how the voter should vote; I will confine my assistance
to answering the voter's questions, to stating propositions on the
ballot, and to naming candidates and, if listed, their political
parties; I will prepare the voter's ballot as the voter directs; and
I am not the voter's employer, an agent of the voter's employer, or
an officer or agent of a labor union to which the voter belongs."
(b) A person whose assistance to the voter consists only of
serving as an interpreter must take the following oath administered
by an election officer:
"I swear (or affirm) that, to the best of my ability, I will
correctly interpret and translate each question, answer, or
statement addressed either to the voter by any election officer or
to an election officer by the voter."
SECTION 4. Sections 64.036(b) and (c), Election Code, are
amended to read as follows:
(b) A person commits an offense if the person knowingly
assists a voter in violation of Section 64.031 [64.032(c)].
(c) An election officer commits an offense if the officer
knowingly permits a person to provide assistance:
(1) to a voter who is not eligible for assistance; or
(2) in violation of Section 64.031 [64.032(c)].
SECTION 5. Section 86.010(a), Election Code, is amended to
read as follows:
(a) A voter casting a ballot by mail who would be eligible
under Section 64.031 to receive assistance at a polling place may
select a person as provided by that section [Section 64.032(c)] to
assist the voter in preparing the ballot.
SECTION 6. Sections 61.032, 61.033, 61.034, and 61.035,
Election Code, are repealed.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.