| 1 | 1 | | By: Zaffirini S.B. No. 1459 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating a voter unable to enter a polling place. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Chapter 62, Election Code, is amended by adding |
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| 9 | 9 | | Section 62.017 to read as follows: |
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| 10 | 10 | | Sec. 62.017. NOTICE OF CURBSIDE VOTING. (a) An election |
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| 11 | 11 | | officer shall post notice regarding assistance available to voters |
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| 12 | 12 | | unable to enter the polling place without assistance or likelihood |
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| 13 | 13 | | of injuring the voter’s health, as defined in Section 64.009 of this |
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| 14 | 14 | | title. |
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| 15 | 15 | | (b) Notice under this section shall: |
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| 16 | 16 | | (1) Be printed in: |
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| 17 | 17 | | (1) English; |
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| 18 | 18 | | (2) Spanish; and |
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| 19 | 19 | | (3) Any other language in which a political |
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| 20 | 20 | | subdivision is required to provide assistance under the Voting |
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| 21 | 21 | | Rights Act (52 U.S.C. Section 10301 et seq.); and |
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| 22 | 22 | | (2) Include instructions regarding eligibility |
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| 23 | 23 | | requirements for voting under Section 64.009. |
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| 24 | 24 | | (c) The secretary of state shall prescribe the form and |
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| 25 | 25 | | content of the notice poster in accordance with this section. If it |
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| 26 | 26 | | is not practical to fit all of the information required by this |
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| 27 | 27 | | section on a single poster, the secretary of state may provide for |
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| 28 | 28 | | the use of two or more posters to convey the information. |
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| 29 | 29 | | SECTION 2. Section 64.009, Election Code, is amended as |
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| 30 | 30 | | follows: |
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| 31 | 31 | | Sec. 64.009. VOTER UNABLE TO ENTER POLLING PLACE. (a) [If a] |
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| 32 | 32 | | In this section a voter is physically unable to enter the polling |
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| 33 | 33 | | place if the voter cannot do so without: |
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| 34 | 34 | | (1) personal assistance; |
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| 35 | 35 | | (B) likelihood of injuring the voter's health; or |
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| 36 | 36 | | (C) likelihood of injuring another voter’s health, |
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| 37 | 37 | | including by infecting them with a disease with which the voter was |
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| 38 | 38 | | diagnosed that is capable of person-to-person transmission while |
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| 39 | 39 | | voting or waiting to a polling place. |
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| 40 | 40 | | (a-1) O[o]n the [voter's] request of a voter physically |
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| 41 | 41 | | unable unable to enter the polling place, an election officer shall |
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| 42 | 42 | | deliver a ballot at the polling place entrance or curb to: |
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| 43 | 43 | | (1) the voter; and |
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| 44 | 44 | | (2) a person accompanying the voter, other than the |
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| 45 | 45 | | driver of a vehicle hired to transport the voter to or from |
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| 46 | 46 | | the polls for compensation other than reimbursement for |
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| 47 | 47 | | milage [at the polling place entrance or curb]. |
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| 48 | 48 | | (b) The regular voting procedures may be modified by the |
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| 49 | 49 | | election officer to the extent necessary to conduct voting under |
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| 50 | 50 | | this section. |
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| 51 | 51 | | (c) After the voter is accepted for voting, the voter shall |
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| 52 | 52 | | mark the ballot and give it to the election officer who shall |
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| 53 | 53 | | deposit it in the ballot box. |
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| 54 | 54 | | (d) On the voter's request, a person accompanying the voter |
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| 55 | 55 | | shall be permitted to select the voter's ballot and deposit the |
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| 56 | 56 | | ballot in the ballot box. |
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| 57 | 57 | | SECTION 3. This Act takes effect immediately if it receives a |
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| 58 | 58 | | vote of two-thirds of all the members elected to each house, as |
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| 59 | 59 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 60 | 60 | | Act does not receive the vote necessary for immediate effect, this |
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| 61 | 61 | | Act takes effect September 1, 2021. |
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