Texas 2021 - 87th 2nd C.S.

Texas House Bill HB221 Compare Versions

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

Old	New	Differences
1	1	By: Bucy H.B. No. 221
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to accommodating voters with a disability.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 63.0015, Election Code, is amended by
9	9	amending Subsections (b), (c), and (d) and adding Subsection (f) to
10	10	read as follows:
11	11	(b) An election officer shall [may] accept a person with a
12	12	mobility problem that substantially impairs a person's ability to
13	13	ambulate who is offering to vote before accepting others offering
14	14	to vote at the polling place who arrived before the person.
15	15	(c) Notice of the priority given to persons with a mobility
16	16	problem that substantially impairs a person's ability to ambulate
17	17	shall be posted:
18	18	(1) at [one or more locations in] each entrance to a
19	19	polling place where it can be read by persons waiting to vote;
20	20	(2) on the Internet website of the secretary of state;
21	21	and
22	22	(3) on each Internet website relating to elections
23	23	maintained by a county.
24	24	(d) The notice required by Subsection (c) must read:
25	25	"Pursuant to Section 63.0015, Election Code, an election officer
26	26	shall [may] give voting order priority to individuals with a
27	27	mobility problem that substantially impairs the person's ability to
28	28	move around. A person assisting an individual with a mobility
29	29	problem may also, at the individual's request, be given voting
30	30	order priority. Disabilities and conditions that may qualify you
31	31	for voting order priority include paralysis, lung disease, the use
32	32	of portable oxygen, cardiac deficiency, severe limitation in the
33	33	ability to walk due to arthritic, neurological, or orthopedic
34	34	condition, wheelchair confinement, arthritis, foot disorder, the
35	35	inability to walk 200 feet without stopping to rest, or use of a
36	36	brace, cane, crutch, or other assistive device."
37	37	(f) All procedures and accommodations related to voting
38	38	available for voters with disabilities, including voting under
39	39	Section 64.009, shall be posted in an accessible manner on the
40	40	county clerk's Internet website.
41	41	SECTION 2. Section 64.009, Election Code, is amended by
42	42	adding Subsection (e) to read as follows:
43	43	(e) At each polling place two parking spaces shall be
44	44	reserved for voting under this section. The spaces may not be
45	45	parking spaces designated specifically for persons with
46	46	disabilities. The parking spaces must be clearly marked for use by a
47	47	voter who is unable to enter the polling place with a sign. The sign
48	48	must have a telephone number that a voter may call or text to
49	49	request assistance from election officials at the polling place.
50	50	SECTION 3. Section 84.011(a), Election Code, as effective
51	51	September 1, 2021, is amended to read as follows:
52	52	(a) The officially prescribed application form for an early
53	53	voting ballot must include:
54	54	(1) immediately preceding the signature space the
55	55	statement: "I certify that the information given in this
56	56	application is true, and I understand that giving false information
57	57	in this application is a crime.";
58	58	(2) a statement informing the applicant of the
59	59	offenses prescribed by Sections 84.003 and 84.004;
60	60	(3) spaces for entering an applicant's voter
61	61	registration number and county election precinct of registration,
62	62	with a statement informing the applicant that failure to furnish
63	63	that information does not invalidate the application; and
64	64	(4) on an application for a ballot to be voted by mail:
65	65	(A) a space for an applicant applying on the
66	66	ground of absence from the county of residence to indicate the date
67	67	on or after which the applicant can receive mail at the address
68	68	outside the county;
69	69	(B) a space for indicating the fact that an
70	70	applicant whose application is signed by a witness cannot make the
71	71	applicant's mark and a space for indicating the relationship or
72	72	lack of relationship of the witness to the applicant;
73	73	(C) a space for entering an applicant's telephone
74	74	number, with a statement informing the applicant that failure to
75	75	furnish that information does not invalidate the application;
76	76	(D) a space or box for an applicant applying on
77	77	the ground of age or disability to indicate that the address to
78	78	which the ballot is to be mailed is the address of a facility or
79	79	relative described by Section 84.002(a)(3), if applicable;
80	80	(E) a space or box for an applicant applying on
81	81	the ground of confinement in jail or involuntary civil commitment
82	82	to indicate that the address to which the ballot is to be mailed is
83	83	the address of a relative described by Section 84.002(a)(4) or (7),
84	84	if applicable;
85	85	(F) a space for an applicant applying on the
86	86	ground of age or disability to indicate if the application is an
87	87	application under Section 86.0015;
88	88	(G) spaces for entering the signature, printed
89	89	name, and residence address of any person assisting the applicant;
90	90	(H) a statement informing the applicant of the
91	91	condition prescribed by Section 81.005; [and]
92	92	(I) a statement informing the applicant of the
93	93	requirement prescribed by Section 86.003(c); and
94	94	(J) a space or box for an applicant applying on
95	95	the ground of disability to indicate that the voter would like to
96	96	receive a ballot under Section 86.0035.
97	97	SECTION 4. Subchapter A, Chapter 84, Election Code, is
98	98	amended by adding Section 84.0121 to read as follows:
99	99	Sec. 84.0121. CLERK TO POST APPLICATION FORM ONLINE. (a)
100	100	The early voting clerk shall post the official application form for
101	101	an early voting ballot on the clerk's Internet website in a format
102	102	that allows a person to easily complete the application directly on
103	103	the website before printing.
104	104	(b) The early voting clerk may use the application form
105	105	provided by the secretary of state under Section 84.013 or the early
106	106	voting clerk's own application form.
107	107	SECTION 5. Section 84.013, Election Code, is amended to
108	108	read as follows:
109	109	Sec. 84.013. APPLICATION FORMS FURNISHED BY SECRETARY OF
110	110	STATE. (a) The secretary of state shall maintain a supply of the
111	111	official application forms for ballots to be voted by mail and shall
112	112	furnish the forms in reasonable quantities without charge to
113	113	individuals or organizations requesting them for distribution to
114	114	voters.
115	115	(b) The secretary of state shall provide a printable
116	116	application for a ballot by mail in a format that complies with
117	117	Section 84.0121(a) to the early voting clerk for use under that
118	118	section.
119	119	SECTION 6. Section 86.003, Election Code, is amended by
120	120	amending Subsection (a) and adding Subsection (e) to read as
121	121	follows:
122	122	(a) Except as provided by Subsection (e), the [The]
123	123	balloting materials for voting by mail shall be provided to the
124	124	voter by mail. A ballot provided by any other method may not be
125	125	counted.
126	126	(e) If a voter is eligible for early voting by mail on the
127	127	ground of disability, the balloting materials may be provided in
128	128	accordance with Section 86.0035.
129	129	SECTION 7. Chapter 86, Election Code, is amended by adding
130	130	Section 86.0035 to read as follows:
131	131	Sec. 86.0035. DIGITAL REMOTE VOTING. (a) In this section,
132	132	"tactile marking" means a method of identifying certain materials
133	133	based on touch, and includes a hole punch, a cut corner, or a
134	134	tactile sticker.
135	135	(b) The secretary of state shall implement a program to
136	136	allow a voter eligible for early voting on the ground of disability
137	137	to remotely receive and mark an early voting ballot to be voted by
138	138	mail using assistive technology equipment.
139	139	(c) The program implemented under this section must allow a
140	140	voter to receive and mark an early voting ballot to be voted by mail
141	141	without assistance.
142	142	(d) Section 86.010 applies to a voter voting a ballot under
143	143	this section.
144	144	(e) Subject to Subsection (h), a voter receiving and marking
145	145	a ballot under this section shall print the marked ballot and return
146	146	it in a manner provided by Section 86.006.
147	147	(f) If a voter receives a ballot under this section, the
148	148	early voting clerk shall provide an official ballot envelope and
149	149	carrier envelope to the voter by mail. The ballot envelope and
150	150	carrier envelope must include tactile marking to help the voter
151	151	identify and distinguish between the envelopes.
152	152	(g) A ballot under this section may not be rejected under
153	153	Subchapter C, Chapter 87, on the sole basis that:
154	154	(1) the marked ballot is printed on regular paper; or
155	155	(2) the voter's signature is not in the correct
156	156	location on the carrier envelope, if the voter's signature is
157	157	clearly visible and determined to be the signature of the voter.
158	158	(h) The secretary of state shall adopt rules and procedures
159	159	to implement this section. Rules adopted under this subsection may
160	160	include rules providing for an additional secure method of
161	161	returning a ballot under this section.
162	162	SECTION 8. Section 104.004(e), Election Code, is amended to
163	163	read as follows:
164	164	(e) If the voter is physically unable to enter the early
165	165	voting polling place without personal assistance or a likelihood of
166	166	injuring the voter's health, the clerk shall deliver the balloting
167	167	materials to the voter at the polling place entrance or curb
168	168	following the procedures prescribed by Section 64.009.
169	169	SECTION 9. This Act takes effect immediately if it receives
170	170	a vote of two-thirds of all the members elected to each house, as
171	171	provided by Section 39, Article III, Texas Constitution. If this
172	172	Act does not receive the vote necessary for immediate effect, this
173	173	Act takes effect on the 91st day after the last day of the
174	174	legislative session.