By: Bucy H.B. No. 221
A BILL TO BE ENTITLED
AN ACT
relating to accommodating voters with a disability.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 63.0015, Election Code, is amended by
amending Subsections (b), (c), and (d) and adding Subsection (f) to
read as follows:
(b) An election officer shall [may] accept a person with a
mobility problem that substantially impairs a person's ability to
ambulate who is offering to vote before accepting others offering
to vote at the polling place who arrived before the person.
(c) Notice of the priority given to persons with a mobility
problem that substantially impairs a person's ability to ambulate
shall be posted:
(1) at [one or more locations in] each entrance to a
polling place where it can be read by persons waiting to vote;
(2) on the Internet website of the secretary of state;
and
(3) on each Internet website relating to elections
maintained by a county.
(d) The notice required by Subsection (c) must read:
"Pursuant to Section 63.0015, Election Code, an election officer
shall [may] give voting order priority to individuals with a
mobility problem that substantially impairs the person's ability to
move around. A person assisting an individual with a mobility
problem may also, at the individual's request, be given voting
order priority. Disabilities and conditions that may qualify you
for voting order priority include paralysis, lung disease, the use
of portable oxygen, cardiac deficiency, severe limitation in the
ability to walk due to arthritic, neurological, or orthopedic
condition, wheelchair confinement, arthritis, foot disorder, the
inability to walk 200 feet without stopping to rest, or use of a
brace, cane, crutch, or other assistive device."
(f) All procedures and accommodations related to voting
available for voters with disabilities, including voting under
Section 64.009, shall be posted in an accessible manner on the
county clerk's Internet website.
SECTION 2. Section 64.009, Election Code, is amended by
adding Subsection (e) to read as follows:
(e) At each polling place two parking spaces shall be
reserved for voting under this section. The spaces may not be
parking spaces designated specifically for persons with
disabilities. The parking spaces must be clearly marked for use by a
voter who is unable to enter the polling place with a sign. The sign
must have a telephone number that a voter may call or text to
request assistance from election officials at the polling place.
SECTION 3. Section 84.011(a), Election Code, as effective
September 1, 2021, is amended to read as follows:
(a) The officially prescribed application form for an early
voting ballot must include:
(1) immediately preceding the signature space the
statement: "I certify that the information given in this
application is true, and I understand that giving false information
in this application is a crime.";
(2) a statement informing the applicant of the
offenses prescribed by Sections 84.003 and 84.004;
(3) spaces for entering an applicant's voter
registration number and county election precinct of registration,
with a statement informing the applicant that failure to furnish
that information does not invalidate the application; and
(4) on an application for a ballot to be voted by mail:
(A) a space for an applicant applying on the
ground of absence from the county of residence to indicate the date
on or after which the applicant can receive mail at the address
outside the county;
(B) a space for indicating the fact that an
applicant whose application is signed by a witness cannot make the
applicant's mark and a space for indicating the relationship or
lack of relationship of the witness to the applicant;
(C) a space for entering an applicant's telephone
number, with a statement informing the applicant that failure to
furnish that information does not invalidate the application;
(D) a space or box for an applicant applying on
the ground of age or disability to indicate that the address to
which the ballot is to be mailed is the address of a facility or
relative described by Section 84.002(a)(3), if applicable;
(E) a space or box for an applicant applying on
the ground of confinement in jail or involuntary civil commitment
to indicate that the address to which the ballot is to be mailed is
the address of a relative described by Section 84.002(a)(4) or (7),
if applicable;
(F) a space for an applicant applying on the
ground of age or disability to indicate if the application is an
application under Section 86.0015;
(G) spaces for entering the signature, printed
name, and residence address of any person assisting the applicant;
(H) a statement informing the applicant of the
condition prescribed by Section 81.005; [and]
(I) a statement informing the applicant of the
requirement prescribed by Section 86.003(c); and
(J) a space or box for an applicant applying on
the ground of disability to indicate that the voter would like to
receive a ballot under Section 86.0035.
SECTION 4. Subchapter A, Chapter 84, Election Code, is
amended by adding Section 84.0121 to read as follows:
Sec. 84.0121. CLERK TO POST APPLICATION FORM ONLINE. (a)
The early voting clerk shall post the official application form for
an early voting ballot on the clerk's Internet website in a format
that allows a person to easily complete the application directly on
the website before printing.
(b) The early voting clerk may use the application form
provided by the secretary of state under Section 84.013 or the early
voting clerk's own application form.
SECTION 5. Section 84.013, Election Code, is amended to
read as follows:
Sec. 84.013. APPLICATION FORMS FURNISHED BY SECRETARY OF
STATE. (a) The secretary of state shall maintain a supply of the
official application forms for ballots to be voted by mail and shall
furnish the forms in reasonable quantities without charge to
individuals or organizations requesting them for distribution to
voters.
(b) The secretary of state shall provide a printable
application for a ballot by mail in a format that complies with
Section 84.0121(a) to the early voting clerk for use under that
section.
SECTION 6. Section 86.003, Election Code, is amended by
amending Subsection (a) and adding Subsection (e) to read as
follows:
(a) Except as provided by Subsection (e), the [The]
balloting materials for voting by mail shall be provided to the
voter by mail. A ballot provided by any other method may not be
counted.
(e) If a voter is eligible for early voting by mail on the
ground of disability, the balloting materials may be provided in
accordance with Section 86.0035.
SECTION 7. Chapter 86, Election Code, is amended by adding
Section 86.0035 to read as follows:
Sec. 86.0035. DIGITAL REMOTE VOTING. (a) In this section,
"tactile marking" means a method of identifying certain materials
based on touch, and includes a hole punch, a cut corner, or a
tactile sticker.
(b) The secretary of state shall implement a program to
allow a voter eligible for early voting on the ground of disability
to remotely receive and mark an early voting ballot to be voted by
mail using assistive technology equipment.
(c) The program implemented under this section must allow a
voter to receive and mark an early voting ballot to be voted by mail
without assistance.
(d) Section 86.010 applies to a voter voting a ballot under
this section.
(e) Subject to Subsection (h), a voter receiving and marking
a ballot under this section shall print the marked ballot and return
it in a manner provided by Section 86.006.
(f) If a voter receives a ballot under this section, the
early voting clerk shall provide an official ballot envelope and
carrier envelope to the voter by mail. The ballot envelope and
carrier envelope must include tactile marking to help the voter
identify and distinguish between the envelopes.
(g) A ballot under this section may not be rejected under
Subchapter C, Chapter 87, on the sole basis that:
(1) the marked ballot is printed on regular paper; or
(2) the voter's signature is not in the correct
location on the carrier envelope, if the voter's signature is
clearly visible and determined to be the signature of the voter.
(h) The secretary of state shall adopt rules and procedures
to implement this section. Rules adopted under this subsection may
include rules providing for an additional secure method of
returning a ballot under this section.
SECTION 8. Section 104.004(e), Election Code, is amended to
read as follows:
(e) If the voter is physically unable to enter the early
voting polling place without personal assistance or a likelihood of
injuring the voter's health, the clerk shall deliver the balloting
materials to the voter at the polling place entrance or curb
following the procedures prescribed by Section 64.009.
SECTION 9. 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 on the 91st day after the last day of the
legislative session.