1 | 1 | | S.B. No. 477 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to accommodating voters with a disability. |
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6 | 6 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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7 | 7 | | SECTION 1. Section 63.0015, Election Code, is amended by |
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8 | 8 | | amending Subsections (b), (c), and (d) and adding Subsection (f) to |
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9 | 9 | | read as follows: |
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10 | 10 | | (b) An election officer shall [may] accept a person with a |
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11 | 11 | | mobility problem that substantially impairs a person's ability to |
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12 | 12 | | ambulate who is offering to vote before accepting others offering |
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13 | 13 | | to vote at the polling place who arrived before the person. |
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14 | 14 | | (c) Notice of the priority given to persons with a mobility |
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15 | 15 | | problem that substantially impairs a person's ability to ambulate |
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16 | 16 | | shall be posted: |
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17 | 17 | | (1) at [one or more locations in] each entrance to a |
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18 | 18 | | polling place where it can be read by persons waiting to vote; |
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19 | 19 | | (2) on the Internet website of the secretary of state; |
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20 | 20 | | and |
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21 | 21 | | (3) on each Internet website relating to elections |
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22 | 22 | | maintained by a county. |
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23 | 23 | | (d) The notice required by Subsection (c) must read: |
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24 | 24 | | "Pursuant to Section 63.0015, Election Code, an election officer |
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25 | 25 | | shall [may] give voting order priority to individuals with a |
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26 | 26 | | mobility problem that substantially impairs the person's ability to |
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27 | 27 | | move around. A person assisting an individual with a mobility |
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28 | 28 | | problem may also, at the individual's request, be given voting |
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29 | 29 | | order priority. Disabilities and conditions that may qualify you |
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30 | 30 | | for voting order priority include paralysis, lung disease, the use |
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31 | 31 | | of portable oxygen, cardiac deficiency, severe limitation in the |
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32 | 32 | | ability to walk due to arthritic, neurological, or orthopedic |
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33 | 33 | | condition, wheelchair confinement, arthritis, foot disorder, the |
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34 | 34 | | inability to walk 200 feet without stopping to rest, or use of a |
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35 | 35 | | brace, cane, crutch, or other assistive device." |
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36 | 36 | | (f) All procedures and accommodations available for voters |
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37 | 37 | | with disabilities, including voting under Section 64.009, shall be |
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38 | 38 | | posted in an accessible manner on the county clerk's Internet |
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39 | 39 | | website. |
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40 | 40 | | SECTION 2. Section 64.009, Election Code, is amended by |
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41 | 41 | | adding Subsections (a-1) and (a-2) to read as follows: |
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42 | 42 | | (a-1) At each polling place an area for parking not smaller |
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43 | 43 | | than the size of one parking space shall be reserved for voting |
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44 | 44 | | under this section. The area may not be designated specifically for |
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45 | 45 | | persons with disabilities. The area must be clearly marked with a |
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46 | 46 | | sign: |
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47 | 47 | | (1) indicating that the space is reserved for use by a |
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48 | 48 | | voter who is unable to enter the polling place; and |
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49 | 49 | | (2) displaying, in large font that is clearly readable |
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50 | 50 | | from a vehicle, a telephone number that a voter may call or text to |
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51 | 51 | | request assistance from an election officer at the polling place. |
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52 | 52 | | (a-2) As an alternative to displaying a telephone number |
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53 | 53 | | under Subsection (a-1)(2), a parking space may comply with the |
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54 | 54 | | requirements of this section by providing the voter with a button or |
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55 | 55 | | intercom that the voter may use to request assistance from an |
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56 | 56 | | election officer. |
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57 | 57 | | SECTION 3. Subchapter A, Chapter 84, Election Code, is |
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58 | 58 | | amended by adding Section 84.0121 to read as follows: |
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59 | 59 | | Sec. 84.0121. CLERK TO POST APPLICATION FORM ONLINE. (a) |
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60 | 60 | | The early voting clerk shall post the official application form for |
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61 | 61 | | an early voting ballot on the clerk's Internet website, if the clerk |
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62 | 62 | | maintains an Internet website, in a format that allows a person to |
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63 | 63 | | easily complete the application directly on the website before |
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64 | 64 | | printing. |
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65 | 65 | | (b) The early voting clerk may use the application form |
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66 | 66 | | provided by the secretary of state under Section 84.013 or the early |
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67 | 67 | | voting clerk's own application form. |
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68 | 68 | | SECTION 4. Section 84.013, Election Code, is amended to |
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69 | 69 | | read as follows: |
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70 | 70 | | Sec. 84.013. APPLICATION FORMS FURNISHED BY SECRETARY OF |
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71 | 71 | | STATE. (a) The secretary of state shall maintain a supply of the |
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72 | 72 | | official application forms for ballots to be voted by mail and shall |
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73 | 73 | | furnish the forms in reasonable quantities without charge to |
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74 | 74 | | individuals or organizations requesting them for distribution to |
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75 | 75 | | voters. |
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76 | 76 | | (b) The secretary of state shall provide a printable |
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77 | 77 | | application for a ballot by mail in a format that complies with |
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78 | 78 | | Section 84.0121(a) to the early voting clerk for use under that |
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79 | 79 | | section. |
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80 | 80 | | SECTION 5. Section 104.004(e), Election Code, is amended to |
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81 | 81 | | read as follows: |
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82 | 82 | | (e) If the voter is physically unable to enter the early |
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83 | 83 | | voting polling place without personal assistance or a likelihood of |
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84 | 84 | | injuring the voter's health, the clerk shall deliver the balloting |
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85 | 85 | | materials to the voter at the polling place entrance or curb |
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86 | 86 | | following the procedures prescribed by Section 64.009. |
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87 | 87 | | SECTION 6. This Act takes effect immediately if it receives |
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88 | 88 | | a vote of two-thirds of all the members elected to each house, as |
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89 | 89 | | provided by Section 39, Article III, Texas Constitution. If this |
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90 | 90 | | Act does not receive the vote necessary for immediate effect, this |
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91 | 91 | | Act takes effect September 1, 2023. |
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92 | 92 | | ______________________________ ______________________________ |
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93 | 93 | | President of the Senate Speaker of the House |
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94 | 94 | | I hereby certify that S.B. No. 477 passed the Senate on |
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95 | 95 | | April 12, 2023, by the following vote: Yeas 29, Nays 2; and that |
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96 | 96 | | the Senate concurred in House amendments on May 25, 2023, by the |
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97 | 97 | | following vote: Yeas 29, Nays 2. |
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98 | 98 | | ______________________________ |
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99 | 99 | | Secretary of the Senate |
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100 | 100 | | I hereby certify that S.B. No. 477 passed the House, with |
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101 | 101 | | amendments, on May 23, 2023, by the following vote: Yeas 109, |
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102 | 102 | | Nays 25, four present not voting. |
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103 | 103 | | ______________________________ |
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104 | 104 | | Chief Clerk of the House |
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105 | 105 | | Approved: |
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106 | 106 | | ______________________________ |
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107 | 107 | | Date |
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108 | 108 | | ______________________________ |
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109 | 109 | | Governor |
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