By: Guillen H.B. No. 521
A BILL TO BE ENTITLED
AN ACT
relating to accommodating voters with a disability; creating
criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 64.009, Election Code, is amended by
amending Subsections (f), (g), and (h) and by adding Subsections
(a-3), (b-1), (i) and (j) to read as follows:
Sec. 64.009. VOTER UNABLE TO ENTER POLLING PLACE. (a) If a
voter is physically unable to enter the polling place without
personal assistance or likelihood of injuring the voter's health,
on the voter's request, an election officer shall deliver a ballot
to the voter at the polling place entrance or curb.
(a-1) At each polling place an area for parking not smaller
than the size of one parking space shall be reserved for voting
under this section. The area may not be designated specifically for
persons with disabilities. The area must be clearly marked with a
sign:
(1) indicating that the space is reserved for use by a
voter who is unable to enter the polling place; and
(2) displaying, in large font that is clearly readable
from a vehicle, a telephone number that a voter may call or text to
request assistance from an election officer at the polling place.
(a-2) As an alternative to displaying a telephone number
under Subsection (a-1)(2), a parking space may comply with the
requirements of this section by providing the voter with a button or
intercom that the voter may use to request assistance from an
election officer.
(a-3) Except as provided by Subchapter B, an election
officer who delivers a ballot to the voter at the polling place
entrance or curb may not provide assistance in marking the ballot.
(b) The regular voting procedures, except those in
Subchapter B, may be modified by the election officer to the extent
necessary to conduct voting under this section.
(b-1) Prior to delivering a ballot to the voter making the
request under Subsection (a), the voter shall take the following
oath and sign a form acknowledging the oath: "I affirm under penalty
of perjury that I am requesting to vote curbside and that I am
physically unable to enter the polling place without personal
assistance or likelihood of injuring my health."
(c) After the voter is accepted for voting, the voter shall
mark the ballot and give it to the election officer who shall
deposit it in the ballot box.
(d) On the voter's request, a person accompanying the voter
shall be permitted to select the voter's ballot and deposit the
ballot in the ballot box.
(e) Except as provided by Section 33.057, a poll watcher is
entitled to observe any activity conducted under this section.
(f) A person who, during the early voting period and on
election day, [simultaneously] assists seven or more voters voting
under this section by providing the voters with transportation to
polling place must complete and sign a form, provided by an election
officer, that contains the person's name and address and whether
the person is providing assistance solely under this section or
under both this section and Subchapter B.
(f-1) Subsection (f) does not apply if the person is related
to each voter within the second degree by affinity or the third
degree by consanguinity, as determined under Subchapter B, Chapter
573, Government Code.
(g) A form completed under Subsections (b-1) and (f) shall
be delivered to the secretary of state as soon as practicable. The
secretary shall retain a form delivered under this section for the
period for preserving the precinct election records and shall make
the form available to the attorney general for inspection upon
request.
(h) The secretary of state shall prescribe the forms
described by Subsections (b-1) and (f).
(i) A person commits an offense if the person knowingly
fails to complete the form required by Subsections (b-1) and (f).
(j) An offense under this section is a Class A misdemeanor.
SECTION 2. Section 64.0322(a), Election Code, is amended by
amending Subsection (a) and adding Subsections (c), (d), and (e) to
read as follows:
Sec. 64.0322. SUBMISSION OF FORM BY ASSISTANT. (a) A
person [, other than an election officer,] who assists a voter in
accordance with this chapter is required to complete a form
stating:
(1) the name and address of the person assisting the
voter;
(2) the relationship to the voter of the person
assisting the voter; [and]
(3) whether the person assisting the voter received or
accepted any form of compensation or other benefit from a
candidate, campaign, or political committee; and
(4) whether the person assisted seven or more voters
voting under this subchapter during the early voting period and on
election day.
(b) The secretary of state shall prescribe the form required
by this section. The form must be incorporated into the official
carrier envelope if the voter is voting an early voting ballot by
mail and receives assistance under Section 86.010, or must be
submitted to an election officer at the time the voter casts a
ballot if the voter is voting at a polling place or under Section
64.009.
(c) A form completed under Subsection (a) shall be delivered
to the secretary of state as soon as practicable. The secretary of
state shall retain a form delivered under this section for the
period for preserving the precinct election records and shall make
the form available to the attorney general for the inspection upon
request.
(d) A person commits an offense if the person knowingly
fails to complete the form required by this section.
(e) An offense under this section is a Class A misdemeanor.
SECTION 3. Section 64.036, Election Code, is amended by
amending Subsection (d) and adding Subsection (e) to read as
follows:
Sec. 64.036. UNLAWFUL ASSISTANCE. (a) A person commits an
offense if the person knowingly:
(1) provides assistance to a voter who is not eligible
for assistance;
(2) while assisting a voter prepares the voter's
ballot in a way other than the way the voter directs or without
direction from the voter;
(3) while assisting a voter suggests by word, sign, or
gesture how the voter should vote; or
(4) provides assistance to a voter who has not
requested assistance or selected the person to assist the voter.
(b) A person commits an offense if the person knowingly
assists a voter in violation of Section 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 64.032(c).
(d) An election officer commits an offense if the officer
knowingly provides assistance to a voter in violation of Sections
64.032(a) or 64.032(b).
(e) [(d)] An offense under this section is a Class A
misdemeanor.
SECTION 4. This Act takes effect September 1, 2025.