Bill Text: TX HB229 | 2021 | 87th Legislature 1st Special Session | Introduced

Texas House Bill 229 (Prior Session Legislation)

Introduced

Bill Title: Relating to accommodating voters with a disability.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2021-07-09 - Filed [HB229 Detail]

Download: Texas-2021-HB229-Introduced.html

	87S10451 MLH-D

	By: Bucy	H.B. No. 229



	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.