Bill Text: TX SB1459 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating a voter unable to enter a polling place.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-24 - Referred to State Affairs [SB1459 Detail]

Download: Texas-2021-SB1459-Introduced.html
 
 
  By: Zaffirini S.B. No. 1459
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating a voter unable to enter a polling place.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 62, Election Code, is amended by adding
  Section 62.017 to read as follows:
         Sec. 62.017.  NOTICE OF CURBSIDE VOTING.  (a) An election
  officer shall post notice regarding assistance available to voters
  unable to enter the polling place without assistance or likelihood
  of injuring the voter’s health, as defined in Section 64.009 of this
  title. 
         (b) Notice under this section shall:
               (1) Be printed in: 
                     (1) English;
                     (2) Spanish; and
                     (3) Any other language in which a political
  subdivision is required to provide assistance under the Voting
  Rights Act (52 U.S.C. Section 10301 et seq.); and
                     (2)  Include instructions regarding eligibility
  requirements for voting under Section 64.009.
         (c) The secretary of state shall prescribe the form and
  content of the notice poster in accordance with this section. If it
  is not practical to fit all of the information required by this
  section on a single poster, the secretary of state may provide for
  the use of two or more posters to convey the information.
         SECTION 2.  Section 64.009, Election Code, is amended as
  follows:
         Sec. 64.009. VOTER UNABLE TO ENTER POLLING PLACE. (a)  [If a]
  In this section a voter is physically unable to enter the polling
  place if the voter cannot do so without:
               (1) personal assistance;
               (B) likelihood of injuring the voter's health; or
               (C) likelihood of injuring another voter’s health,
  including by infecting them with a disease with which the voter was
  diagnosed that is capable of person-to-person transmission while
  voting or waiting to a polling place.
         (a-1) O[o]n the [voter's] request of a voter physically
  unable unable to enter the polling place, an election officer shall
  deliver a ballot at the polling place entrance or curb to:
               (1) the voter; and
               (2) a person accompanying the voter, other than the
  driver of a vehicle hired to transport the voter to or from
  the polls for compensation other than reimbursement for
  milage [at the polling place entrance or curb].
         (b) The regular voting procedures may be modified by the
  election officer to the extent necessary to conduct voting under
  this section.
         (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.
         SECTION 3. 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 September 1, 2021.
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