Tex. Election Code Section 64.009
Voter Unable to Enter Polling Place


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.


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:


indicating that the space is reserved for use by a voter who is unable to enter the polling place; and


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.


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.


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.


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.


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.


Except as provided by Section 33.057 (Observing Preparation of Voter’s Ballot), a poll watcher is entitled to observe any activity conducted under this section.


A person who simultaneously assists seven or more voters voting under this section by providing the voters with transportation to the 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.


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 (Method of Computing Degree of Relationship), Chapter 573 (Degrees of Relationship; Nepotism Prohibitions), Government Code.


A form completed under Subsection (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.


The secretary of state shall prescribe the form described by Subsection (f).
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1997, 75th Leg., ch. 864, Sec. 62, eff. Sept. 1, 1997.
Amended by:
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 6.01, eff. December 2, 2021.
Acts 2023, 88th Leg., R.S., Ch. 1066 (S.B. 477), Sec. 2, eff. June 18, 2023.

Source: Section 64.009 — Voter Unable to Enter Polling Place, https://statutes.­capitol.­texas.­gov/Docs/EL/htm/EL.­64.­htm#64.­009 (accessed Jun. 5, 2024).

Jun. 5, 2024

§ 64.009’s source at texas​.gov