Texas Election Code

§ 64.009 — VOTER UNABLE TO ENTER POLLING PLACE

EL § 64.009Title 6. CONDUCT OF ELECTIONS · Ch. 64. VOTING PROCEDURES · Art. A. VOTING GENERALLY

Statute text

(a)Subject to Subsection (a-5), 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;

(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; and

(3)displaying, in large font that is clearly readable from a vehicle, that electioneering is prohibited within 20 feet of the parking space. (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) Before an election officer may deliver a ballot to a voter under Subsection (a), the voter must complete and sign a form, provided by the election officer, that contains the following statement: "I swear (or affirm) under penalty of perjury that I am physically unable to enter the polling place without personal assistance or likelihood of injuring my health, or I am requesting a reasonable accommodation under Section 1.022, Election Code. Therefore, I am requesting to vote outside the polling place." (a-4) 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. (a-5) If four or more election officers are present at the polling place, two election officers shall deliver a ballot to the voter at the polling place entrance or curb. (a-6) Notwithstanding any other provision of this code, if a voter is escorting a person to whom Subsection (a) applies to the polling place entrance or curb, on the voter's request, an election officer shall deliver a ballot to the voter at the polling place entrance or curb.

(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.

(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.

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Legislative history

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. Acts 2025, 89th Leg., R.S., Ch. 923 (H.B. 521), Sec. 2, eff. September 1, 2025.