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.
(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.
(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 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.
(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 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.
(h) 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.
Structure Texas Statutes
Title 6 - Conduct of Elections
Chapter 64 - Voting Procedures
Subchapter A. Voting Generally
Section 64.001. Voter to Select and Prepare Ballot
Section 64.002. Occupancy of Voting Station
Section 64.003. Marking the Ballot for Candidate on Ballot
Section 64.005. Marking the Ballot for Write-in Candidate
Section 64.006. Marking the Ballot for Measure
Section 64.007. Spoiled Ballot
Section 64.008. Depositing Ballot
Section 64.009. Voter Unable to Enter Polling Place
Section 64.010. Unlawfully Permitting or Preventing Deposit of Ballot