This section lets a voter who cannot enter the polling place request a ballot at the entrance or curb, and it sets related parking, form, assistance, and reporting rules.
Sec. 64.009. VOTER UNABLE TO ENTER POLLING PLACE. (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. (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) Upon accepting a voter for voting under this section who is provided transportation by another person, the election officer shall ask the person providing transportation whether the person has assisted seven or more voters voting under this section during the early voting period and on election day. If the person indicates that the person has assisted seven or more voters voting under this section during the early voting period and on election day by providing the voters with transportation to the polling place, the person 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 (a-3) or (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 forms and process required by this section and adopt rules necessary to implement this section. (i) A person commits an offense if the person intentionally fails to complete the form required by Subsection (f). (j) An offense under this section is a Class A misdemeanor. 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. Acts 2025, 89th Leg., R.S., Ch. 923 (H.B. 521), Sec. 2, eff. September 1, 2025.