A district may be exempt from using an electronic voting system for an election if certain conditions are met. If it uses the exemption, it must give notice and must comply with timely requests for an accessible voting station.
Sec. 49.111. EXEMPTIONS FROM USE OF ACCESSIBLE VOTING SYSTEMS. (a) Notwithstanding Sections 61.012 and 61.013, Election Code, a district is exempt from the acquisition, lease, or use of an electronic voting system for an election if: (1) the election is a confirmation election or an election held jointly with a confirmation election on the same date and in conjunction with the confirmation election, except for an election in which a federal office appears on the ballot; (2) the most recently scheduled district directors' election was not held, as provided by Section 2.053(b), Election Code; or (3) fewer than 250 voters voted at the most recently held district directors' election. (b) A district eligible for the exemption under Subsection (a) must publish notice in a newspaper of general circulation in an area that includes the district or mail notice to each voter in the district regarding the district's intention to hold an election without providing a voting station that meets the requirements for accessibility under 42 U.S.C. Section 15481(a)(3) on election day and during the period for early voting by personal appearance. The notice must be published or mailed not later than the later of: (1) the 75th day before the date of the election; or (2) the date on which the district adopts the order calling the election. (c) The notice required by Subsection (b) must: (1) provide that any voter in the district may request the use of a voting station that meets the accessibility requirements for voting by a person with a disability; and (2) provide information on how to submit such a request. (d) The district shall comply with a request for an accessible voting station if the request is received not later than the 45th day before the date of the election. Added by Acts 2013, 83rd Leg., R.S., Ch. 105 (S.B. 902), Sec. 11, eff. September 1, 2013.