Does state law require all polling places meet strict accessibility standards?

On September 1, 1999, Texas became the first state to require that all new voting systems be accessible to voters with disabilities and provide a practical and effective means for voters with disabilities to cast a secret ballot.

In every federal election (and most non-federal elections), each polling place will offer at least one type of accessible voting equipment or Direct Record Electronic (“DRE”) device. This equipment allows voters with disabilities to vote directly on the system or assist them in marking the paper ballot. Depending on the type of system, voters with disabilities may use headphones or other assistive devices to help them vote independently and secretly.

In certain non-federal elections held in counties with a population of less than 20,000, accessible machines may not be available at every polling place. To determine if accessible machines will be available or to request an accommodation, contact the early voting clerk of the county or political subdivision holding the election at least 21 days before the election.

What accessibility standards must all polling locations meet?

When you go to the polls in Texas, you can expect:

• Your polling place will meet strict accessibility standards, including:

• A location on the ground floor that can be entered from the street or via an elevator with doors that open at least 36 inches

• Doors, entrances, and exits used to enter or leave the polling place that are at least 32 inches wide

• Any curb next to the main entrance to the polling place must have curb-cuts or temporary non-slip ramps

• Stairs necessary to enter or leave the polling place must have handrails on each side and a non-slip ramp.

• Removal of all barriers such as gravel, automatically closing gates, closed doors without lever-type handles, or any other barrier that impedes the path of the physically disabled to the voting station.

• Voting systems that are accessible to voters with physical disabilities and can accommodate no vision, low vision, no hearing, low hearing, limited manual dexterity, limited reach, limited strength, no mobility, low mobility, or any combination of the foregoing (except the combination of no hearing and no vision)

• Each polling place will offer at least one type of accessible voting equipment or Direct Record Electronic (“DRE”) device. This equipment allows voters with disabilities to vote directly on the system or assist them in marking the paper ballot. Depending on the type of system, voters with disabilities may use headphones or other assistive devices to help them vote independently and secretly.

When am I entitled to receive assistance?

You are entitled to receive assistance if you cannot read or write, or if you have a physical disability that prevents you from reading or marking the ballot. Also, you do not have to provide proof of your disability.

Who can I ask for assistance?

If you need help in reading or marking your ballot, you can ask a friend to help you vote, or you can ask the election officials to help you. You can choose anyone you want to help you, except your employer, an agent of your employer, or an officer or agent of your union.

Specifically:

• Any person the voter chooses who is not an election worker;

• Two election workers on Election Day; or

• One election worker during early voting.

You can choose anyone you want to help you, except your employer, an agent of your employer, or an officer or agent of your union.

Can a Poll Watcher watch me vote if I am receiving assistance from an Election Officer?

A watcher is entitled to be present at the voting station when a voter is being assisted by an election officer, and the watcher is entitled to examine the ballot before it is deposited in the ballot box to determine whether it is prepared in accordance with the voter's wishes.

A watcher may not be present at the voting station when a voter is preparing the voter's ballot or is being assisted by a person of the voter's choice.

If I ask for assistance, will someone help me?

If you ask the workers at the polling place to help you, you will be assisted by two election workers on Election Day, or one election worker during early voting.

If you choose to be assisted by polling place officials, poll watchers and/or state and federal election inspectors present in the polling place may observe the voting process to be sure that the ballot has been marked as you requested. If you ask to be assisted by a person of your choosing, no one else may watch you vote.

Does the person assisting me have to fill out a form?

A person, other than an election officer, who assists a voter in accordance with this chapter is required to complete a form stating:

• the name and address of the person assisting the voter;

• the relationship to the voter of the person assisting the voter; and

• whether the person assisting the voter received or accepted any form of compensation or other benefit from a candidate, campaign, or political committee.

Can someone violate the law by helping me vote?

YES, It is illegal for a person assisting you to try to influence your vote, to mark your ballot in a way other than the way you have asked, or to tell anyone how you voted.

If I live at an Assisted Living Facility, can someone drive me to the Polling Location and assist me?

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.

What are my options if I’m physically unable to go into a polling location?

Curbside Voting is available during early voting and on Election Day. If you are physically unable to enter the polling place, you may ask that an election officer bring a ballot to you at the entrance of the polling place or to a car at curbside. 

After you mark the ballot, give it to the election officer who will put it in the ballot box. Or, at your request, a companion may hand you a ballot and deposit it for you.

Are there any other voting options available to me if I am disabled?

Vote by Mail is a method of conducting elections. Instead of using traditional polling places where voters go to cast ballots on Election Day, you can have a ballot mailed to you if you are a registered voter. You then mark the ballot, and mail it back to the county clerk to be counted. 

In order to be eligible to vote by mail, you must:

• be 65 years or older; 

• be sick or disabled; 

• be out of the county on election day and during the period for early voting by personal appearance; or 

• be confined in jail, but otherwise eligible.