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Voters With Special Needs

Voting is one of our nation’s most fundamental rights and a hallmark of our democracy. The Americans with Disabilities Act (ADA) is a federal civil rights law that provides protections to people with disabilities that are similar to protections provided to individuals on the basis of race, color, sex, national origin, age, and religion.

Title II of the ADA requires state and local governments (“public entities”) to ensure that people with disabilities have a full and equal opportunity to vote. The ADA’s provisions apply to all aspects of voting, including voter registration, site selection, and the casting of ballots, whether on Election Day or during an early voting in-person process.

Voter Registration

  • People with disabilities have the right to register to vote so long as they are eligible, which means they:

    • Are citizens of the United States;

    • Are at least 17 years and 10 months old at time of registration (but to vote, they must be 18 years of age by Election Day);

    • Have not been finally convicted of a felony, or if they have been convicted, have completed all of their punishment, including any term of incarceration, parole, supervision, probation, or have received a pardon;

      • Note: Deferred adjudication is not a final felony conviction.

    • Have not been determined by a final judgment of a court exercising probate jurisdiction to be totally mentally incapacitated or partially mentally incapacitated without the right to vote.

  • Individuals who have legal guardians may be eligible to register, depending on whether the court took away their right to vote. All guardianship orders issued after September 1, 2007 must state whether the individual can vote.

  • People with disabilities can receive assistance registering to vote from any state agency that provides services to persons with disabilities or from any person they choose.

Accessible Voting Systems

  • 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 election each polling place will offer at least one type of accessible voting equipment. This equipment allows voters with disabilities to vote directly on the system. Depending on the type of system, voters with disabilities may use headphones or other assistive devices to help them vote independently and secretly.

Voting Order Priority

Pursuant to Section 63.0015, Texas Election Code:

An election officer shall give voting order priority to individuals with a mobility problem that substantially impairs the person’s ability to move around.

  •A person assisting an individual with a mobility problem may also, at the individual’s request, be given voting order priority.

  •Disabilities and conditions that may qualify you for voting order priority include paralysis, lung disease, the use of portable oxygen, cardiac deficiency, severe limitation in the ability to walk due to arthritic, neurological, or orthopedic condition, wheelchair confinement, arthritis, foot disorder, the inability to walk 200 feet without stopping to rest, or use of a brace, cane, crutch, or other assistive device.

   •Voters who wish to be given voting order priority, and be accepted for voting before others in line to vote at that polling place, may indicate this to any election officer serving at the polling place. The presiding election judge shall bring the voter and the voter’s assistant, if applicable, forward to the front of the line.

All Polling Places in Texas Must be Accessible

Polling places should support voters, not hinder them. 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 a person with physical disabilities 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. 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.

Voters May Receive Assistance at the Polls

If you need assistance at the polls, tell the election official if you are a voter who needs help to vote. You do not have to provide proof of your disability.

For guidance on which voters are eligible to receive assistance at the polling place, please see Section 208 of the Voting Rights Act (VRA) which provides for voters who need assistance to vote by reason of blindness, disability, or inability to read or write.

 

Voters may be assisted by:

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

  • Two election workers on Election Day; or

  • One election worker during early voting.

Voters MAY NOT be assisted by:

  • Their employer;

  • An agent of their employer; or

  • An officer or agent of their union.

The person assisting the voter must read him or her the entire ballot, unless the voter asks to have only parts of the ballot read. The person assisting the voter must take an oath that he or she will not try to influence the voter’s vote and will mark the ballot as the voter directs. If the voter chooses to be assisted by polling place officials, poll watchers and election inspectors may observe the voting process, but if the voter asks to be assisted by a person the voter chooses, no one else may watch him or her vote.

It is illegal for a person assisting the voter to:

  • Try to influence the voter’s vote;

  • Mark the voter’s ballot in a way other than the way they have asked; or

  • Tell anyone how the voter voted.

Voters May Use Interpreters at the Polls

Voters who cannot speak English, or who communicate only with sign language, may use an interpreter to help them communicate with election officials, regardless of whether the election official(s) attending to the voter can speak the same language as the voter. The voter may select any person other than the voter’s employer, an agent of the voter’s employer, or an officer or agent of a labor union to which the voter belongs. If the voter cannot read the languages on the ballot, the interpreter may also act as an assistant for the voter, but they must follow the procedures for an assistant. (See assistance section above for more details.) If the voter is deaf and does not have a sign language interpreter who can accompany them to help communicate with the poll worker or read the ballot, the voter should contact his or her local election officials before the election and request assistance.

Curbside Voting

If a voter is physically unable to enter the polling place, he or she may ask that an election officer bring a ballot to the entrance of the polling place or to a car parked at the curbside. After the voter marks the ballot, they will give it to the election officer, who will put it in the ballot box. Or, at the voter’s request, a companion may hand the voter a ballot and deposit it for him or her.

TIP FOR VOTERS WITH DISABILITIES: If you plan to go alone to vote curbside, it is wise to call ahead so election officials will expect you. Generally speaking, you may vote curbside during the early voting period (the 17th day before Election Day until the 4th day before Election Day for most elections) or on Election Day. For a May uniform election date or resulting runoff election or some special elections, the early voting period is the 12th day before Election Day until the 4th day before Election Day.

Voters May Vote Early, Either in Person or by Mail

Voters who vote during the early voting period may vote at any early voting site in the political subdivision that is holding the election. Alternatively, if a voter will be 65 years of age or older on Election Day, has a disability, or will be outside the county during early voting hours and on Election Day, the voter can apply to vote by mail. Simply submit a completed and signed Application for a Ballot by Mail any time from the 60th to the 11th day before Election Day to the proper county early voting clerk. An Application for a Ballot by Mail may also be submitted in person by the voter to the early voting clerk’s office if the application is submitted not later than the close of regular business in the clerk’s office by the 11th day before Election Day.

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