Adoption of Accessible Voting System after September 1, 1999

1. (1) The requirement of §122.0011 of the Texas Election Code (the "Code") to implement a practical and effective means of providing a secret ballot to persons with physical disabilities is triggered when a political subdivision acquires a new voting system by lease or purchase after September 1, 1999.
2. (2) Only the acquisition of a new voting system (or substantial modification of an existing voting system) that will change voters' interaction with the ballot at the polling sites triggers §122.0011 of the Code. Any change made to a voting system at a central counting station or early voting ballot board that does not directly affect voters does not trigger the law.
3. (3) If a political subdivision acquires a new voting system, the system must be accessible to persons with physical disabilities and provide the voter with a practical and effective means to cast a secret ballot.
4. (4) A political subdivision may use more than one type of voting system in a single polling place for the limited purpose of providing a person with physical disabilities with a method of casting a secret ballot.
5. (5) The rule does not require that a newly acquired voting system be placed in every early voting and election day polling site; however, a newly acquired voting system must be accessible in each polling site it is used.

Source Note:The provisions of this §81.55 adopted to be effective September 17, 2000, 25 TexReg 8843.