Election Notice:  Early voting for the November 5, 2024 Uniform Election runs from Monday, October 21, 2024 – Friday, November 1, 2024  |  Last day to apply for ballot by mail (received, not postmarked) is Friday, October 25, 2024  |  ID requirements for voting in person  |    ID requirements for voting by mail
EFFECTIVE SEPTEMBER 1, 2023, OUR LOBBY WALK-IN HOURS WILL BE 9 A.M. - 4 P.M. (CENTRAL), MONDAY - FRIDAY.

Election Advisory No. 2024-13

To: All Election Officials
From: Christina Worrell Adkins, Director of Elections
Christina Adkins signature
Date: May 2, 2024
RE: Exemptions to Voting System Accessibility Requirements

As a general rule, a county or a political subdivision must provide at least one accessible voting machine in each early voting and election day polling place, pursuant to Section 61.012(a)(1)(C) of the Texas Election Code (the “Code”). However, for all elections in which a federal office is not on the ballot, a county or a political subdivision located within a county with a population described below may be able to obtain an exemption from the general requirement of providing one accessible voting machine in each polling place. The rules and procedures for that exemption are outlined in Section 61.013 of the Code and in this advisory.

Note that the exemptions are not available to a county when a federal office appears on the ballot or to a political subdivision when the election of the political subdivision is held jointly with an election in which a federal office appears on the ballot.

Notice and Publication Requirement:

  1. All political subdivisions desiring to reduce the number of electronic accessible voting systems must file a written notice with our office stating which exemption they seek to utilize (or, if seeking exemption No. 4, submit an Application of Undue Burden Status) to our office no later than the 90th day before election day. See “Possible Exemptions,” below, for the list of exemptions that may be claimed.

    • For the November 5, 2024 uniform election date, the deadline to submit such notices or an Application of Undue Burden Status is Wednesday, August 7, 2024.

    • For the May 3, 2025 uniform election date, the deadline to submit such notices or an Application of Undue Burden Status is Monday, February 3, 2025. (The statutory deadline falls on Sunday, February 2, 2025, and is extended to the next regular business day under Section 1.006 of the Code).
  2. Our office has created a sample Notice of Exemption (Form 16-2), and an Application of Undue Burden Status (Form 16-1) and instructions for counties and other political subdivisions that can be accessed on our website or by contacting our office for a copy. You are not required to use the form prescribed by our office.

  3. Not later than the 15th day before the start of the period of early voting by personal appearance, all counties or political subdivisions using exemption No. 2, 3, or 4 must publish notice in a newspaper of general circulation of the location of each early voting and election day polling place that will contain an electronic voting system.

Possible Exemptions:

Note: Population is determined by the most recent Federal Census numbers. The relevant population figure to consider is the county’s population, not the population of the political subdivision.

  1. Counties with a population of less than 2,000 or political subdivisions located in a county with a population of less than 2,000 are exempt from the requirement of providing accessible electronic voting systems. A voter with a disability may request a reasonable accommodation by the 21st day before election day with the early voting clerk. Such a reasonable accommodation may include providing an audio tape of the ballot for the voter or a template which lays over the ballot and allows a voter with a visual disability to vote independently and in privacy.
  2. Counties with a population of 2,000 or more but less than 5,000 or political subdivisions located in a county with a population of 2,000 or more but less than 5,000 must provide at least one accessible electronic voting system on election day, preferably at the early voting clerk’s office.
  3. Counties with a population of 5,000 or more but less than 10,000 or political subdivisions located in a county with a population of 5,000 or more but less than 10,000 must provide at least one accessible electronic voting system on election day and during the period for early voting by personal appearance. We suggest that the accessible system be located at the main early voting location during early voting and at the early voting clerk’s office on election day.
  4. Counties with a population of 10,000 or more but less than 20,000 or political subdivisions located in such a county may provide fewer accessible voting stations (than one in every early voting and election day polling place) if they comply with the requirements set out below.
If your political subdivision is located in more than one county, and you fall into one of the 4 categories above, you may choose to be considered either 1) as being located in the county that contains the greatest number of registered voters of your subdivision; or 2) for each portion of your subdivision located in a different county to be considered as a separate subdivision.

Note for Water Districts

If you are a water district claiming an exemption under Section 49.111 of the Texas Water Code, please contact our office if you need guidance on that process.

For more information, please contact the Elections Division at 1-800-252-VOTE (8683).

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