In certain circumstances, voters may need assistance.
The Voting Accessibility for the Elderly and Disabled Act of 1984 requires all polling places to be accessible to people with disabilities. This also includes the right to assistant voting.
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What is assistant voting?
According to the Voting Rights Act, “the VRA serves voters who need assistance with voting due to blindness, disability, or inability to read or write.”
This means that an assistant accompanies voters who qualify for the VRA to the polls and fills out their ballot paper for them. The assistant reads and marks the voter’s ballot.
Who can help with voting?
Under the Texas Penal Code, those who can assist with voting will take an oath promising not to influence the voter’s vote and fill out a form. If the voter chooses polling station officials (each official must be from different political parties) to assist, election inspectors can monitor. However, if the voter chooses his own person, he must vote in privacy.
VoteTexas says the following can help a voter:
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Any person chosen by the voter who is not an election worker;
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Two election workers on election day; or
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One election worker during early voting.
The following cannot help a voter:
If a voter needs an interpreter, he/she may bring one to communicate with election officials.
The interpreter can also act as an assistant for those who cannot translate the language on the ballot but must also follow the assistant protocol.
How does assistant voting work?
At the polling station, the assistant takes the oath or fills out the correct forms, after which it is time to vote.
Under the Texas Penal Code, the relief process is as follows:
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Assistant forms ask for the assistant’s name and address, relationship to the voter, and whether the person assisting the voter has received or accepted any form of compensation or other benefit from a candidate, campaign or political committee. The assistant also takes an oath.
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The assistant reads the entire ballot to the voter, unless the voter specifically requests only a certain portion. Election inspectors will ask voters what they want to read.
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The assistant marks the voter’s ballot.
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The voter then folds the ballot paper and returns it to the ballot box. Assistants can also visit at the voter’s request.
The interpreting process is not that different:
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If the voter cannot translate the language on the ballot, an interpreter must take an oath to translate as accurately as possible.
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If they also offer voice assistance, the interpreter will follow the steps above.
What not to do as a voice assistant
Failure to follow proper voting procedures can lead to unlawful assistance. In this case, the voter’s ballot would be declared invalid and the assistant would be charged with a class A misdemeanor, which carries a fine of up to $4,000 and possibly a year in jail.
Under the Texas Penal Code, deputies must avoid:
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Providing assistance to someone who is not eligible for assistance.
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Preparing the voter’s ballot in a different way is not the voter’s intention.
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Suggesting by word, sign or gesture how the voter should vote.
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Providing assistance to a voter who has not requested assistance.
