CHAPTER 272. BILINGUAL REQUIREMENTS - Texas Statutes

ELECTION CODE

TITLE 16. MISCELLANEOUS PROVISIONS

CHAPTER 272. BILINGUAL REQUIREMENTS

Sec. 272.001. BILINGUAL ELECTION MATERIALS REQUIRED. Bilingual

election materials printed in English and Spanish shall be used

in elections in this state as provided by this chapter.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 272.002. ELECTION PRECINCTS IN WHICH BILINGUAL MATERIALS

USED. Except as provided by Section 272.003, bilingual election

materials shall be used in each election precinct situated wholly

or partly in a county in which five percent or more of the

inhabitants are persons of Spanish origin or descent according to

the most recent federal decennial census that may be officially

recognized or acted upon by the state or political subdivisions.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 272.003. EXEMPT ELECTION PRECINCTS. (a) An election

precinct to which Section 272.002 applies may be exempted from

the bilingual requirement as provided by this section if official

census information or other information indicates that persons of

Spanish origin or descent comprise less than five percent of the

precinct's inhabitants.

(b) To exempt an election precinct from the bilingual

requirement, the presiding officer of the governing body of the

political subdivision responsible for the expenses of an

election, with the approval of the governing body, must file with

the authority responsible for procuring the election supplies for

the political subdivision's elections:

(1) a written certification by the presiding officer that the

precinct qualifies for the exemption;

(2) a written summary of the official census information or

other information relied on to support the exemption;

(3) a map or maps indicating the precinct's boundary and the

boundaries of the census enumeration areas referred to in the

summary; and

(4) an authenticated copy of the resolution or other official

action showing the governing body's approval of the exemption.

(c) An exemption is effective on the 30th day after the date the

certification and other materials required by Subsection (b) are

filed.

(d) In a primary election, each county election precinct that

has been exempted under this section is exempt. If an election

precinct that qualifies for exemption is not certified as exempt

before the 60th day before primary election day, the secretary of

state may exempt the precinct for the primary election by filing

the certification and other materials as provided by Subsection

(b).

(e) A precinct exempted under this section remains exempt until:

(1) the precinct becomes subject to Section 272.002 as a result

of a subsequent federal decennial census; or

(2) the effective date of a change in the precinct's boundary.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 272.004. USE OF BILINGUAL MATERIALS FOR EARLY VOTING.

Bilingual election materials shall be used for early voting in

each election in which bilingual election materials are used.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.73; Acts 1991, 72nd

Leg., ch. 554, Sec. 44, eff. Sept. 1, 1991.

Sec. 272.005. REQUIRED BILINGUAL MATERIALS. (a) The

instruction posters must be printed in English and Spanish on

separate posters or on the same poster with the Spanish text next

to the English text. If separate posters are used, they must be

posted side by side.

(b) Except as provided by Section 272.006, ballots must be

printed with all ballot instructions, office titles, column

headings, proposition headings, and propositions appearing in

English and Spanish.

(c) Except as provided by Section 272.006, the following

materials must contain a Spanish translation beneath the English

text:

(1) the official affidavit forms and other official forms that

voters are required to sign in connection with voting;

(2) the official application forms for early voting ballots;

(3) written instructions furnished to early voting voters; and

(4) the balloting materials furnished to voters in connection

with early voting by mail.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.74; Acts 1991, 72nd

Leg., ch. 554, Sec. 45, eff. Sept. 1, 1991.

Amended by:

Acts 2005, 79th Leg., Ch.

1107, Sec. 2.18, eff. January 1, 2006.

Sec. 272.006. SEPARATE TRANSLATION AUTHORIZED. (a) In an

election precinct in which use of bilingual election materials is

required, bilingual printing of the ballot is not required if a

Spanish translation of the ballot is posted in each voting

station and a statement in Spanish is placed on the ballot

informing the voter that the translation is posted in the

station.

(b) If a separate translation of the ballot is made under

Subsection (a), the translation must be furnished to each voter

to whom an early voting ballot to be voted by mail is provided.

(c) An item specified by Section 272.005(c) is not required to

contain a Spanish translation if:

(1) for an item used in connection with voting at a polling

place:

(A) a separate translation of the item is made available to the

voter on request; and

(B) the item contains a statement in Spanish informing the voter

of the availability of the translation; or

(2) for an item used in connection with early voting by mail, a

separate translation of the item is furnished with the item to

the voter.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.75; Acts 1991, 72nd

Leg., ch. 554, Sec. 46, eff. Sept. 1, 1991.

Amended by:

Acts 2005, 79th Leg., Ch.

1107, Sec. 2.19, eff. January 1, 2006.

Sec. 272.007. AUTHORITY PREPARING TRANSLATION. (a) Except as

otherwise provided by this section, the secretary of state shall

prepare the Spanish translation for the bilingual election

materials required by Sections 272.005 and 272.006.

(b) The secretary of state shall prepare the Spanish translation

of the ballot propositions for proposed constitutional amendments

and other measures submitted by the legislature if the

legislature does not provide a translation.

(c) The authority responsible for having the official ballot

prepared for an election other than a primary election or an

election ordered by the governor shall prepare the Spanish

translation of the contents of the ballot.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Amended by:

Acts 2005, 79th Leg., Ch.

1107, Sec. 2.20, eff. January 1, 2006.

Sec. 272.008. OPTIONAL USE OF BILINGUAL MATERIALS. (a) The

governing body of the political subdivision responsible for the

expenses of an election may require the use of bilingual election

materials in one or more election precincts.

(b) If bilingual materials are required to be used under this

section, an authenticated copy of the resolution or other

official action showing the governing body's decision shall be

filed with the authority responsible for procuring the election

supplies for the political subdivision's elections.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 272.009. BILINGUAL ELECTION CLERKS. (a) The presiding

judge of an election precinct subject to Section 272.002 shall

make reasonable efforts to appoint a sufficient number of

election clerks who are fluent in both English and Spanish to

serve the needs of the Spanish-speaking voters of the precinct.

(b) If the number of election clerks appointed under Subsection

(a) is insufficient to serve the needs of the Spanish-speaking

voters in the election, the authority appointing election judges

for the election shall appoint at least one clerk who is fluent

in both English and Spanish to serve at a central location to

provide assistance for Spanish-speaking voters. On a primary

election day, the county chairs of each party holding a primary

shall each appoint one clerk under this subsection.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 2003, 78th Leg., ch. 638, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1107, Sec. 1.24, eff. September 1, 2005.

Sec. 272.010. VOTER REGISTRATION APPLICATION FORM. (a) The

secretary of state shall prescribe a voter registration

application form that is printed in Spanish or shall include a

Spanish translation beneath the text of the English-language

registration application form prescribed by the secretary.

(b) The voter registrar for each county containing an election

precinct subject to Section 272.002 shall maintain a supply of

the form required by Subsection (a) and shall keep a notice in

Spanish posted at the place in the registrar's office where voter

registration is conducted stating that application forms in

Spanish are available.

(c) The form required by Subsection (a) may be used in any

county in this state.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 253, eff. Sept. 1, 1997.