CHAPTER 272. BILINGUAL REQUIREMENTS
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.