Can you fill out somebody else’s ballot in Texas? What to know about assistant voting

In certain circumstances, voters may need assistance.

The Voting Accessibility for the Elderly and Handicapped Act of 1984 requires all voting polls to be disability accessible. This also includes the right to assistant voting.

What is assistant voting?

According to the Voting Rights Act, “the VRA provides for voters who need assistance to vote by reason of blindness, disability, or inability to read or write.”

This means an assistant would accompany voters who qualify under the VRA to the polls and fill out their ballot for them. The assistant reads and marks the ballot of the voter.

Who can assist in voting?

According to Texas Penal Code, those who can assist in voting will take an oath promising not to influence the voter’s vote, and fill out a form. If the voter chooses polling officials (each official must be of different political parties) to assist, election inspectors may watch. However, if the voter chooses their own person, they must vote in privacy.

VoteTexas says the following can assist a voter:

• Any person the voter chooses who is not an election worker;

• Two election workers on Election Day; or

• One election worker during early voting.

The following cannot assist a voter:

• The voter’s employer;

• An agent of the voter’s employer; or

• An officer or agent of the voter’s union.

If a voter needs an interpreter, they are allowed to 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 follow assistant protocol as well.

How does assistant voting work?

At the polling station, the assistant will make their oath or fill out their proper forms and then it is time for voting.

According to Texas Penal Code, the assist process goes as follows:

• Assistant forms will ask for the assistant’s name and address, relationship to the voter and whether the person assisting the voter received or accepted any form of compensation or other benefit from a candidate, campaign or political committee. The assistant will also make an oath.

• The assistant will read the whole ballot to the voter, unless the voter specifically asks only for a certain section. Election inspectors will ask the voter what they want to be read.

• Assistant will mark up the voter’s ballot.

• The voter will then fold and turn in the ballot to the ballot box. Assistants may also turn in upon voter’s request.

The interpreter process is not too different:

• If the voter cannot translate the language on the ballot, an interpreter must make an oath to translate as accurately as possible.

• If they also provide ballot assistance, the interpreter would follow the above steps.

What not to do as a voting assistant

Failing to follow correct voting procedures could result in unlawful assistance. In this case, the voter’s ballot would then be voided and the assistant would be charged with a Class A misdemeanor, which is a fine of up to $4,000 and a possible year in jail.

According to the Texas Penal Code, assistants should avoid:

• Providing assistance to someone not eligible for assistance.

• Preparing the voter’s ballot in any other way that is not how the voter intended.

• Suggesting by word, sign or gesture how the voter should vote.

• Providing assistance to a voter who has not asked for assistance.

Ella Gonzales

Fort Worth Star-Telegram

Ella Gonzales is a service journalism reporter for the Fort Worth Star-Telegram. She is part of a team of local journalists who answer reader questions and write about life in North Texas. Ella mainly writes about local restaurants and where to find good deals around town.