The Arc of Texas Provides Input on Assistance to Voters with Disabilities

Verbal Testimony from The Arc of Texas on HB 521

Good afternoon, Chair and members of the committee. My name is Sabrina Gonzalez Saucedo, and I am the Director of Public Policy & Advocacy at The Arc of Texas. The Arc promotes, protects and advocates for the human rights and self determination of Texans with intellectual and developmental disabilities.

I appreciate the opportunity to share our concerns about House Bill 521.

We really appreciate the author’s intent in working with stakeholders to try to address some of our concerns about unintended consequences for voters with disabilities.

We understand that the intent behind this bill is to strengthen election integrity, and we certainly share the goal of ensuring fair and secure elections. However, we are concerned that some of the provisions in this bill may unintentionally create new barriers for voters with disabilities, making it harder for them to exercise their right to vote or have their vote counted. For example, HB 521 requires additional paperwork for election officers assisting voters at curbside voting. Beyond the administrative burden, it also prohibits election officers that deliver a ballot to a curbside voter from assisting the voter mark their ballot.

We also have concerns about the bill’s language regarding documentation requirements and penalties. Page 3 states that a “form completed under Subsection (a) shall be delivered to the secretary of state as soon as practicable,” but without a clear timeline, this could lead to inconsistent enforcement. Additionally, the provision stating that a person commits an offense if they “knowingly fail to complete the form required by Subsection (f)” creates a standard that is difficult to prove. Creating criminal penalties for administrative errors—particularly for those assisting voters—could have a chilling effect, potentially discouraging people from providing assistance to voters with disabilities out of fear of legal repercussions.

Texas has a responsibility to ensure elections are both secure and accessible to voters with disabilities, however our laws have not always ensured that. Just this week, a federal court ruled that provisions of Senate Bill 1 passed in 2021 violated the Americans with Disabilities Act and Section 504 of the Rehabilitation Act by imposing unconstitutional barriers to voting for people with disabilities. Judge Xavier Rodriguez of the U.S. District Court for the Western District of Texas made clear that policies restricting access to the ballot must comply with federal disability rights laws. With this in mind, we encourage the committee to carefully consider the impact of HB 521 on voters with disabilities and look for ways to strengthen election security without creating additional burdens for those who already face significant barriers to participation.

I appreciate the committee’s time and consideration, and I welcome any discussion on how we can work together to ensure all Texans have the opportunity to vote. Thank you.