Senate committee considers sworn statements, documentation to limit misuse of curbside voting

Senator Bryan Paxton presented House Bill 5,21 to the Committee on State Affairs. The bill would require a voter who requests to vote curbside to complete a sworn statement — under penalty of perjury — affirming they are physically unable to enter the polling place without assistance or risk of injury. The statement would be submitted to the secretary of state and made available for review by the attorney general.

The bill also clarifies that an election officer who delivers a ballot to a curbside voter may not assist in marking that voter’s ballot unless a second election officer is present, mirroring inside‑polling‑place rules. In addition, the bill would require anyone who transports seven or more curbside voters during early voting or on election day to file a report with the secretary of state identifying themselves, their address, and the type of assistance provided; a failure to file that report knowingly would be a class A misdemeanor.

Sponsor Paxton said the reforms preserve access for voters with disabilities while preventing misuse of curbside voting and unfair shortcuts that can delay or displace voters who truly need in‑car assistance. “While current law allows for curbside voting, gaps in the process have led to inconsistencies and inefficiencies, and in some cases, concerns about election security,” Paxton said.

Opponents warned that the additional affidavits and paperwork could intimidate or deter eligible curbside voters and add burdens to poll workers. Dr. Susanna Carranza, who said she works the polls, testified in opposition: “It can be intimidating and prevent folks who really need it,” she told the committee. She said extra paperwork may make poll workers’ jobs harder and discourage use by voters who need the accommodation.

Supporters said the measure simply documents who is using the accommodation and prevents organized—or opportunistic—misuse, for example people asking for curbside ballots for convenience or to cut lines. Ed Johnson, representing a ballot‑security group, said the form would not be burdensome and would protect genuinely disabled voters from being displaced by convenience uses.

Committee members asked clarifying questions about caregivers and custodians (for example, where one spouse needs curbside assistance and the other does not) and discussed how enforcement would operate in practice. The committee left the bill pending for further consideration.