(a) The secretary of state has determined that a voting booth designed to be placed on a table top that meets or exceeds the following specifications may be used without individual approval by the secretary of state.      
        (1) The booth must be constructed of opaque material and have three sides.       
        (2) The top of the booth must reach at least 54 inches from the floor or 24 inches from the table top, whichever is less.       
        (3) The booth must be at least 22 inches wide and 19 inches deep at the writing surface.       
        (4) At the highest point, the booth may be no more than two inches shallower than the depth of the booth at the writing surface.       
        (5) The booth must be so constructed as to be reasonably sturdy and to withstand expected use.       
      (b) A table on which such a booth is placed must meet the following specifications:      
        (1) The table must have a clear knee space underneath that is at least 27 inches high, 30 inches wide, and 19 inches deep; and       
        (2) The table top must be between 28 and 30 inches above the floor.       
      (c) A booth designed for table top use that does not meet or exceed each of the specifications in subsection (a) of this section must be submitted for individual approval by the secretary of state.     
      (d) Variances from statutory standards for voting booths designed to be used by a standing voter will be considered on a case-by-case basis.     
      (e) A voting booth that is free-standing (i.e., not placed on a table top), but is designed for use by a voter in a wheelchair or otherwise in a sitting position must meet the following specifications:      
        (1) The writing surface of the booth must have a clear knee space underneath that is at least 27 inches high, 30 inches wide, and 19 inches deep; and       
        (2) The writing surface of the voting booth must be between 28 and 30 inches above the floor.       
      (f) All booths designed for use with punch-card voting systems that have been approved by the secretary of state for use in Texas may be used as voting booths for punch-card voting, regular paper ballot voting, optical scan ballot voting, or direct recording electronic voting devices without further approval by the secretary of state.     
      (g) Vendors wishing to sell voting booths which do not comply with the Texas Election Code, §51.032, or with subsections (a) or (e) of this section to political subdivisions for use in elections must obtain approval in writing for such booths pursuant to the Texas Election Code, §51.031, before offering the booths for sale.     
     Source Note:        The provisions of this §81.70 adopted to be effective June 27, 1986, 11 TexReg 2739; amended to be effective March 28, 2002, 27 TexReg 2219