89th Legislature Regular Session

HB 1091

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 1091 seeks to amend the Texas Election Code regarding early voting processes and procedures. The bill extends the deadline for submitting an application for a mail-in ballot from the 11th day before election day to the 15th day. Additionally, it requires that the application be submitted no later than the close of business or 12 noon on that day, whichever is later. If the deadline falls on a weekend or holiday, the deadline is moved to the preceding business day.

The bill also amends the deadline for receiving mail-in ballots, specifying that ballots must arrive before polls close on election day. It eliminates the previous allowance for ballots postmarked by election day to arrive the day after. Furthermore, it introduces provisions for timely returning corrected ballots voted by mail, requiring adherence to specific return procedures.

The bill specifies that early voting ballot boards and central counting stations cannot start accumulating voting results before designated times on election day. Depending on the county’s population and method of ballot counting, these times vary (12 p.m., 3 p.m., or 6 p.m.). Additionally, the bill prohibits the generation of printouts or records of early voting results before the polls close.

The bill also mandates that the early voting clerk give notice to political party chairs at least 24 hours before delivering early voting materials. It includes new provisions on the operation of central counting stations, requiring advance notice of ballot processing and counting schedules.

The bill repeals several existing Election Code sections, including those related to counting ballots received after election day. It sets an effective date of September 1, 2025.

The original version of HB 1091 focused on modifying deadlines and procedures related to early voting ballots by mail. One of the most significant changes introduced by the original bill was the extension of the deadline for submitting an application for a mail-in ballot from the 11th to the 15th day before election day. Additionally, the bill allowed ballots to be counted if they arrived before 5 p.m. on the day before election day, provided they were placed for delivery by the fourth day before election day. It also permitted ballots from outside the United States to arrive up to five days after election day. Regarding the delivery of early voting materials, the bill allowed for the delivery between the end of early voting by personal appearance and the closing of the polls on election day, while requiring that political party chairs receive a 24-hour notice. Furthermore, the bill established that early voting results could not be accumulated until specific times on election day—12 p.m., 3 p.m., or 6 p.m.—depending on the county's population size and the method of ballot counting.

In contrast, the Committee Substitute for HB 1091 introduced tighter restrictions, particularly concerning late ballots. The substitute bill eliminated the provision that allowed ballots mailed on or before election day to arrive the day after and still be counted, requiring instead that ballots arrive strictly before the polls close on election day. This change was intended to simplify and tighten the deadline criteria. The substitute bill also clarified the counting procedures by removing provisions that permitted ballots placed for delivery before election day but arriving the day after to be counted. It maintained the 24-hour notice requirement for delivering early voting materials, but it also imposed restrictions on early voting ballot boards, prohibiting them from accumulating or printing early voting results before designated times (12 p.m., 3 p.m., or 6 p.m.) on election day, depending on factors like population size and whether the ballots are counted manually. Additionally, the substitute bill repealed more sections of the Election Code compared to the original bill, focusing on eliminating outdated or conflicting provisions to enhance consistency and clarity in election procedures.

In summary, while the original version of HB 1091 aimed to extend deadlines and allow flexibility in counting late-arriving ballots, the committee substitute took a more restrictive approach by enforcing stricter deadlines for ballot arrival and eliminating allowances for ballots postmarked on election day to arrive the following day. The substitute also clarified and streamlined early voting result accumulation procedures, ensuring uniformity and accuracy in the election process.
Author
Dennis Paul
Co-Author
Janis Holt
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 1091 is not expected to have a significant fiscal impact on the state. According to the fiscal note dated May 2, 2025, it is assumed that any costs associated with the implementation of the bill can be managed within existing state resources. Therefore, the state government would not need to allocate additional funding specifically for this legislation.

Regarding the impact on local government, the LBB also determined that the bill would not result in significant fiscal implications for local units of government. This assessment was made based on input from the Secretary of State's office and the LBB staff, who concluded that local governments would be able to accommodate any procedural changes mandated by the bill without incurring substantial additional expenses.

In summary, the implementation of HB 1091 would not require significant new funding or financial adjustments from either state or local governments, as existing resources are deemed sufficient to handle the bill’s requirements.

Vote Recommendation Notes

HB 1091 addresses critical issues related to the timeliness and transparency of early voting procedures, specifically focusing on mail-in ballots. The bill aims to mitigate concerns about delayed reporting of voting results, which can undermine public confidence and increase the perception of election fraud. By eliminating the provision allowing mail-in ballots to arrive the day after election day if postmarked on time, the bill ensures that all counted ballots are received by the time the polls close on election day. This change enhances the integrity and certainty of election outcomes, aligning with the principle of Limited Government by establishing clear, enforceable guidelines that reduce the risk of delayed or disputed results.

The bill also improves Individual Liberty by fostering a more transparent election process. Requiring timely reporting of early voting results helps ensure that all voters, regardless of how they cast their ballots, can trust the promptness and accuracy of the final tally. Furthermore, the streamlined and uniform deadlines for submitting and counting mail-in ballots promote Personal Responsibility, as voters will have clearer expectations for when their ballots must be submitted. The inclusion of advance notice requirements for delivering early voting materials to party chairs and public postings of counting schedules also reinforces Transparency and public accountability.

From a Free Enterprise perspective, the bill’s predictable and standardized procedures reduce administrative burdens on election officials and create a consistent process across counties. Moreover, by giving the Secretary of State rulemaking authority to implement these changes, the bill supports efficient and flexible management of election practices. In terms of Private Property Rights, the bill does not directly address property issues but indirectly supports the public’s right to free and fair elections by clarifying ballot-handling procedures.

In summary, HB 1091 promotes fair, transparent, and timely elections while maintaining clear rules that support both voter responsibility and governmental accountability. Given its alignment with core liberty principles, particularly Limited Government, Individual Liberty, and Personal Responsibility, Texas Policy Research recommends that lawmakers vote YES on HB 1091.

  • Individual Liberty: The bill enhances Individual Liberty by promoting transparency and fairness in the electoral process. By requiring all mail-in ballots to be received by the time the polls close on election day, it reduces ambiguity around ballot validity, which in turn protects voters’ confidence that their votes will be accurately counted. Additionally, by ensuring more timely reporting of results, the bill upholds the public’s right to know election outcomes without unnecessary delays, fostering trust in the electoral system.
  • Personal Responsibility: HB 1091 places a greater emphasis on Personal Responsibility by clearly defining the deadline for submitting mail-in ballots. Voters must take proactive steps to ensure their ballots are mailed early enough to arrive before the polls close. This shift eliminates the leniency previously afforded to ballots postmarked on election day but received the next day. In doing so, the bill underscores the importance of individual diligence in adhering to voting timelines.
  • Free Enterprise: While the bill does not directly address economic or business concerns, it indirectly supports Free Enterprise by reducing potential administrative burdens on election officials. By creating a standardized and predictable process for handling early voting and mail-in ballots, it minimizes operational uncertainties. This consistency can help streamline election procedures, allowing counties of various sizes to manage the process efficiently without incurring additional costs or procedural confusion.
  • Private Property Rights: The bill does not explicitly affect Private Property Rights. However, it indirectly supports citizens' rights to participate in the democratic process by clarifying the procedures and deadlines for voting. In this way, it protects the broader civic right to have one’s vote accurately counted and reported in a timely manner.
  • Limited Government: HB 1091 aligns with the principle of Limited Government by setting clear, consistent guidelines that reduce the scope for administrative interpretation or error. By eliminating previous provisions that allowed ballots to be counted after election day if postmarked correctly, the bill decreases the potential for disputes and the need for prolonged government intervention in the vote-counting process. Moreover, granting rulemaking authority to the Secretary of State for implementing these changes ensures that adjustments are made within a structured framework, preventing arbitrary rule-making at the local level.
View Bill Text and Status