89th Legislature

HB 1638

Overall Vote Recommendation
Neutral
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 1638 amends the Texas Election Code to extend the authority for certain cities to change the date of their general election for officers to the November uniform election date. Specifically, it applies to cities with populations of 9,000 or less, located predominantly in counties with a total area of less than 6,200 square miles, that have adopted a council-manager form of government and currently hold general elections on dates other than November. The bill extends the deadline for these cities to make such a change from December 31, 2024, to December 31, 2026, with the relevant provisions expiring on January 1, 2027.
Author
Eddie Morales
Fiscal Notes

According to the Legislative Budget Board (LBB), no fiscal impact on the state is anticipated, meaning that implementing this bill will not require additional state funding or resources. Since the bill merely provides an option for certain cities to change their general election date, rather than imposing a new requirement, it does not generate new costs for state agencies.

At the local government level, no significant fiscal impact is expected either. While some eligible cities that choose to switch their general election date to the November uniform election may see minor cost savings, such as reduced administrative expenses from consolidating elections with other scheduled contests, these savings are not projected to be substantial. The bill does not require cities to make the change, meaning any financial effects will be entirely voluntary and dependent on local government decisions.

Overall, HB 1638 has no adverse fiscal consequences, and for some cities, it may increase election efficiency by allowing them to hold elections on the same date as other larger contests, potentially reducing operational costs over time.

Vote Recommendation Notes

HB 1638 aims to improve voter participation by allowing certain small cities to move their general elections to the November uniform election date, where turnout is typically higher. The bill is rooted in the idea that consolidating local elections with larger contests reduces election costs, increases civic engagement, and simplifies the voting process for residents. The example of the City of Alpine, cited in the bill analysis, demonstrates that November elections often yield significantly higher voter participation compared to local off-cycle elections. These benefits align with the principles of Individual Liberty and Personal Responsibility, as they provide local governments with an option, not a mandate, to make changes that could enhance democratic participation.

However, there are valid objections to moving local elections to a uniform election date. Critics argue that local election issues may be diluted when placed on a ballot with higher-profile state and federal races. Voter confusion and ballot fatigue could lead to uninformed voting on local matters, potentially reducing the quality of decision-making at the municipal level. Additionally, there are concerns about partisan shifts, as turnout patterns in November elections may benefit one political group over another, potentially altering the balance of power in local government. Administrative challenges—including longer ballots, increased logistical demands, and resource constraints—also present potential hurdles for election officials. Finally, the bill’s limited scope—only applying to cities with populations under 9,000 and in counties smaller than 6,200 square miles—means it does not extend this flexibility to all local governments, which raises questions about fairness and local control.

Given these competing factors, Texas Policy Research remains NEUTRAL on HB 1638. While the bill’s goals are commendable, its potential downsides cannot be overlooked, particularly regarding local election integrity and administrative feasibility. A more favorable stance could be taken if the bill were expanded to apply to all local governments or if it addressed concerns about election administration and voter education. As currently written, HB 1638 provides an option but does not comprehensively resolve all challenges associated with election date changes.

  • Individual Liberty: The bill modestly enhances Individual Liberty by providing cities with the choice to move their elections to the November uniform date, potentially increasing citizen access to the ballot box. By offering an option rather than a mandate, the bill respects the freedom of local governments and individuals to participate more fully in the electoral process. However, the risk that voters may be overwhelmed or less informed about local issues when voting on crowded ballots during major elections could indirectly undermine the principle of making knowledgeable, meaningful choices. Thus, while the bill promotes access, it raises concerns about the quality of democratic participation.
  • Personal Responsibility: The bill reinforces Personal Responsibility by encouraging broader voter engagement. Moving elections to dates when voter turnout is traditionally higher places the responsibility on individuals to participate alongside other major elections, fostering a civic culture where voting is treated as a more regular and expected duty. Although the bill creates opportunities for greater involvement, it also assumes voters will responsibly educate themselves about local matters even amidst a longer and more complex ballot—an assumption that may not always hold true. Still, the bill respects the foundational belief that active civic participation is essential to self-governance.
  • Free Enterprise: The bill has a neutral impact on Free Enterprise, as it does not create new regulations or directly affect the business environment. Local election timing can influence policies that affect the private sector, but this bill simply adjusts the calendar without introducing new market rules or restrictions. Indirectly, a more representative electorate could result in local leadership more attuned to broad community needs, including economic policies that favor business growth and less government interference. However, these are speculative secondary effects rather than direct consequences of the bill.
  • Private Property Rights: The bill does not have any direct bearing on Private Property Rights. It deals solely with electoral procedure and municipal governance timelines, without affecting laws, regulations, or policies related to individual ownership or control of property. Therefore, from a property rights perspective, the bill is neutral. No expansion or contraction of property-related liberties results from the adoption of this measure.
  • Limited Government: The bill advances the principle of Limited Government to a degree by preserving local discretion—cities may opt into the change rather than being compelled by the state. This respects the idea that governance decisions should occur at the most local and accountable level possible. However, the fact that only certain cities based on population and county size are eligible introduces an element of arbitrary limitation, which is inconsistent with a fully principled limited government approach. Ideally, election flexibility should be available to all local jurisdictions equally, respecting the autonomy of every community without selective state intervention.
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