According to the Legislative Budget Board (LBB), HB 1661 is not expected to have a significant fiscal impact on the state. The bill introduces two new Class A misdemeanor offenses related to ballot provisioning failures by local election officials and raises penalties for existing offenses concerning the distribution and handling of election supplies.

Although the bill increases certain criminal penalties—including upgrading some offenses from misdemeanors to state jail felonies—the LBB projects that the resulting impact on the state’s correctional system, including incarceration rates or costs for state correctional resources, will be minimal and not significant enough to warrant additional appropriations or systemic adjustments.

For local governments, the bill may generate minor fiscal impacts related to enforcement, prosecution, and potential short-term confinement for election-related offenses. However, the LBB anticipates that these costs would also be minimal and would not place a substantial burden on county or municipal budgets. The bill's implementation is expected to be administratively feasible within the scope of current election operations and prosecutorial practices at the local level.

Overall, HB 1661 is fiscally neutral, reinforcing election compliance without creating new major expenditures or requiring structural changes in state or local government administration.

HB 1661 responds to a real-world failure in Texas election administration, notably the well-documented shortage of ballot paper in Harris County during the November 2022 general election. By requiring local election authorities to provide a surplus of ballots based on prior voter turnout, plus a 25% buffer, the bill aims to ensure that no voter is turned away due to inadequate election supplies. This measure directly supports the foundational principle of individual liberty by safeguarding access to the ballot box, one of the most fundamental rights in a constitutional republic.

In addition to its preventive approach, the bill reinforces accountability by establishing two new Class A misdemeanor offenses for intentional failure to provide or supplement ballots, and it increases penalties for existing offenses related to election supply mismanagement and unauthorized disclosure of election results before polls close. These provisions encourage personal responsibility among election officials while deterring negligent or malicious conduct that could undermine voter access or confidence in elections.

The bill does not create new bureaucratic layers or expand the regulatory scope of the state but rather enforces existing responsibilities with greater precision and consequences. It maintains the balance of limited government while strengthening public trust in electoral institutions. Moreover, fiscal analyses confirm that the bill imposes no significant financial burden on the state or local governments, making it a cost-effective solution to a critical election integrity issue.

Given its targeted approach to improving election administration, alignment with core liberty principles, bipartisan relevance, and negligible fiscal impact, Texas Policy Research recommends that lawmakers vote YES on HB 1661.

• Individual Liberty: The bill enhances individual liberty by protecting the right to vote, a foundational civil liberty in a democratic society. By requiring a surplus of ballots at polling locations and criminalizing intentional ballot shortages, the bill ensures voters are not disenfranchised due to administrative failures. Ensuring every eligible voter has the opportunity to cast a ballot promotes free and fair participation in the democratic process.
• Personal Responsibility: The bill increases accountability for election officials by creating new criminal offenses for intentionally failing to provide or supplement ballots, and by raising penalties for obstructing or mishandling election supplies. These measures incentivize election administrators to act diligently and responsibly. Officials are held to higher standards of conduct, aligning with the idea that individuals in positions of authority must be answerable for the public trust they manage.
• Free Enterprise: The bill does not affect the private sector or market operations directly. However, reliable and trustworthy election administration can indirectly support business confidence in Texas institutions by reinforcing the rule of law and political stability, both of which are essential for a thriving free-market environment.
• Private Property Rights: The bill does not involve land use or property ownership, so it has no direct impact on private property rights. However, a government accountable to the will of the people, as expressed through the ballot box, is more likely to safeguard all other rights, including property.
• Limited Government: While the bill increases criminal penalties and imposes specific procedural requirements on election officials, it does not grow the size or regulatory scope of government. Rather, it enhances the effectiveness and integrity of an existing government function—election administration—within defined constitutional limits. By focusing narrowly on preventing administrative failures that undermine public confidence, the bill strengthens limited government by reinforcing trust in its core responsibilities without expanding its reach.

• SB 507 (Same As)