89th Legislature Regular Session

HB 2442

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 2442 seeks to amend the Texas Election Code regarding the application process for early voting ballots by mail. The bill modifies Section 84.001 by allowing an applicant who submits a mail-in ballot request for a primary or general election to opt out of receiving a mail-in ballot for any resulting runoff election.

Currently, submitting an application for a ballot by mail automatically covers both the main election and any runoff election. Under the proposed changes, an applicant can specifically request not to receive a ballot for the runoff. This option gives voters more flexibility and control over their mail-in voting preferences.

If an application is not timely for the main election, the bill ensures that it will still be valid for the runoff election if received before the deadline applicable to the runoff. The bill aims to reduce unnecessary ballot distribution, which could lower administrative costs and decrease potential voter confusion.

The Act is set to take effect on September 1, 2025.

The original version of HB 2442 and the Committee Substitute share the primary goal of amending the Texas Election Code to modify how applications for mail-in ballots are handled, particularly in relation to runoff elections. However, there are some differences between the two versions in terms of clarity and procedural specifics.

In the original bill, the focus is on allowing applicants for a ballot by mail for a primary or general election to opt out of receiving a ballot for any resulting runoff. It stipulates that, unless otherwise requested by the applicant, a mail ballot application will automatically cover both the main election and any runoff election. The bill also ensures that if an application for the main election is not submitted on time, it can still be valid for the runoff if received by the runoff-specific deadline.

The Committee Substitute, while maintaining this core provision, provides clearer language and more explicit guidance on how the opt-out mechanism should work. It emphasizes the voter’s choice more prominently by directly stating that the applicant may request not to receive a runoff ballot when applying for the primary or general election. This adjustment enhances the usability of the bill and makes the process more understandable for both voters and election administrators.

Additionally, the Committee Substitute refines the legislative language to better align with existing election procedures, thereby reducing potential confusion during implementation. The substitute also ensures consistency in how mail ballot applications are processed for both the main and runoff elections, making the opt-out option more transparent and accessible to voters.

In summary, the Committee Substitute builds on the original bill by enhancing clarity, emphasizing voter autonomy, and refining procedural language to ensure smooth implementation. Both versions aim to improve the voting process by reducing unnecessary ballot distribution, but the substitute is more precise and voter-friendly.
Author
John Bucy III
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 2442, relating to applications for early voting ballots by mail, is anticipated to have no fiscal impact on the State. This means that the bill's provisions do not necessitate additional state funding, create new state programs, or impose new administrative responsibilities on state agencies. The bill simply allows voters who apply for a mail-in ballot for a primary or general election to opt out of receiving a ballot for a runoff election, if one occurs. Since it does not generate additional costs or require substantial changes to state operations, the fiscal impact at the state level is considered negligible.

Regarding local government impact, the LBB also reports that no significant fiscal implication is expected for local entities. Although the bill may result in a slight reduction in the number of ballots mailed out during runoff elections, the associated cost savings are minimal. Local election offices will still need to manage mail-in ballot applications and process requests as usual. Any decrease in ballot distribution would not be substantial enough to result in a measurable reduction in local government expenses.

In summary, HB 2442 is fiscally neutral, as it does not impose additional financial obligations on the state or significantly alter the fiscal responsibilities of local governments. The bill’s primary effect is to improve voter choice without creating a financial burden on public resources.

Vote Recommendation Notes

HB 2442 addresses a practical issue related to mail-in voting in Texas by making the process more streamlined and voter-friendly. Under current law, Texas voters who request a mail-in ballot for an election must also separately request a ballot for any ensuing runoff election. This process can be confusing, especially for voters who assume that once they have opted for a mail-in ballot, they will automatically receive it for any subsequent runoff. The bill seeks to resolve this issue by ensuring that a mail ballot application for the main election also covers any runoff election, unless the voter explicitly chooses to opt out of receiving the runoff ballot.

This change is particularly significant for two primary groups of voters: individuals over the age of 65 and those with disabilities. These individuals frequently utilize mail-in voting and would be eligible to vote by mail in both the primary and runoff elections. The bill, therefore, modernizes the mail-in voting process by making it more logical and consistent, especially since the previous system was designed when mail voting was more restricted.

The bill aligns with liberty principles by supporting individual liberty—it empowers voters to make a clear, single decision regarding their mail-in voting status rather than having to navigate a cumbersome multi-step process. It also promotes personal responsibility by giving voters the choice to opt out if they do not want a runoff ballot, rather than assuming they must manually request it. Additionally, the bill fosters limited government by reducing administrative complexity and ensuring that local election offices can automatically send runoff ballots where applicable, minimizing the need for redundant applications.

The Legislative Budget Board (LBB) has stated that the bill has no significant fiscal impact on either state or local governments, as the adjustment mainly involves administrative efficiency rather than additional expenditures. By making the voting process more accessible and reducing unnecessary paperwork, the bill encourages higher voter participation without incurring added costs.

Therefore, HB 2442 is a practical, voter-centered measure that simplifies mail-in ballot procedures, promotes civic engagement, and respects voter autonomy. Texas Policy Research recommends that lawmakers vote YES on HB 2442.

  • Individual Liberty: HB 2442 enhances individual liberty by giving voters greater control over how they participate in elections. Under current law, voters who request a mail-in ballot for an election must separately apply to receive a ballot for any ensuing runoff election. This can be confusing and burdensome, especially for voters who assume they will automatically receive a runoff ballot after voting by mail in the main election. By allowing voters to opt out of receiving a runoff ballot when applying for the main election, the bill streamlines the voting process and respects the individual's right to choose how they participate in the electoral process. This change empowers voters, particularly seniors and individuals with disabilities who are frequent users of mail-in ballots, to make clear and autonomous decisions.
  • Personal Responsibility: The bill encourages personal responsibility by making it easier for voters to manage their mail-in voting preferences. Rather than requiring voters to repeatedly submit applications for each stage of the election, HB 2442 consolidates the process while still giving voters the option to opt out of runoff voting. This approach respects the voter's ability to make informed decisions about their participation without forcing them into unnecessary bureaucratic steps. The bill’s clear opt-out provision ensures that voters remain accountable for their own choices, promoting a sense of responsibility without imposing burdens.
  • Free Enterprise: Although the bill does not directly affect free enterprise, it indirectly supports a more efficient and accessible electoral system, which can benefit the broader community. By reducing administrative burdens on local election offices, it allows for more effective use of public resources, potentially lowering costs related to redundant mail-in ballot processing. This indirectly promotes a more streamlined government service, aligning with the spirit of efficiency valued in free enterprise.
  • Private Property Rights: HB 2442 does not directly address private property rights, as it primarily concerns the election process and mail-in voting procedures. However, by simplifying how voters engage with the electoral system from their homes, it indirectly supports the idea that individuals should be able to manage their civic responsibilities conveniently from their private residences.
  • Limited Government: The bill aligns with the principle of limited government by reducing unnecessary bureaucratic hurdles. By consolidating the mail-in ballot application process for both the primary and runoff elections, it minimizes government intrusion and administrative redundancy. Election offices will no longer have to process separate applications for the same voter in short succession, reducing paperwork and enabling local governments to allocate resources more efficiently. This streamlining reduces the role of government in a voter's decision-making process, upholding the principle of minimizing governmental interference in personal choices.
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