HB 521

Overall Vote Recommendation
Yes
Principle Criteria
neutral
Free Enterprise
neutral
Property Rights
positive
Personal Responsibility
neutral
Limited Government
neutral
Individual Liberty
Digest
HB 521 seeks to modify and expand provisions within the Texas Election Code related to accommodations for voters with disabilities, particularly those utilizing curbside voting. The bill strengthens regulations governing the behavior of individuals near polling places and establishes stricter procedural and documentation requirements for voters and those assisting them during the curbside voting process. It explicitly amends Section 61.003 to prohibit electioneering within 20 feet of designated curbside voting parking spaces, aligning it with the 100-foot restriction at polling entrances.

A major component of the bill is the amendment of Section 64.009, which enhances curbside voting procedures. Voters requesting curbside voting due to physical inability to enter the polling place must now complete and sign a sworn statement, under penalty of perjury, affirming their eligibility. Additionally, polling places must reserve clearly marked parking areas for this purpose, including signage that prominently displays both the contact method for voter assistance and notice of the 20-foot electioneering restriction.

HB 521 also introduces new reporting obligations for individuals who assist seven or more voters by providing transportation to curbside voting locations. These individuals must complete a form with their personal information to be submitted to the Secretary of State and made available to the Attorney General. Failure to comply is classified as a Class A misdemeanor. Finally, the bill grants rulemaking authority to the Secretary of State to implement the new procedures, including prescribing standardized forms and retention policies.
Author (1)
Ryan Guillen
Co-Author (1)
Carrie Isaac
Sponsor (1)
Angela Paxton
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 521 is not expected to result in any significant fiscal impact to the state. Although the bill creates new administrative duties for the Secretary of State and introduces criminal penalties for certain violations related to curbside voting and electioneering, these measures are assumed to be manageable within existing agency resources. Furthermore, the anticipated effect on state correctional populations or associated costs is projected to be minimal.

For local governments, the bill introduces new Class A misdemeanor offenses that could lead to enforcement, prosecution, or potential confinement. However, any associated costs at the local level—such as for law enforcement, courts, or local detention facilities—are likewise projected to be insignificant. The expectation is that violations will be infrequent and that any necessary expenditures for compliance or enforcement can be absorbed within current local government budgets.

Vote Recommendation Notes

HB 521 addresses legitimate concerns about the integrity and consistent administration of curbside voting in Texas. It strengthens protections against electioneering near curbside voting areas, ensures that voters using this accommodation affirm their eligibility under penalty of perjury, and adds reporting requirements for individuals assisting multiple voters. These changes are intended to safeguard access to curbside voting for those who truly need it while helping to prevent potential abuse or manipulation of the process.

The bill enhances the transparency and accountability of election procedures without imposing significant fiscal burdens on taxpayers, as confirmed by the Legislative Budget Board's analysis. It appropriately increases the role of the Secretary of State in standardizing forms and recordkeeping, aligning with efforts to maintain orderly and fraud-resistant elections statewide.

While the bill does expand government oversight and introduce new regulatory obligations for private citizens who transport multiple voters, these measures are narrowly tailored and apply only in specific, higher-volume circumstances. The requirement that voters using curbside options sign an affidavit under penalty of perjury may initially raise concerns about accessibility, but it serves as a reasonable safeguard to ensure that this voting method is used properly.

On balance, HB 521 promotes confidence in the electoral process, protects voters with legitimate accessibility needs, and helps deter misuse, all while preserving essential voting rights. For these reasons, Texas Policy Research recommends that lawmakers vote YES on HB 521.

  • Individual Liberty: The bill aims to protect the integrity of curbside voting, which supports individual liberty by ensuring that legitimate voters with disabilities continue to have access to accommodations. However, it requires those voters to sign a sworn statement under penalty of perjury, which may unintentionally create a barrier to participation for individuals with less visible or intermittent disabilities. While the intent is to deter misuse, the approach risks infringing on the freedom of some eligible voters by introducing legal risk where none previously existed.
  • Personal Responsibility: The bill promotes personal responsibility by requiring both voters and individuals assisting multiple voters to affirm their actions through formal documentation. Voters must attest to their need for curbside voting, and those providing assistance to seven or more individuals must disclose basic identifying information. These requirements reinforce accountability in the voting process and help ensure that all participants understand and respect the rules intended to preserve election integrity.
  • Free Enterprise: While the bill does not impose any direct regulation on private businesses, it could discourage civic and nonprofit organizations, or private individuals, from helping voters access polling places, due to the new documentation and potential criminal penalties. If not implemented with clarity and flexibility, this could unintentionally dampen community-based voter assistance efforts. However, since it does not affect commercial markets or enterprises directly, the overall impact on this principle is limited.
  • Private Property Rights: The bill does not interfere with or restrict the use of private property. Its provisions apply specifically to designated public polling locations and the areas immediately surrounding them. The extension of the electioneering prohibition to within 20 feet of curbside voting spaces is a narrow, content-neutral restriction intended to protect voters, and it does not infringe on general property rights.
  • Limited Government: The bill expands the size and regulatory reach of government by increasing the Secretary of State’s oversight role, mandating new documentation, and introducing criminal penalties for noncompliance with reporting rules. These changes move beyond election administration into law enforcement, raising concerns about overcriminalization and bureaucratic expansion. Although the bill's intent is to safeguard elections, its enforcement mechanisms could be seen as disproportionate, potentially undermining limited government principles unless implemented with restraint and oversight.
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