According to the Legislative Budget Board (LBB), SB 1436 is not expected to have a significant fiscal impact on the State of Texas. The creation of a new Class A misdemeanor offense for election officials who unlawfully suspend ballot acceptance requirements is assumed to have minimal influence on the overall state correctional population or on the demand for state correctional resources.

Regarding local government impact, the fiscal note similarly indicates that any costs associated with enforcing, prosecuting, supervising, or confining individuals under the new offense would not be significant. This suggests that counties and local jurisdictions are not expected to incur meaningful additional expenses as a result of the bill’s implementation.

In summary, SB 1436 is designed to reinforce election integrity through criminal enforcement without creating substantial fiscal burdens for either state or local governments. Its narrow scope and focused enforcement mechanism contribute to the minimal projected financial impact.

SB 1436 addresses election integrity by clarifying and enforcing the statutory duties of local election officials regarding the review of mail-in ballots. The bill prohibits the suspension of requirements listed under Section 87.041(b) of the Texas Election Code, such as verification of identifying information and signatures, by county clerks, elections administrators, early voting clerks, or early voting ballot boards. It introduces a Class A misdemeanor offense for noncompliance.

The bill was introduced in response to concerns arising from past election practices, notably in Harris County, where local officials reportedly instructed signature verification committees to bypass certain statutory steps. After the Secretary of State's office intervened, the proper procedures were reinstated. SB 1436 thus seeks to codify a uniform standard that election officials must follow and prevent unilateral deviations from state election law. This helps reinforce transparency, voter confidence, and uniformity in election administration across Texas.

Given the bill's narrow scope, its focus on procedural adherence rather than voter restrictions, and its negligible fiscal impact on state and local governments, SB 1436 aligns well with the liberty principles of individual liberty, personal responsibility, and limited government. It supports the rule of law by holding public officials accountable while ensuring that election processes remain fair and consistent. Therefore, Texas Policy Research recommends that lawmakers vote YES on SB 1436.

• Individual Liberty: The bill strengthens individual liberty by protecting the integrity and uniformity of mail-in voting, ensuring that each legally cast vote is reviewed under consistent, statutorily mandated procedures. By requiring local election officials to follow state law and prohibiting them from unilaterally suspending key ballot acceptance requirements, the bill reinforces each voter's equal and fair access to a trustworthy electoral process. It ensures that all voters are treated equitably, preserving confidence in the democratic process.
• Personal Responsibility: The bill emphasizes personal responsibility, particularly among public officials charged with administering elections. By making it a criminal offense (Class A misdemeanor) for officials to suspend ballot review requirements, the bill holds these individuals accountable for adhering to election law. This ensures that election administrators cannot abdicate their duties or selectively enforce laws based on internal directives or political motivations.
• Free Enterprise: This principle is not directly impacted by the bill. The bill pertains to election administration rather than market operations or economic regulation.
• Private Property Rights: The bill does not implicate or affect private property rights, as it deals exclusively with procedural obligations of public election officials.
• Limited Government: While the bill introduces a new criminal penalty, it does so to restrict the ability of government actors to override existing legal procedures. It limits the discretionary power of local election officials by affirming that only the legislature, not administrative actors, can change the requirements for accepting mail-in ballots. In this way, the bill reinforces legislative supremacy and restricts executive overreach—key tenets of limited government.