SB 1863

Overall Vote Recommendation
Yes
Principle Criteria
neutral
Free Enterprise
neutral
Property Rights
positive
Personal Responsibility
neutral
Limited Government
positive
Individual Liberty
Digest

SB 1863 significantly revises Texas Election Code Section 127.351, expanding and formalizing the procedures for conducting randomized election audits by the Secretary of State. Under current law, the Secretary of State conducts audits in four counties every two years. SB 1863 increases the number to sixteen counties and mandates that these audits be conducted immediately following each November uniform election date, not just in even-numbered years. The bill aims to bolster public confidence in elections by implementing a more robust and structured auditing framework.

The bill requires every county and political subdivision authorized to hold elections to register with the Secretary of State and provide advance notice of any upcoming election at least 90 days before it occurs. The Secretary of State must randomly select the counties for audit, ensuring that thirteen have populations under 300,000 and three have populations over 300,000, with restrictions preventing the same counties from being audited in consecutive cycles.

SB 1863 expands the scope of audits to include an examination of voter registration list accuracy, maintenance compliance, testing of voting equipment, chain of custody documentation, procedures for early voting by mail, and the handling of provisional ballots. It also introduces compliance mechanisms: counties must cooperate with audit requests, or they may lose reimbursement for state-funded election expenses for up to two years. Counties may appeal determinations of noncompliance in district court. Additionally, the Secretary of State is required to issue a public report on each audit.

This legislation reflects a broader push to standardize election security measures across the state, offering clear procedures, consequences for noncompliance, and public reporting to enhance transparency in Texas elections.

Author (1)
Bryan Hughes
Co-Author (1)
Adam Hinojosa
Sponsor (1)
Matthew Shaheen
Fiscal Notes

According to the Legislative Budget Board (LBB), the fiscal implications of SB 1863 are significant, primarily due to the expansion of the Secretary of State's (SOS) randomized county election audit program. The Legislative Budget Board projects a negative net impact to General Revenue of approximately $4.25 million over the 2026–2027 biennium. On an annual basis, this translates to recurring costs of over $2 million per year starting in fiscal year 2026. These expenditures are necessary to support the increased frequency and scope of election audits mandated by the bill, from four counties every two years to sixteen counties every year, including audits of political subdivisions within those counties.

The bulk of the fiscal burden arises from staffing needs. The SOS estimates it will require 17 additional full-time employees to implement the expanded program. This includes 14 Auditor IV positions, 2 Attorney IV positions, and one Director II role. Salaries and benefits for these positions, combined with operating and setup costs (e.g., $135,746 in one-time setup costs in FY 2026), drive the projected expense. These personnel are necessary to manage compliance reviews, conduct on-site audits, process documentation, and enforce statutory requirements regarding voter registration, ballot handling, and equipment testing.

While the state-level costs are well-documented, the fiscal impact on local governments, particularly counties and political subdivisions, is not currently quantifiable but is expected to be “significant.” Local entities will need to register with the SOS and comply with expanded audit procedures, which may require additional administrative resources and documentation. The bill does allow the SOS to withhold reimbursement for state-funded election costs if a local entity fails to cooperate, which introduces further financial risk at the local level.

Vote Recommendation Notes

SB 1863 presents a comprehensive enhancement of Texas’s procedural election audit framework. Motivated by significant findings from audits of the 2020 and 2022 general elections, the bill aims to improve transparency, accountability, and best practices in election administration. The expansion from auditing 4 counties every two years to 16 annually, including political subdivisions, demonstrates the legislature’s intent to ensure systemic compliance with state election law. By formalizing the areas of audit (e.g., voter rolls, equipment testing, and chain of custody) and requiring cooperation from audited entities, SB 1863 positions itself as a targeted mechanism for quality control rather than a punitive or partisan instrument.

From a liberty principles perspective, SB 1863 strengthens individual liberty and personal responsibility by ensuring that electoral outcomes reflect lawful, accurate processes. The expanded audit program enforces legal standards and promotes election integrity, which is foundational to democratic self-governance. The bill also includes due process protections for local entities, allowing them to respond to findings and appeal compliance-related determinations, which supports limited government oversight within a structured accountability framework.

Although the bill does result in increased fiscal costs—estimated at over $4.2 million in the 2026–2027 biennium—it largely reflects staffing and operational investments to implement the larger audit load. Local governments may bear additional administrative burdens, but these are offset by the long-term value of institutional improvements and restored public trust in elections.

Overall, the policy rationale, structured scope, and safeguards embedded in SB 1863 align with both conservative and libertarian values advocating for secure and verifiable elections. The expansion is deliberate, data-driven, and mindful of local autonomy. For these reasons, Texas Policy Research recommends that lawmakers vote YES on SB 1863.

  • Individual Liberty: The bill enhances individual liberty by reinforcing the integrity of the electoral system. Free and fair elections are foundational to self-governance, and the bill supports this by ensuring elections are conducted in compliance with law and with greater transparency. Procedural audits that identify problems, such as mail ballot mishandling or registration errors, protect citizens' votes from being diluted or disregarded. By improving public confidence in electoral outcomes, the bill empowers individuals’ political rights.
  • Personal Responsibility: The bill promotes a culture of accountability among local election officials and government entities. It imposes direct responsibilities on counties and political subdivisions to register with the Secretary of State (SOS), notify it of upcoming elections, and comply with audit-related document and access requests. When jurisdictions fail to fulfill these duties, the SOS is authorized to decline reimbursement of election-related expenses. These incentives local compliance and ensure public servants are held accountable for maintaining lawful and orderly elections.
  • Free Enterprise: The bill does not directly regulate private business activity, so its impact on free enterprise is minimal. However, any indirect effects, such as increased demand for election-related services (e.g., audit software, legal consultants, or equipment vendors), are incidental and not driven by market interference or favoritism. The bill neither hinders competition nor imposes burdens on private industry.
  • Private Property Rights: While the bill introduces obligations for local government entities, it does not encroach on the property rights of individuals or private organizations. All audit-related responsibilities concern government-run elections and publicly funded election infrastructure. There is no new delegation of authority to enter private premises or seize private property.
  • Limited Government: This is the most complex area of impact. The bill expands the authority and operational footprint of the Secretary of State through increased audits, new enforcement mechanisms, and expanded oversight over political subdivisions. On one hand, this appears to increase the size and scope of government. On the other hand, these functions are constitutionally grounded in the state’s duty to oversee elections and protect their integrity. Importantly, the bill includes due process provisions—such as appeal rights and pre-publication review of audit reports—which help constrain arbitrary or unchecked bureaucratic action.
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