SB 2166

Overall Vote Recommendation
Yes
Principle Criteria
neutral
Free Enterprise
neutral
Property Rights
positive
Personal Responsibility
positive
Limited Government
positive
Individual Liberty
Digest
SB 2166 amends several provisions of the Texas Election Code relating to the testing of automatic tabulating equipment used in elections. The legislation expands and standardizes the testing requirements to apply not only to equipment used at central counting stations but also to machines used at individual polling places. The bill removes references to “central counting stations” in certain sections and replaces them with broader language covering all automatic tabulating equipment, ensuring consistency across different election environments.

The bill designates the general custodian of election records and the testing board for public logic and accuracy tests as responsible for conducting the initial equipment tests. Additional tests conducted before and after each ballot counting session at a central counting station must be performed jointly by the tabulation supervisor, presiding judge, and other relevant officials. The tests must use ballots and electronic media generated during the public logic and accuracy test to ensure uniformity and reliability.

SB 2166 also establishes clear procedures for the handling, sealing, and storage of test materials. These materials must be securely sealed and signed by responsible parties and may only be accessed for specific legal or official purposes, such as criminal investigations or election contests. Finally, the bill allows public inspection of test materials after the final canvass, reinforcing transparency and accountability in the electoral process. Overall, the legislation strengthens procedural integrity in elections without introducing new bureaucratic burdens.
Author (1)
Tan Parker
Sponsor (1)
Matthew Shaheen
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 2166 is not expected to result in any significant fiscal impact to the State of Texas. The bill’s provisions—mainly procedural updates to the testing of voting tabulation equipment—do not require substantial new expenditures or staffing at the state level. The processes described in the bill align closely with current practices, meaning implementation would require only minor administrative adjustments.

Similarly, no significant fiscal implications are anticipated for units of local government. While the bill mandates more structured and clearly defined testing procedures for election tabulation equipment, these tasks largely reflect duties local election officials are already required to perform under existing law. As such, any potential increase in workload or materials, such as securing and sealing test records, is expected to be minimal and absorbable within existing budgets.

Overall, the bill's financial impact is negligible, with both state and local entities able to comply without the need for additional appropriations or significant resource reallocation.

Vote Recommendation Notes

SB 2166 directly responds to real-world concerns raised during the 2024 election cycle, particularly serious tabulation equipment failures and testing deficiencies reported in Dallas County. These issues underscored the critical need for a statewide standard to verify the integrity of election technology and restore voter trust in the democratic process.

By broadening the scope of testing requirements to include both polling place and central counting station equipment, and by refining the procedures for public logic and accuracy tests, the bill ensures more robust safeguards are in place to detect malfunctions and tampering. Notably, the inclusion of hash validations—a technical measure that confirms the source code of tabulation and ballot marking devices remains unchanged—introduces a best practice in cybersecurity to Texas elections. Moreover, the bill mandates public accessibility to test materials post-election, further promoting transparency without compromising election security during the process.

From a fiscal standpoint, the bill imposes no significant cost to state or local governments. Agencies like the Secretary of State and Legislative Budget Board have confirmed that the procedures proposed can be implemented using existing resources and infrastructure, minimizing administrative burden while maximizing public benefit.

On balance, SB 2166 advances all five core liberty principles—enhancing individual liberty through vote protection, promoting personal and institutional responsibility, ensuring limited government through procedural clarity rather than new bureaucracy, maintaining neutrality on private property, and indirectly supporting free enterprise through regulatory consistency for election vendors. For these reasons, Texas Policy Research recommends that lawmakers vote YES on SB 2166.

  • Individual Liberty: The bill strengthens individual liberty by reinforcing the integrity of the election process—arguably the most fundamental mechanism by which individuals exercise political freedom. By expanding and formalizing the testing of voting equipment and including procedures like hash validation and public inspection, the bill helps ensure each person’s vote is accurately counted. This promotes trust in elections and protects the citizen’s voice from technological errors or potential manipulation.
  • Personal Responsibility: The bill enhances personal responsibility within public institutions. It clearly delineates duties for election officials, including the general custodian of election records and the central counting station personnel. By mandating written explanations and public disclosure when tests fail, the bill requires officials to be accountable for procedural integrity and transparent when issues arise. This encourages higher standards of conduct and vigilance in public service.
  • Free Enterprise: While not directly regulating businesses, the bill impacts election technology vendors by requiring equipment to meet new testing standards, including hash validation. This levels the playing field by holding all vendors to uniform requirements and encourages innovation and compliance. It reflects a regulatory environment that rewards transparency and reliability without introducing burdensome or anti-competitive mandates.
  • Private Property Rights: The bill does not intrude on or modify private property rights. It is narrowly tailored to public election processes and does not affect ownership, transfer, or use of private property.
  • Limited Government: The bill supports the principle of limited government by improving electoral oversight through procedural enhancements rather than creating new agencies or expanding government power. It builds on existing infrastructure and roles within election administration, emphasizing transparency and checks over centralization or control. It avoids unnecessary bureaucracy while improving safeguards through rules and accountability measures already available within the current system.
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