89th Legislature Regular Session

SB 2681

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
SB 2681 proposes a targeted amendment to Section 16.092 of the Texas Election Code, which governs third-party challenges to voter registration. Under current law, any registered voter may file a challenge against another voter’s registration, but the statute lacks clarity on the evidentiary standard required to support such challenges. SB 2681 seeks to address this ambiguity by specifying the grounds upon which a registration challenge must be based.

The bill mandates that any individual filing a voter registration challenge must submit a sworn statement that both identifies the voter being challenged and details a specific qualification that the individual allegedly does not meet. Importantly, the challenge must be based either on: (A) the personal knowledge of the challenger, or (B) a fact not subject to reasonable dispute, meaning a fact that is either generally known or capable of verification through a reliable source.

By refining the statutory language, SB 2681 aims to reduce frivolous or politically motivated voter challenges and protect voters from being unjustly targeted without credible evidence. The measure strikes a balance between preserving election integrity and safeguarding the individual’s right to vote, promoting clarity and accountability in the voter registration challenge process.
Author
Paul Bettencourt
Co-Author
Bob Hall
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 2681 is not expected to result in any significant fiscal implications for the State of Texas. The bill makes a procedural clarification to the Texas Election Code by establishing more stringent evidentiary requirements for third-party voter registration challenges. The Secretary of State’s office has indicated that implementing these provisions would not require additional resources or create measurable costs for state agencies involved in the administration of elections.

Similarly, the bill is projected to have no significant fiscal impact on local governments. Although the legislation may slightly alter the workflow of county voter registrars by introducing a clearer evidentiary standard for evaluating challenges, it does not impose new administrative burdens or require additional staffing or technology infrastructure. As such, counties and other local election offices are not expected to incur any notable increase in expenditures or need for appropriations to implement the bill’s provisions.

In conclusion, SB 2681 is a low-cost measure aimed at improving procedural integrity in the voter registration challenge process without adding financial strain to state or local entities. The fiscal neutrality of the bill may enhance its viability in a budget-conscious legislative environment.

Vote Recommendation Notes

SB 2681 strengthens procedural integrity in Texas’s voter registration system by refining the evidentiary standards for third-party challenges. The bill addresses concerns from both election officials and citizens about inconsistent interpretations of what constitutes “personal knowledge” in voter challenge filings. According to the author’s statement of intent, some counties have been dismissing legitimate challenges on overly narrow grounds, potentially allowing inaccuracies in voter rolls to persist.

The proposed statutory revision maintains the existing requirement that a challenger file a sworn statement but expands the basis for a valid challenge. It allows not only personal knowledge but also “a fact not subject to reasonable dispute” to be used—examples include data from the National Change of Address registry or state death records. This change clarifies the law, reduces ambiguity for both voters and election officials, and promotes uniform application across counties.

From a liberty principles perspective, the bill supports individual liberty by ensuring voters are not wrongfully challenged based on flimsy or unverified claims, while also supporting personal responsibility by holding challengers to a more objective evidentiary standard. It upholds limited government by enhancing administrative efficiency and reducing misuse of the challenge process. The bill has no significant fiscal implications for state or local governments, reinforcing its practicality from a budgetary standpoint.

In summary, SB 2681 balances election integrity with voter protections, aligns with constitutional values of due process and equal protection, and as such, Texas Policy Research recommends that lawmakers vote YES.

  • Individual Liberty: The bill helps protect the constitutional right to vote by preventing arbitrary or unsupported voter registration challenges. By requiring challengers to either have personal knowledge or cite facts not subject to reasonable dispute, such as information from the National Change of Address registry or death records, it raises the bar for what qualifies as a valid challenge. This protects registered voters from being unjustly removed or harassed, reinforcing the individual's right to participate in the democratic process freely and securely.
  • Personal Responsibility: The bill enhances accountability by ensuring that individuals who file challenges to voter registrations do so based on credible evidence, not conjecture or political motives. The bill requires challengers to submit sworn statements that include specific, fact-based reasoning, which discourages bad-faith efforts and imposes a higher standard of responsibility for citizen action. It reinforces the idea that civic participation, including the right to challenge, must be grounded in evidence and personal accountability.
  • Free Enterprise: The bill does not address economic activity, business regulation, or commercial rights. Its scope is limited to the voter registration process and has no identifiable impact on the free market or private enterprise.
  • Private Property Rights: The bill does not intersect with property rights. It does not alter laws regarding ownership, land use, or regulatory takings, and therefore does not have a direct or indirect effect on this liberty principle.
  • Limited Government: The bill supports limited government by streamlining and clarifying the criteria under which voter registration challenges can proceed. This reduces the administrative burden on election offices caused by vague or frivolous challenges and protects against potential abuse of state resources. It sets a clear standard for intervention in voter registration issues, minimizing the opportunity for bureaucratic or political overreach into the rights of voters.
Related Legislation
View Bill Text and Status