SB 396

Overall Vote Recommendation
Yes
Principle Criteria
neutral
Free Enterprise
neutral
Property Rights
positive
Personal Responsibility
positive
Limited Government
positive
Individual Liberty
Digest
SB 396 proposes a revision to Section 15.051(a) of the Texas Election Code, which governs how and when a voter registrar confirms a voter’s residential address. The bill modifies the current discretionary language to establish mandatory criteria under which a registrar must issue a written confirmation notice to a voter. This confirmation notice is a request for the voter to verify their current residence, which is a standard part of maintaining accurate voter registration records.

Under SB 396, registrars are required to send confirmation notices in three specific instances: (1) when a voter’s listed residence is a commercial post office box or another address that does not correspond to a residential location; (2) when a voter has not voted in any election during the 25 months preceding the November 30 following a general election and is not already on the suspense list; or (3) when the registrar has any other reason to believe the voter’s current residence is different from what appears in the registration records.

The bill seeks to promote greater uniformity and accountability in the voter registration process by setting clear and actionable triggers for registrars. It is designed to maintain the integrity of voter rolls while ensuring that voters are given proper notice and an opportunity to verify their information. The bill does not alter the rights of voters directly, but it does enhance the process by which voter records are verified and potentially updated.
Author (2)
Lois Kolkhorst
Paul Bettencourt
Co-Author (2)
Mayes Middleton
Angela Paxton
Sponsor (5)
Stan Gerdes
Carrie Isaac
Valoree Swanson
Steve Toth
Terry Wilson
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 396 is not expected to have a significant fiscal impact on the state. The administrative adjustments required by the bill, such as changes in the process of issuing voter residence confirmation notices, are anticipated to be manageable within the current capabilities and budgets of state agencies. Therefore, no new appropriations or major expenditures are projected at the state level.

However, the bill may have fiscal implications for local governments, particularly county governments, which are responsible for implementing the voter registration process. Counties would incur costs related to identifying voters who fall under the new mandatory confirmation criteria, mailing the confirmation notices, and processing any responses received. The extent of these costs could vary significantly depending on the size and infrastructure of each county, with larger counties potentially facing more substantial fiscal impacts due to higher volumes of affected voters and correspondence.

In summary, while SB 396 presents minimal fiscal consequences for the state, it does introduce potential financial burdens for local election officials, particularly in jurisdictions with larger populations or limited administrative resources.

Vote Recommendation Notes

SB 396 enhances the accuracy and integrity of Texas's voter registration system by requiring more consistent and proactive efforts by voter registrars to confirm voters' residential addresses. Specifically, the bill mandates confirmation notices under three conditions: when a voter’s address is a non-residential location like a P.O. box, when a voter has not participated in any election in the past 25 months (as of November 30 following a general election), and when the registrar has any reason to suspect the voter's listed residence is inaccurate.

The bill aligns with practices upheld by the U.S. Supreme Court, particularly echoing a similar Ohio statute affirmed in Husted v. A. Philip Randolph Institute (2018). This precedent helps reinforce the constitutionality of the bill's approach to maintaining accurate voter rolls. By creating specific and objective triggers for issuing confirmation notices, SB 396 limits discretionary enforcement and improves procedural uniformity across Texas counties.

While the bill may introduce localized administrative costs—particularly for larger counties—it is not expected to impose a significant fiscal burden on the state. These local impacts can be viewed as justified investments in voter roll maintenance and election integrity.

The bill is explicitly supported by the Republican Party of Texas.

The legislation promotes transparency, accountability, and adherence to democratic norms without infringing on individual voting rights. Therefore, it upholds several key liberty principles, including personal responsibility, individual liberty, and limited government, and as such, Texas Policy Research recommends that lawmakers vote YES on SB 396.

View Bill Text and Status