89th Legislature Regular Session

SB 618

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
SB 618 proposes amendments to Section 276.019 of the Texas Election Code to impose civil penalties and strengthen oversight for unauthorized alterations of election procedures. It specifically prohibits public or election officials from independently changing any election standard, practice, or procedure unless explicitly permitted by state law or rule.

Under the bill, when the Secretary of State identifies or receives information about a violation, they must investigate and notify the official involved, demanding immediate compliance and outlining necessary corrective actions. If the official does not comply within two days, the Secretary must inform the Attorney General and provide investigative documentation.

The legislation establishes daily civil penalties: $1,000 per day for days three through seven post-notification, escalating to $5,000 per day thereafter. The Attorney General is authorized to initiate civil actions to recover these penalties, which are deposited into the general revenue fund. Repeated violations, particularly by appointed (non-elected) officials, can also trigger removal from office.

To increase transparency, the Secretary of State is required to issue monthly reports summarizing violations, though underlying documents remain confidential unless the issue is deemed non-criminal or resolved without further action. Additionally, voters and officials may report the Secretary of State’s own violations, with legal remedies available if timely corrective action is not taken.

This bill is designed to enforce uniform election procedures and accountability, aiming to centralize authority over compliance while allowing citizens legal avenues to challenge deviations.

The Committee Substitute for SB 618 represents a notable expansion and deepening of the originally filed bill’s enforcement provisions related to unlawful alterations of election procedures. While the original version of SB 618 established a foundational enforcement mechanism—prohibiting unauthorized changes to election standards and imposing escalating civil penalties—the committee substitute broadens the scope of accountability and transparency within the election process.

One of the most significant additions in the Committee Substitute is the requirement that the Secretary of State produce monthly public reports detailing alleged violations, the counties involved, the specific procedures affected, and the outcomes of any investigations. This transparency measure was absent in the original version, which maintained strict confidentiality around investigations unless no further action was pursued. The substitute version thus strikes a more public-facing balance between confidentiality and accountability.

Additionally, the Committee Substitute empowers voters and election officials to hold the Secretary of State accountable by allowing them to file complaints and, if unresolved within two business days, initiate legal action. This marks a key shift from the original bill, which focused solely on the oversight of local and county officials. The substitute even permits immediate court action if election security is at risk and provides broader venue options for lawsuits, increasing accessibility to remedies.

Further, the substitute version introduces a disciplinary provision enabling the removal of non-elected officials for repeated violations—an enforcement tool not included in the original filing. Overall, the Committee Substitute reflects a more comprehensive and assertive approach to maintaining procedural integrity in Texas elections, with added mechanisms for oversight, public engagement, and enforcement.
Author
Kevin Sparks
Co-Author
Brandon Creighton
Brent Hagenbuch
Lois Kolkhorst
Mayes Middleton
Fiscal Notes

According to the Legislative Budget Board (LBB), the fiscal implications of SB 618 indicate a net negative impact to the state’s General Revenue Fund of approximately $723,153 over the 2026–2027 biennium. The primary driver of these costs is the anticipated operational expansion required by the Secretary of State’s office (SOS) to manage the bill’s increased investigatory, notification, and reporting duties in relation to election procedure violations.

To meet these new responsibilities, the SOS estimates the need for three additional full-time positions: one staff attorney and two program specialists. These roles would support the intake, review, and processing of a higher volume of election complaints. Notably, the SOS already receives an average of 300 election complaints per year, and it expects this number to rise due to the bill's more intensive investigative and reporting mandates. The total cost of these new hires, including salaries, benefits, and setup expenses, contributes to the projected annual increase in costs—about $373,554 in FY2026 and $349,599 annually thereafter.

The Office of the Attorney General (OAG), which would be responsible for pursuing civil penalties against noncompliant officials, anticipates no additional budgetary strain, stating it can absorb these duties with existing resources. Similarly, the Office of Court Administration does not foresee any significant fiscal impact on the judicial system. While the bill introduces a new civil penalty that could potentially generate revenue, the Comptroller of Public Accounts could not estimate its fiscal impact due to the unpredictability of the number of violations. Thus, while some revenue might be recouped through fines, it is not expected to offset the operational costs borne by the state.

Vote Recommendation Notes

SB 618 provides a comprehensive enforcement framework aimed at ensuring uniformity and compliance with Texas election procedures. Building upon prior legislative efforts that barred unauthorized alterations to election laws, this bill addresses a major gap by establishing meaningful civil penalties for public and election officials who act outside the bounds of the Election Code. The bill also institutes detailed procedural requirements for the Secretary of State, enabling investigations, enforcement notices, and monthly public reports to ensure accountability.

The bill aligns closely with the principle of Limited Government by enforcing legal constraints on public officials and restricting arbitrary or unauthorized exercise of state power. It further upholds Individual Liberty and Private Property Rights by granting voters and officials the right to initiate legal action if the Secretary of State or other election officials fail to comply with election law, even waiving official immunity for such cases. Additionally, Personal Responsibility is embedded in the structure by requiring public officials to act in accordance with the law or face escalating civil penalties.

From a fiscal standpoint, the bill incurs modest costs—estimated at $723,153 over the 2026–27 biennium—to fund three additional positions in the Secretary of State’s office to process and investigate complaints. While these costs are notable, they are proportionate to the anticipated benefit of enhancing election integrity and standardizing practices across Texas. The bill's civil penalty provisions could potentially generate revenue, although the impact is presently indeterminate.

Given the bill's focus on protecting election integrity, promoting transparency, and reinforcing the rule of law without expanding government powers or creating new bureaucracies, it represents a responsible and liberty-aligned policy intervention. Therefore, Texas Policy Research recommends that lawmakers vote YES on SB 618.

  • Individual Liberty: This bill supports individual liberty by ensuring that voters and officials alike are protected from arbitrary or unauthorized changes to election procedures. By allowing registered voters to challenge unlawful conduct—including that of the Secretary of State—the bill reinforces the idea that election integrity is a shared civic responsibility. The removal of barriers to legal recourse (such as waiving the need for claimants to demonstrate direct injury and eliminating official immunity for the Secretary of State) empowers individuals to act as watchdogs for lawful governance.
  • Personal Responsibility: The legislation promotes personal responsibility by holding public and election officials accountable for adhering strictly to the Texas Election Code. If an official alters procedures unlawfully—even in good faith—they are subject to investigation and escalating civil penalties. This incentivizes rigorous compliance and professional diligence among those entrusted with election administration.
  • Free Enterprise: While the bill does not directly regulate economic activity, it indirectly aligns with free enterprise principles by aiming to preserve the rule of law and public trust—key ingredients for a stable civic environment that supports market activity. A predictable and transparent election system reduces uncertainty and promotes confidence in public institutions, which supports long-term economic stability.
  • Private Property Rights: Although not directly implicated, private property rights are tangentially supported in the bill through its broader respect for due process and lawful procedures. The legal provisions protecting voters' standing and access to judicial remedies parallel the broader concept of securing individual rights against state overreach.
  • Limited Government: This bill walks a careful line with respect to limited government. On one hand, it restricts the unilateral power of election officials, reinforcing legal limits on government action—a central tenet of this principle. On the other hand, it does increase the operational scope of the Secretary of State’s office, including additional reporting and investigative responsibilities, funded through new state expenditures. However, the transparency requirements and the civil remedies against state actors help balance this expansion by reinforcing external checks on governmental power.
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