Overall Vote Recommendation

Yes

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

SB 901 introduces a significant reform to the Texas Election Code by prohibiting candidates from seeking nomination through more than one political party in the same election year. The bill adds Section 162.0151 to the Election Code, establishing that if a candidate files to appear on the general primary election ballot or seeks nomination by convention with more than one party, they become ineligible for any partisan election that year. This includes disqualification from appearing on the primary ballot, being nominated by convention, running as an independent, or being a certified write-in candidate in a partisan general election.

The legislation tasks the Secretary of State with determining if a candidate has violated this prohibition and mandates that the candidate be informed in writing. The candidate is then given an opportunity to withdraw from the primary election under existing procedures. If they do not withdraw, their name will be omitted from the ballot. To ensure consistency across the election process, the bill amends multiple sections of the Election Code (Sections 172.028, 181.068, and 182.007) to prevent the certification of any candidate deemed ineligible under this new section.

The practical effect of SB 901 is to close a loophole that could allow candidates to hedge their political bets by filing with multiple parties. The bill seeks to reinforce the integrity and clarity of the partisan nomination process by requiring candidates to align with a single party during an election cycle.

The originally filed version of SB 901 and the Committee Substitute both share the same core purpose: to prohibit a candidate from seeking nomination through more than one political party in the same election year. However, there are key differences in structure and detail between the two versions, particularly in how the enforcement mechanisms are articulated and in additional clarifications made in the substitute version.

In the originally filed version, SB 901 added Section 162.0151 to the Election Code and outlined the prohibition and disqualification process for candidates who file with more than one party. It also required the Secretary of State to determine ineligibility within 10 days after the regular filing deadline and provide written notice to the candidate. Amendments were made to Sections 172.028(c), 181.068(c), and 182.007(c) to ensure compliance with this new prohibition by preventing certification of such ineligible candidates.

The Committee Substitute retains this framework but refines and clarifies the language. Notably, it explicitly adds that a candidate disqualified under this section is also ineligible to run as an independent or write-in candidate in a partisan election. This closes potential loopholes that might have allowed disqualified individuals to bypass the restriction. Additionally, the substitute includes stronger administrative procedures by emphasizing that the Secretary of State must prescribe procedures for implementation. While the original bill simply prohibited certification by party chairs, the substitute further reinforces these provisions with procedural cross-references, ensuring a more cohesive integration with the broader election code.

Overall, the Committee Substitute strengthens the enforceability of the bill's intent and more comprehensively blocks dual filings by refining statutory language and expanding procedural coverage.

Author

Lois Kolkhorst

Sponsor

Terry Wilson

Contact the Author

Sen. Lois Kolkhorst

Capitol Phone:

(512) 463-0118

Capitol Office:

CAP GE.4

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the Legislative Budget Board (LBB), SB 901 is not expected to have a significant fiscal impact on the State of Texas. The Secretary of State, which would be responsible for implementing and administering the enforcement provisions of the bill, has confirmed that any additional responsibilities incurred under SB 901 can be absorbed within existing resources and operational frameworks.

The bill’s administrative duties primarily involve determining a candidate's ineligibility due to dual party filings, notifying affected candidates, and overseeing withdrawal procedures or ballot omission. These tasks are largely procedural in nature and do not require substantial new infrastructure, personnel, or systems. Therefore, the implementation is anticipated to be cost-neutral or minimal in its financial effect on state operations.

Similarly, no significant fiscal implication is expected for units of local government. Local election officials and party chairs would be responsible for complying with updated certification standards, but this does not impose new or costly mandates. Their roles largely involve adhering to determinations made by the Secretary of State, minimizing the need for added expenditures at the local level.

In summary, SB 901 is a low-cost regulatory clarification measure with negligible financial burden to both the state and local governments, allowing for smoother electoral administration without new fiscal obligations.

Vote Recommendation Notes

SB 901 addresses a recurring issue in Texas elections—candidates filing for the same office with multiple political parties, which has led to administrative complications and even costly, unnecessary runoff elections. The bill establishes a firm prohibition against filing for candidacy with more than one political party in the same election year and ensures that violators are ineligible for nomination through any party, for independent candidacy, or as write-in candidates in partisan elections.

The Secretary of State is empowered to determine ineligibility and issue formal notices to affected candidates, providing a path to withdrawal before ballot printing. This improves administrative efficiency, prevents voter confusion, and upholds the integrity of the electoral process. Additionally, the bill updates relevant sections of the Election Code to align with the new ineligibility criteria, streamlining the candidate certification process across party lines.

Given the minimal fiscal impact reported by the Legislative Budget Board, the bill represents a prudent policy change without imposing new costs on state or local governments. It enhances electoral transparency and accountability, reinforcing the principles of personal responsibility and limited government intervention while preserving the integrity of Texas's primary election system. On these grounds, Texas Policy Research recommends that lawmakers vote YES on SB 901.

Individual Liberty: At face value, the bill imposes a restriction on a candidate’s ability to affiliate with multiple political parties in the same election year, which could be perceived as limiting individual liberty. However, this restriction serves a legitimate governmental interest—ensuring transparent and orderly elections. The limitation is narrow in scope, applying only to the electoral context and not to general political expression or association. It aligns with constitutional precedents that permit reasonable limitations on ballot access to prevent confusion, manipulation, or administrative burden.
Personal Responsibility: The bill strengthens the principle of personal responsibility by requiring candidates to make a clear and intentional choice about their party affiliation. By disqualifying those who attempt to file with multiple parties, the bill holds individuals accountable for attempting to exploit ambiguities in the nomination process. This promotes a more deliberate and respectful approach to electoral participation.
Free Enterprise: While this principle typically refers to economic freedom, the bill doesn’t directly affect business or commercial activity. However, one could loosely analogize political competition to a marketplace of ideas—where rules are needed to prevent distortions. By removing candidates who violate basic filing norms, the bill maintains the integrity of that political "market."
Private Property Rights: There is no impact on private property rights, as the bill deals solely with electoral procedures.
Limited Government: The bill is consistent with limited government principles. It does not expand the size or power of government agencies but rather clarifies and streamlines existing administrative duties related to candidate eligibility. It entrusts the Secretary of State with responsibilities that are already within the office’s purview and applies rule-based enforcement without granting broad discretionary authority.

Related Legislation

View Bill Text and Status