Texas 2023 - 88th Regular

Texas House Bill HB4621

Filed
3/9/23  
Out of House Committee
5/8/23  
Voted on by House
5/12/23  
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the authority to cancel certain elections on a measure.

Impact

The bill's introduction has raised significant discussion regarding its implications for local authority and electoral processes in Texas. By allowing the Secretary of State to determine the feasibility of conducting elections under disaster conditions, it effectively centralizes some aspects of election management at the state level. This could lead to a more uniform approach to handling emergencies impacting elections, but it may also limit the discretion of local authorities to respond to unique circumstances within their jurisdictions.

Summary

House Bill 4621 addresses the authority of political subdivisions in Texas to cancel elections on certain measures during declared disasters. Specifically, it proposes that if a disaster declaration is issued by the governor, the authority that called for an election may request permission from the Secretary of State to cancel that election if it determines that holding it is impossible due to the disaster. This addresses a gap in current Texas election law, which does not allow for a clear procedure for canceling ballot measures in the event of an emergency.

Sentiment

The sentiment surrounding HB 4621 appears to be mixed. Proponents argue that the bill provides necessary provisions for emergencies, ensuring that elections do not proceed under conditions that could harass voters or jeopardize public safety. However, opponents have expressed concerns that this bill may undermine local control, as decisions about election cancellations would hinge on state approval, potentially diluting the authority of local election officials.

Contention

Notable points of contention include discussions about the balance of power between state and local authorities in managing elections. While supporters cite the necessity of having a clear process during emergencies, critics fear that it could result in political manipulation, where certain elections may be more easily canceled due to political motivations under the guise of disaster management. Additionally, concerns were raised about ensuring that voters remain informed about canceled elections and the procedures for re-scheduling them.

Texas Constitutional Statutes Affected

Election Code

  • Chapter 2. Vote Required For Election To Office
    • Section: New Section
    • Section: 081
    • Section: 081
    • Section: 081

Government Code

  • Chapter 418. Emergency Management
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.