BILL ANALYSIS Senate Research Center S.B. 1209 89R6207 TSS-D By: Hughes State Affairs 3/17/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Each year, Texas counties hold numerous elections on dates scattered throughout the year. Known as "off-cycle" elections, they usually feature extremely low voter turnout, decide important issues with input from only a very small portion of the electorate, are costly to facilitate, and strain election officials. For example, in 2022 Harris County administered elections held on seven different dates throughout the year. In 2024, Dallas County administered elections held on six different dates throughout the year. Texas law currently provides that general and special elections take place on Saturdays in May or on the Tuesday after the first Monday in November. This is in addition to several other elections that take place like runoff, emergency, or vacancy elections. Off-cycle elections have notoriously low voter turnout. Voter turnout in Harris County for the May 6, 2023, election was 4.87 percent, compared with 42.92 percent at the November 8, 2022, election. Issues involving financial obligations on taxpayers are frequently decided at these low turnout elections. In the May 6, 2023, election, just 10 votes were cast in an election regarding a $31 million dollar bond issue in Harris County. In the May 4, 2024, election, a $35 million bond issue was approved in El Paso County by a margin of six votes in an election with just 1.74 percent turnout. Low turnout elections are costly and resource intensive. Since each election features substantial fixed costs, the cost per ballot increases significantly in a low turnout election. Ongoing and repeated elections also overburden election officials, reduce the time available to them for meaningful process review and training between elections, and exacerbate the existing challenge of recruiting the poll workers necessary to facilitate each election. S.B. 1209 resolves these issues by consolidating most elections in Texas to the November election date. S.B. 1209 amends the Election Code in a few simple ways: it eliminates the Saturday in May election date; it requires most elections to be held on a Tuesday with limited exceptions; it requires political subdivisions to change the date of their general election to the November general election date; and the committee substitute makes the primary runoff period two weeks shorter. As proposed, S.B. 1209 amends current law relating to the uniform election date. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 2.025(a), Election Code, to require that a runoff election, except as provided by Subsection (d) (relating to requiring a runoff election for a special election to fill certain vacancies to be held within a certain period of time) or as otherwise provided by the Election Code, be held on a Tuesday, rather than Saturday, designated by the secretary of state. SECTION 2. Amends the heading to Section 41.001, Election Code, to read as follows: Sec. 41.001. UNIFORM ELECTION DATE. SECTION 3. Amends Section 41.001, Election Code, by amending Subsections (a) and (c) and adding Subsection (e), as follows: (a) Requires that each general or special election in this state, except as otherwise provided by Subchapter A (Election Dates), Chapter 41 (Election Dates and Hours for Voting), be held on the first Tuesday after the first Monday in November, rather than on one of certain dates, including the first Saturday in May in an odd-numbered year or the first Saturday in May in an even-numbered year, for an election held by a political subdivision other than a county, or ordered by the governor. Makes a nonsubstantive change. (c) Deletes existing text creating an exception for a runoff election following an election held under Subsection (a)(2) (relating to requiring that certain elections in this state be held on the first Saturday in May in an even-numbered year for a certain election). (e) Requires that every election held in this state, except for an election under Section 41.0011 (Emergency Requiring Early Election) or as provided by Section 203.004(b) (relating to requiring an emergency election to be held on a Tuesday or Saturday within a certain period of time), be held on a Tuesday. SECTION 4. Amends Section 41.004(a), Election Code, as follows: (b) Provides that, in the case that an election, if a law outside this code other than the constitution requires a special election to be held under certain circumstances, is required to be held, Section 41.001(a) does not apply. Deletes existing text requiring that the election, in that case, be held on the first authorized uniform election date occurring after the expiration of the period. Makes a nonsubstantive change. SECTION 5. Amends Section 41.0052(a), Election Code, as follows: (a) Requires the governing body of a political subdivision that holds its general election for officers on a date other than the November uniform election date to, not later than December 31, 2025, change the date on which it holds its general election for officers to the November uniform election date. Deletes existing text authorizing the governing body of a political subdivision, other than a county or municipal utility district, that holds its general election for officers on a date other than the November uniform election date to, not later than December 31, 2016, change the date on which it holds its general election for officers to the November uniform election date. SECTION 6. Amends Sections 203.013(c) and (e), Election Code, to make conforming changes. SECTION 7. Repealers: Sections 41.001(d) (relating to providing that a county election administrator is not required to enter into a contract to furnish election services for an election held on a certain date) and 85.001(e) (relating to the period for early voting by personal appearance), Election Code. Repealer: Section 41.0052(a-1) (relating to authorizing the governing body of an independent school district to change the date on which it holds its general election to the November uniform election date), Election Code, as added by Chapter 1160 (S.B. 1131), Acts of the 88th Legislature, Regular Session, 2023 Repealer: Section 41.0052(a-1) (relating to authorizing certain districts and municipalities in meeting certain requirements to change the date on which it holds its general election to the November uniform election date), Election Code, as added by Chapter 985 (S.B. 2620), Acts of the 88th Legislature, Regular Session, 2023 SECTION 8. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 1209
89R6207 TSS-D By: Hughes
State Affairs
3/17/2025
As Filed
Senate Research Center
S.B. 1209
89R6207 TSS-D
By: Hughes
State Affairs
3/17/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Each year, Texas counties hold numerous elections on dates scattered throughout the year. Known as "off-cycle" elections, they usually feature extremely low voter turnout, decide important issues with input from only a very small portion of the electorate, are costly to facilitate, and strain election officials.
For example, in 2022 Harris County administered elections held on seven different dates throughout the year. In 2024, Dallas County administered elections held on six different dates throughout the year. Texas law currently provides that general and special elections take place on Saturdays in May or on the Tuesday after the first Monday in November. This is in addition to several other elections that take place like runoff, emergency, or vacancy elections.
Off-cycle elections have notoriously low voter turnout. Voter turnout in Harris County for the May 6, 2023, election was 4.87 percent, compared with 42.92 percent at the November 8, 2022, election. Issues involving financial obligations on taxpayers are frequently decided at these low turnout elections. In the May 6, 2023, election, just 10 votes were cast in an election regarding a $31 million dollar bond issue in Harris County. In the May 4, 2024, election, a $35 million bond issue was approved in El Paso County by a margin of six votes in an election with just 1.74 percent turnout.
Low turnout elections are costly and resource intensive. Since each election features substantial fixed costs, the cost per ballot increases significantly in a low turnout election. Ongoing and repeated elections also overburden election officials, reduce the time available to them for meaningful process review and training between elections, and exacerbate the existing challenge of recruiting the poll workers necessary to facilitate each election.
S.B. 1209 resolves these issues by consolidating most elections in Texas to the November election date.
S.B. 1209 amends the Election Code in a few simple ways:
As proposed, S.B. 1209 amends current law relating to the uniform election date.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 2.025(a), Election Code, to require that a runoff election, except as provided by Subsection (d) (relating to requiring a runoff election for a special election to fill certain vacancies to be held within a certain period of time) or as otherwise provided by the Election Code, be held on a Tuesday, rather than Saturday, designated by the secretary of state.
SECTION 2. Amends the heading to Section 41.001, Election Code, to read as follows:
Sec. 41.001. UNIFORM ELECTION DATE.
SECTION 3. Amends Section 41.001, Election Code, by amending Subsections (a) and (c) and adding Subsection (e), as follows:
(a) Requires that each general or special election in this state, except as otherwise provided by Subchapter A (Election Dates), Chapter 41 (Election Dates and Hours for Voting), be held on the first Tuesday after the first Monday in November, rather than on one of certain dates, including the first Saturday in May in an odd-numbered year or the first Saturday in May in an even-numbered year, for an election held by a political subdivision other than a county, or ordered by the governor. Makes a nonsubstantive change.
(c) Deletes existing text creating an exception for a runoff election following an election held under Subsection (a)(2) (relating to requiring that certain elections in this state be held on the first Saturday in May in an even-numbered year for a certain election).
(e) Requires that every election held in this state, except for an election under Section 41.0011 (Emergency Requiring Early Election) or as provided by Section 203.004(b) (relating to requiring an emergency election to be held on a Tuesday or Saturday within a certain period of time), be held on a Tuesday.
SECTION 4. Amends Section 41.004(a), Election Code, as follows:
(b) Provides that, in the case that an election, if a law outside this code other than the constitution requires a special election to be held under certain circumstances, is required to be held, Section 41.001(a) does not apply. Deletes existing text requiring that the election, in that case, be held on the first authorized uniform election date occurring after the expiration of the period. Makes a nonsubstantive change.
SECTION 5. Amends Section 41.0052(a), Election Code, as follows:
(a) Requires the governing body of a political subdivision that holds its general election for officers on a date other than the November uniform election date to, not later than December 31, 2025, change the date on which it holds its general election for officers to the November uniform election date. Deletes existing text authorizing the governing body of a political subdivision, other than a county or municipal utility district, that holds its general election for officers on a date other than the November uniform election date to, not later than December 31, 2016, change the date on which it holds its general election for officers to the November uniform election date.
SECTION 6. Amends Sections 203.013(c) and (e), Election Code, to make conforming changes.
SECTION 7. Repealers: Sections 41.001(d) (relating to providing that a county election administrator is not required to enter into a contract to furnish election services for an election held on a certain date) and 85.001(e) (relating to the period for early voting by personal appearance), Election Code.
Repealer: Section 41.0052(a-1) (relating to authorizing the governing body of an independent school district to change the date on which it holds its general election to the November uniform election date), Election Code, as added by Chapter 1160 (S.B. 1131), Acts of the 88th Legislature, Regular Session, 2023
Repealer: Section 41.0052(a-1) (relating to authorizing certain districts and municipalities in meeting certain requirements to change the date on which it holds its general election to the November uniform election date), Election Code, as added by Chapter 985 (S.B. 2620), Acts of the 88th Legislature, Regular Session, 2023
SECTION 8. Effective date: September 1, 2025.