Monitoring the Session

HB 496

Swanson Bill Puts ‘None Of The Above’ On Propositions Too

Did not pass

Verdict: Smells

SmellsNeeds review
Rep. Valoree SwansonRHouse 150
Why it's charged
Caption mismatch

THE TEXT

…“"FOR" and, below it, "AGAINST" and, below it, "None of the Above" shall be printed to the left of the proposition.”

Bill text, introduced version (I)

The caption covers only an option to not vote for any candidate. The body also adds "None of the Above" to propositions and ballot measures, which the caption does not mention.

Caption mismatch

Needs review · Nov 1, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to a ballot option to not vote for any candidate.

Caption from analyzed text · version I.

Summary

Mark “None of the Above” on any race or measure. It won’t count toward a majority.

The bill adds a "None of the Above" choice to Texas ballots for every race and every ballot measure. It touches voters, county election officials who print ballots, and the secretary of state, who must set the form and placement of the new option. Voters could mark "None of the Above" next to candidates or propositions, but those marks would not count toward deciding who wins a majority.

Labels

Labels: ZOMBIE BILL. Died 2 times: 88R HB 153 (Did not pass) and this bill (Did not pass). Checked against 88R only.DO-OVER. Reworked text of a bill filed before that died: 88R HB 153 (Did not pass). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.STALLED AFTER COMMITTEE. Voted out of the House Elections committee 6-2 on Mar 20, 2025. Never placed on a calendar. The bill died.

Receipt

The receipt

89R-HB496 · 2024-11-12

SOLD BY

Rep. Valoree SwansonRHouse 150 Rep. Carrie IsaacRHouse 73

+ 8 coauthors

ITEM

relating to a ballot option to not vote for any candidate.

WHAT IT DOES

Mark “None of the Above” on any race or measure. It won’t count toward a majority.

The bill adds a "None of the Above" choice to Texas ballots for every race and every ballot measure. It touches voters, county election officials who print ballots, and the secretary of state, who must set the form and placement of the new option. Voters could mark "None of the Above" next to candidates or propositions, but those marks would not count toward deciding who wins a majority.

CHARGES

[x] CAPTION MISMATCHanalysis confidence 50%

THE TEXT

…“"FOR" and, below it, "AGAINST" and, below it, "None of the Above" shall be printed to the left of the proposition.”

Bill text, introduced version (I)

The caption covers only an option to not vote for any candidate. The body also adds "None of the Above" to propositions and ballot measures, which the caption does not mention.

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version H · source

Sources

Fiscal note · version H · March 20, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to Elections
  4. Scheduled for public hearing on . . .
  5. Considered in public hearing
  6. Testimony taken/registration(s) recorded in committee
  7. Left pending in committee
  8. Considered in public hearing
  9. Committee substitute considered in committee
  10. Reported favorably as substituted
  11. Comte report filed with Committee Coordinator
  12. Committee report distributed
  13. Committee report sent to Calendars
  14. Considered in Calendars
FILED UNDER

No verified beat found.

Smells

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Valoree Swanson

Donors

Texans for Lawsuit Reform PAC$314KTexas Conservative Majority PAC$116KKathaleen Wall$11,000

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Oct 27, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Texans for Lawsuit Reform PAC$314,216.50

Texans for Lawsuit Reform PAC

$314,216.50

Cash
$35,000.00
Paid by others
$279,216.50
Total
$314,216.50
advertising $251,088.00polling $15,200.00mail $12,928.50

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jun 27, 2025 to Oct 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101029008, 101031437, 101068777, 101071636.

Texas Conservative Majority PAC$116,200.00

Texas Conservative Majority PAC

$116,200.00

Cash
$25,000.00
Paid by others
$91,200.00
Total
$116,200.00
canvassing $76,000.00polling $15,200.00

Also funds 42 other sitting lawmakers.

Derived recipient stock · Jan 23, 2026 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Sep 18, 2026 to Oct 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101068777, 101071636.

Kathaleen Wall$11,000.00
Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Texans for Lawsuit Reform PAC

$314,216.50

Cash
$35,000.00
Paid by others
$279,216.50
Total
$314,216.50
advertising $251,088.00polling $15,200.00mail $12,928.50

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jun 27, 2025 to Oct 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101029008, 101031437, 101068777, 101071636.

×

Texas Conservative Majority PAC

$116,200.00

Cash
$25,000.00
Paid by others
$91,200.00
Total
$116,200.00
canvassing $76,000.00polling $15,200.00

Also funds 42 other sitting lawmakers.

Derived recipient stock · Jan 23, 2026 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Sep 18, 2026 to Oct 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101068777, 101071636.

Votes

No floor vote loaded for this bill.

Witnesses11
For
9
Against
1
On
1
Names

For

  • Self5 registrations
  • Self; State Republican Executive Committee1 registration
  • Self; Texas Eagle Forum1 registration
  • Self; The Libertarian Party of Texas1 registration
  • True Texas Elections1 registration

Against

  • Self1 registration

On

  • Texas Secretary of State1 registration
Sources

11 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

House witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version H · source

Sources

Fiscal note · version H · March 20, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

FILED BEFORE

Filed 2 times: 88R and 89R. Checked against 88R only.

88R HB 153

by Rep. Swanson, same lead author · Did not pass · reworked

Introduced text

Last action, May 8, 2023: Returned to committee

Relating to a ballot option to not vote for any candidate.

Caption, 88R bill history

Sources

Texas House · Filed Nov 12, 2024

04/17/2025 H Considered in Calendars

Texas Legislature Online · Introduced · House Committee Report

Data snapshot Nov 1, 2026 at 1:38 PM CST. Grades, charges, quotes and corrections follow the published record.

Coauthors
Cody HarrisRHouse 8 Richard HayesRHouse 57 Hillary HicklandRHouse 55 Andy HopperRHouse 64 Lacey HullRHouse 138 Will MetcalfRHouse 16 Joanne ShofnerRHouse 11 Shelby SlawsonRHouse 59

House committee · Elections · Committee vote 6 aye, 2 nay, 1 absent · Out of committee

Subjects

Elections--Candidates

SECRETARY OF STATE

Text

The text as introduced · 354 words

By: Swanson
H.B. No. 496

A BILL TO BE ENTITLED

AN ACT

relating to a ballot option to not vote for any candidate.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter C, Chapter 52, Election Code, is

amended by adding Section 52.0685 to read as follows:

Sec. 52.0685. OPTION TO AFFIRMATIVELY CHOOSE NOT TO VOTE.

(a) Voters shall be given the opportunity to select "None of the

Above" instead of voting for:

(1) the candidates appearing on the ballot;

(2) the list of write-in candidates for each race; or

(3) a measure on the ballot.

(b) A vote under this section does not count for the purpose

of determining which candidate received a majority of votes.

(c) The secretary of state shall prescribe the form and

manner of placing the option "None of the Above" on the ballot.

SECTION 2. Sections 52.070(a) and (b), Election Code, are

amended to read as follows:

(a) A shape for voting shall be printed to the left of :

(1) each candidate's name on a ballot ; and

(2) the option "None of the Above" for each office to

be voted on in the election .

(b) Immediately below "OFFICIAL BALLOT," the following

instruction shall be printed: "Vote for the candidate of your

choice in each race by placing an 'X' or filling in the shape beside

the candidate's name or beside "None of the Above" ."

SECTION 3. Sections 52.073(a), (b), and (c), Election Code,

are amended to read as follows:

(a) On a ballot on which a proposition is to appear, "FOR"

and, below it, "AGAINST" and, below it, "None of the Above" shall be

printed to the left of the proposition.

(b) A brace or other suitable device shall be printed to

indicate to which proposition each "FOR , " [ and ] "AGAINST , " and

"None of the Above" applies.

(c) A square for voting shall be printed to the left of each

"FOR , " [ and each ] "AGAINST ," and "None of the Above ."

SECTION 4. This Act takes effect September 1, 2025.