Swanson Bill Makes City Ballots Match Citizen Petitions Exactly

The text as introduced · 1,651 words

89R73 MLH-F

By: Swanson
H.B. No. 631

A BILL TO BE ENTITLED

AN ACT

relating to requirements for certain petitions requesting an

election and ballot propositions and to related procedures and

provisions.

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

SECTION 1. This Act may be cited as the Ballot Measure

Election Integrity Act of 2025.

SECTION 2. Section 52.072, Election Code, is amended by

adding Subsection (g) to read as follows:

(g) A proposition proposing an amendment to a city charter

or a voter-initiated initiative or referendum as requested by a

petition must use wording identical to the caption of any

corresponding petition as provided by Section 277.0015(b), as

applicable.

SECTION 3. Chapter 233, Election Code, is amended by adding

Section 233.0115 to read as follows:

Sec. 233.0115. BALLOT LANGUAGE MANDAMUS ACTION. If a court

orders a home-rule city to order a new election under Section

233.011, a qualified voter of the home-rule city may seek from the

court a writ of mandamus to compel the governing body of the city to

comply with Section 52.072(g), as provided by Section 273.101.

SECTION 4. Chapter 273, Election Code, is amended by adding

Subchapter F to read as follows:

SUBCHAPTER F. BALLOT PROPOSITION LANGUAGE ENFORCEMENT PROVISIONS

Sec. 273.101. MANDAMUS ACTIONS. (a) A qualified voter of a

home-rule city may seek from the court a writ of mandamus to compel

the governing body of the city to comply with the requirement of

Section 52.072(g).

(b) The court must give absolute priority to a petition for

a writ brought under this section and shall make its determination

without delay and prior to the deadline for printing ballots.

(c) The court may award a petitioner who substantially

prevails in an action described by Subsection (a) the party's

reasonable attorney's fees, expenses, and court costs.

(d) Governmental immunity to suit and liability is waived

and abolished only to the extent of the liability created by

Subsection (c).

Sec. 273.102. REVIEW OF PETITION BY SECRETARY OF STATE. (a)

The governing body of a home-rule city or a qualified voter of the

home-rule city may file a complaint with the secretary of state

alleging that a caption is invalid under Section 277.0015.

(b) The secretary of state shall review a caption alleged to

be invalid in a complaint under Subsection (a) not later than the

seventh day after the date the secretary receives the complaint.

(c) If the secretary of state determines that a complaint

under Subsection (a) correctly alleges that a caption is invalid

under Section 277.0015, the secretary of state shall modify the

caption and provide the modified caption to the home-rule city for

use as a ballot proposition.

(d) In modifying a caption under Subsection (c), the

secretary of state shall:

(1) seek input from persons who signed or circulated

the petition; and

(2) modify the caption only to the extent necessary

for compliance with Section 277.0015.

(e) Action by the secretary of state under this section may

not be considered by a court as evidence that a caption does not

comply with Section 277.0015.

SECTION 5. The heading to Chapter 277, Election Code, is

amended to read as follows:

CHAPTER 277. PETITION TO CITY UNDER STATE LAW OR CITY CHARTER

[ PRESCRIBED BY LAW OUTSIDE CODE ]

SECTION 6. Chapter 277, Election Code, is amended by

designating Sections 277.001, 277.002, 277.0021, 277.0022,

277.0023, and 277.0024 as Subchapter A and adding a subchapter

heading to read as follows:

SUBCHAPTER A. FORM AND CONTENT OF PETITION

SECTION 7. Section 277.001, Election Code, is amended to

read as follows:

Sec. 277.001. APPLICABILITY OF SUBCHAPTER [ CHAPTER ]. This

subchapter [ chapter ] applies to a petition authorized or required

to be filed with a city [ under a law outside this code ] in

connection with an election , regardless of whether the petition is

authorized by state law or a city charter .

SECTION 8. Subchapter A, Chapter 277, Election Code, as

added by this Act, is amended by adding Section 277.0015 to read as

follows:

Sec. 277.0015. PROPOSED MEASURES. (a) A petition must

contain or have attached a caption for the proposed measure.

(b) The caption must identify the proposed measure by its

chief features, describing its character and purpose with such

definiteness and certainty that voters are not misled.

(c) Unless the caption is modified under Section 273.102,

the governing body of a home-rule city shall proceed with an

election requested by a petition despite a complaint that the

petition violates Subsection (b) and in doing so shall comply with

Section 52.072(g) and all ordinary timelines and requirements for

such an election.

(d) The secretary of state shall issue guidance to help a

person preparing to circulate a petition comply with the

requirements of Subsection (b).

SECTION 9. Section 277.002, Election Code, is amended by

adding Subsection (g) to read as follows:

(g) The illegibility of a signature on a petition submitted

to a home-rule city is not a valid basis for invalidating the

signature if the information provided with the signature as

required by this section and other applicable law legibly provides

enough information to demonstrate that the signer:

(1) is eligible to have signed the petition; and

(2) signed the petition on or after the 180th day

before the date the petition was filed.

SECTION 10. Subchapter A, Chapter 277, Election Code, as

added by this Act, is amended by adding Section 277.005 to read as

follows:

Sec. 277.005. STANDARD PETITION FORM; VALIDITY. (a) The

secretary of state shall:

(1) adopt a standard petition form for

petition-initiated elections; and

(2) publish the form and instructions for using the

form on the secretary's Internet website.

(b) The standard petition form must require:

(1) the name of the circulator;

(2) a caption for the measure as required by Section

277.0015;

(3) each signer to provide:

(A) the signer's printed name;

(B) the signer's signature;

(C) the signer's:

(i) date of birth; or

(ii) voter registration number and county

of residence;

(D) the signer's residence address, including

city and, if applicable, zip code; and

(E) the date of signing; and

(4) an affidavit of the circulator stating that the

circulator verifies that the circulator witnessed the signatures,

including a space for the affidavit to be signed and notarized.

(c) Notwithstanding any other law, including a city

charter, a city may not require the submission of information on or

with a petition that the standard petition form published by the

secretary of state does not provide for or require to be provided.

(d) A person who circulates or submits a petition is not

required to use the standard petition form. A petition that does not

use the standard petition form must contain the substantial

elements required to be provided on the standard petition form.

SECTION 11. Chapter 277, Election Code, is amended by

adding Subchapters B and C to read as follows:

SUBCHAPTER B. SUBMISSION OF CERTAIN CITY PETITIONS

Sec. 277.031. APPLICABILITY OF SUBCHAPTER. This subchapter

applies to a home-rule city that has a procedure requiring the

governing body of the city to hold an election on receipt of a

petition, including a procedure imposed by statute, requesting the

election.

Sec. 277.032. CONFLICTS WITH CITY CHARTER OR OTHER LAW. The

provisions of this subchapter apply notwithstanding any city

charter provision or other law.

Sec. 277.033. DETERMINATION OF VALIDITY. (a) The city

secretary shall determine the validity of a petition submitted

under this subchapter, including by verifying the petition

signatures, not later than the 30th day after the date the city

receives the petition.

(b) The city secretary may not invalidate a petition on

grounds of an inadequate caption but may:

(1) file a complaint under Section 273.102; and

(2) modify the caption as directed by the secretary of

state under Section 273.102.

Sec. 277.034. COLLECTOR REQUIREMENTS PROHIBITED. A city

may not restrict who may collect petition signatures.

SUBCHAPTER C. REPEAL OF PETITION-INITIATED CHARTER AMENDMENT

Sec. 277.051. APPLICABILITY OF SUBCHAPTER. This subchapter

applies to a home-rule city that has a procedure, including a

procedure imposed by statute, requiring the governing body of the

city to hold an election on receipt of a petition requesting the

election.

Sec. 277.052. REPEAL OF PETITION-INITIATED CHARTER

AMENDMENT. (a) A city may repeal a charter amendment adopted by a

petition-initiated election only by a petition-initiated election

held for the specific purpose of repealing the amendment. A repeal

petition may not include any other measure, including the repeal of

multiple charter amendments.

(b) A city may not repeal a charter amendment adopted by a

petition-initiated election by adopting a new or revised city

charter. A new or revised city charter must include each charter

amendment adopted by a petition-initiated election unless the

charter amendment was repealed in accordance with Subsection (a).

SECTION 12. Section 9.004(a), Local Government Code, is

amended to read as follows:

(a) Except as provided by Section 9.0045, the governing body

of a municipality on its own motion may submit a proposed charter

amendment to the municipality's qualified voters for their approval

at an election. The governing body shall submit a proposed charter

amendment to the voters for their approval at an election if the

submission is supported by a petition signed by a number of

qualified voters of the municipality equal to at least five percent

of the number of qualified voters of the municipality on the date of

the most recent election held throughout the municipality or

20,000, whichever number is the smaller.

SECTION 13. Sections 277.003 and 277.004, Election Code,

are repealed.

SECTION 14. Not later than January 1, 2026, the secretary of

state shall adopt and publish a petition form as required by Section

277.005, Election Code, as added by this Act.

SECTION 15. The changes in law made by this Act apply only

to a petition submitted on or after January 1, 2026.

SECTION 16. This Act takes effect September 1, 2025.