Monitoring the SessionSB 1436
Did not pass
THE TEXT
“A county clerk, elections administrator, or early voting clerk who violates this section commits an offense.”
Bill text, introduced version (I)
The ban in subsection (a) names the early voting ballot board, but the penalty in subsection (b) leaves the board out. The board is a body that applies the acceptance requirements, so if it suspends them, the bill attaches no offense.
The holeNeeds review · Nov 1, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade
relating to accepting an early voting ballot voted by mail; creating a criminal offense.
Caption from analyzed text · version I.
Clerks who suspend mail-ballot checks face a Class A misdemeanor. Ballot board members? No offense.
This bill bars county clerks, elections administrators, early voting clerks and early voting ballot boards from suspending the rules in Section 87.041(b) of the Election Code, the existing requirements a mail ballot must meet before it can be accepted. A county clerk, elections administrator or early voting clerk who breaks this ban commits a Class A misdemeanor offense. Starting September 1, 2025, local election officials can no longer waive those mail-ballot acceptance checks, though the offense does not reach ballot board members.
Labels: ZOMBIE BILL. Died 2 times: 88R SB 1950 (Died in committee) and this bill (Did not pass). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R SB 1950 (Died in committee). 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.CREATES AN OFFENSE. The caption of the graded version (introduced) reads: “relating to accepting an early voting ballot voted by mail; creating a criminal offense.”STALLED AFTER COMMITTEE. Voted out of the Senate State Affairs committee 9-0 on Mar 27, 2025. Never placed on a calendar. The bill died.
89R-SB1436 · 2025-02-19
relating to accepting an early voting ballot voted by mail; creating a criminal offense.
Clerks who suspend mail-ballot checks face a Class A misdemeanor. Ballot board members? No offense.
This bill bars county clerks, elections administrators, early voting clerks and early voting ballot boards from suspending the rules in Section 87.041(b) of the Election Code, the existing requirements a mail ballot must meet before it can be accepted. A county clerk, elections administrator or early voting clerk who breaks this ban commits a Class A misdemeanor offense. Starting September 1, 2025, local election officials can no longer waive those mail-ballot acceptance checks, though the offense does not reach ballot board members.
[x] THE HOLEanalysis confidence 50%
THE TEXT
“A county clerk, elections administrator, or early voting clerk who violates this section commits an offense.”
Bill text, introduced version (I)
The ban in subsection (a) names the early voting ballot board, but the penalty in subsection (b) leaves the board out. The board is a body that applies the acceptance requirements, so if it suspends them, the bill attaches no offense.
No significant fiscal implication to the State is anticipated.
LBB estimate · fiscal note version I · source
Fiscal note · version I · March 21, 2025
No first-year general revenue figure available here.
LBB published estimates · flow over the stated periods.
Source snapshot 2026-10-19, Central time.
THE TEXT
…“may not suspend the requirements under Section 87.041(b).”
Bill text, introduced version (I)
The bill does not change the mail-ballot acceptance rules themselves; it forbids local officials from suspending them and puts an offense behind that ban.
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Derived itemized flow · Oct 27, 2024 to Jun 30, 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.
MoneyMissing data does not establish zero giving. Display amounts are rounded.
No floor vote loaded for this bill.
33 parsed registrations across the loaded witness lists.
Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.
Senate witness list. Source snapshot 2026-10-20, Central time.
No significant fiscal implication to the State is anticipated.
LBB estimate · fiscal note version I · source
Fiscal note · version I · March 21, 2025
No first-year general revenue figure available here.
LBB published estimates · flow over the stated periods.
Source snapshot 2026-10-19, Central time.
Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.
Filed 2 times: 88R and 89R. Checked against 88R only.
by Sen. Bettencourt, same lead author · Died in committee · same text
Introduced textLast action, Apr 18, 2023: Referred to Elections
Relating to accepting an early voting ballot voted by mail; creating a criminal offense.
Caption, 88R bill history
Texas Senate · Filed Feb 19, 2025
03/31/2025 S Committee report printed and distributed: Mar 31 2025 9:38PM
Texas Legislature Online · Introduced · Senate Committee Report
Data snapshot Nov 1, 2026 at 2:09 PM CST. Grades, charges, quotes and corrections follow the published record.
Senate committee · State Affairs · Committee vote 9 aye, 0 nay, 2 absent · Out of committee
Elections--Administration
Elections--Early Voting
Elections--Election Officers
Elections--General
The text as introduced · 209 words
89R2062 MPF-D By: Bettencourt S.B. No. 1436 A BILL TO BE ENTITLED AN ACT relating to accepting an early voting ballot voted by mail; creating a criminal offense. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter C, Chapter 87, Election Code, is amended by adding Section 87.0412 to read as follows: Sec. 87.0412. SUSPENSION OF ACCEPTING VOTER REQUIREMENTS PROHIBITED. (a) A county clerk, elections administrator, early voting clerk, or early voting ballot board may not suspend the requirements under Section 87.041(b). (b) A county clerk, elections administrator, or early voting clerk who violates this section commits an offense. An offense under this section is a Class A misdemeanor. SECTION 2. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date. SECTION 3. This Act takes effect September 1, 2025.