Monitoring the Session

SB 420

Middleton Bill Orders Election Do-Overs In Counties Of 2.7M Or More

Died in committee

Verdict: Smells

SmellsInitial review
Sen. Mayes MiddletonRSenate 11
Why it's charged
Bracket bill

THE TEXT

…“in a county with a population of 2.7 million or more”…

Bill text, introduced version (I)

The population floor aims this new state power at only the largest counties instead of every county where ballots could run out. The caption admits 'certain counties' but never says which, so the bracket does the targeting quietly.

Bracket bill

Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to the authority of the secretary of state to order a new election in certain counties.

Caption from analyzed text · version I.

Summary

Two percent of polling places out of ballots for an hour? Do-over. Whoever paid pays again!

The bill requires the secretary of state to order a new election in a county of 2.7 million people or more when the secretary has good cause to believe at least two percent of its polling places ran out of ballots and did not get more ballots for an hour or longer after asking. It touches the secretary of state, the election officials of the largest counties, and the voters there. When that happens, the state can throw out the result and order a do-over election, set its procedures the way a court could, and bill the cost to whoever paid for the first election.

Corrected Oct 26, 2026 · We checked this summary against the bill text and fixed it.

Labels

Labels: ZOMBIE BILL. Died 2 times: 88R SB 1993 (Died in committee) and this bill (Died in committee). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R SB 1993 (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.NEVER GOT A HEARING. Filed Nov 21, 2024 and referred to the Senate State Affairs committee. No public hearing. The bill died.

Receipt

The receipt

89R-SB420 · 2024-11-21

SOLD BY

ITEM

relating to the authority of the secretary of state to order a new election in certain counties.

WHAT IT DOES

Two percent of polling places out of ballots for an hour? Do-over. Whoever paid pays again!

The bill requires the secretary of state to order a new election in a county of 2.7 million people or more when the secretary has good cause to believe at least two percent of its polling places ran out of ballots and did not get more ballots for an hour or longer after asking. It touches the secretary of state, the election officials of the largest counties, and the voters there. When that happens, the state can throw out the result and order a do-over election, set its procedures the way a court could, and bill the cost to whoever paid for the first election.

Corrected Oct 26, 2026 · We checked this summary against the bill text and fixed it.

CHARGES

[x] BRACKET BILLanalysis confidence 50%

THE TEXT

…“in a county with a population of 2.7 million or more”…

Bill text, introduced version (I)

The population floor aims this new state power at only the largest counties instead of every county where ballots could run out. The caption admits 'certain counties' but never says which, so the bracket does the targeting quietly.

TOTAL

No fiscal note in the loaded record.

HISTORY

  1. Received by the Secretary of the Senate
  2. Filed
  3. Read first time
  4. Referred to State Affairs
FILED UNDER

No verified beat found.

Smells

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Donors

Texans for Lawsuit Reform PAC$1.14MRussell Gordy$300,000Kenneth Fisher$215,000

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 · Jul 6, 2024 to Oct 24, 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$1,140,000.00

Texans for Lawsuit Reform PAC

$1,140,000.00

Cash
$1,140,000.00
Paid by others
$0.00
Total
$1,140,000.00

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 · Dec 12, 2024 to Oct 21, 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: 101009502, 101012383, 101061137, 101072395, 101072779.

Russell Gordy$300,000.00
Kenneth Fisher$215,000.00
Money

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

×

Texans for Lawsuit Reform PAC

$1,140,000.00

Cash
$1,140,000.00
Paid by others
$0.00
Total
$1,140,000.00

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 · Dec 12, 2024 to Oct 21, 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: 101009502, 101012383, 101061137, 101072395, 101072779.

Votes

No floor vote loaded for this bill.

Fiscal

No fiscal note in the loaded record.

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 SB 1993

by Sen. Middleton, same lead author · Died in committee · same text

Introduced text

Last action, May 6, 2023: Referred to Elections

Relating to the authority of the secretary of state to order a new election in certain counties.

Caption, 88R bill history

Sources

Texas Senate · Filed Nov 21, 2024

02/03/2025 S Referred to State Affairs

Texas Legislature Online · Introduced

Data snapshot Oct 26, 2026 at 11:01 AM CDT. Grades, charges, quotes and corrections follow the published record.

Senate committee · State Affairs · Final status: Died in committee

Subjects

Elections--Administration

Elections--General

SECRETARY OF STATE

Text

The text as introduced · 277 words

89R635 MPF-D

By: Middleton
S.B. No. 420

A BILL TO BE ENTITLED

AN ACT

relating to the authority of the secretary of state to order a new

election in certain counties.

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

SECTION 1. Title 14, Election Code, is amended by adding

Subtitle E to read as follows:

SUBTITLE E. ORDER FOR NEW ELECTION BY SECRETARY OF STATE

CHAPTER 249. SHORTAGE OF BALLOTS IN CERTAIN COUNTIES

Sec. 249.001. STANDARD FOR NEW ELECTION. Notwithstanding

any other law, in a county with a population of 2.7 million or more,

the secretary of state shall order a new election if the secretary

has good cause to believe that at least two percent of the total

number of polling places in the county:

(1) ran out of usable ballots during voting hours; and

(2) did not receive supplemental ballots under Section

51.008 for one or more hours after making a request for supplemental

ballots to the authority responsible for distributing election

supplies.

Sec. 249.002. PROCEDURES FOR NEW ELECTION. In establishing

the procedures for a new election ordered under this chapter, the

secretary of state shall have the same authority granted to a

district court under Section 231.007.

Sec. 249.003. EXPENSES OF NEW ELECTION. The expenses of a

new election ordered by the secretary of state under this chapter

are paid from the same fund and by the same authority that paid the

expenses of the previous election.

SECTION 2. The changes in law made by this Act apply only to

an election ordered on or after the effective date of this Act.

SECTION 3. This Act takes effect September 1, 2025.