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HB1661

Regular Session

Relating to election supplies and the conduct of elections; creating criminal offenses; increasing criminal penalties.

Critical
Low Cost
Effective:2025-09-01
HB1661
Relating to election supplies and the conduct of elections; creating criminal offenses; increasing criminal penalties.
Critical Urgency
Heavily Contested
House Vote94 - 54
YEA
NAY
64% in favor148 voting
Senate Vote22 - 9
YEA
NAY
71% in favor31 voting
63
Total Opposition Votes
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
County and District AttorneysLocal Law EnforcementTexas Secretary of State
Primary Author: Rep. Cody Vasut
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: September 1, 2025
  • Compliance Deadline: August 1, 2025 (Contracts and logistics workflows must be updated prior to the November 2025 election cycle).
  • Agency Rulemaking: While no specific rulemaking deadline is set, the Secretary of State will likely issue advisories defining "promptly" and "obstruction" prior to the November 2025 election. The period between Sept 1, 2025, and the first SOS advisory is a high-risk regulatory gray zone.

Immediate Action Plan

  • 1. Audit Contracts: Identify all active agreements with Texas County Elections Administrators and flag undefined service level timelines.
  • 2. Establish "Statutory Floor" Protocols: Program order management systems to flag any county order that falls below the "Historical Turnout + 25%" threshold.
  • 3. Update Employee Handbooks: Issue a specific legal warning to employees taking civic leave for poll work regarding the new felony status of information leaks.
  • 4. Secure Written Instructions: Implement a policy requiring written confirmation from County officials if they order *less* than the statutory requirement, to shield the vendor from liability.

Operational Changes Required

Contracts

  • Master Service Agreements (MSAs): Vendors serving County Elections Departments must amend MSAs to define "promptly supplement" in specific hours/minutes. Do not accept the statutory vagueness.
  • Indemnification: Review clauses immediately. Standard civil indemnification will not protect vendors against the new criminal penalties. Limit civil liability to instances where the vendor failed to meet the *statutory* count (Turnout + 25%), not arbitrary county estimates.
  • Force Majeure: Strengthen clauses to explicitly cover supply chain shortages (e.g., paper availability) to counter potential claims of "intentional" failure to supply.

Hiring/Training

  • Logistics Staff: Delivery drivers and dispatchers require training on the new "Emergency Response" workflow. "Next day delivery" is no longer acceptable for ballot supplementation; it creates criminal exposure.
  • Corporate Poll Workers: Companies with employees serving as Election Judges must update training/handbooks. Unlawfully revealing election info (e.g., early tallies) is now a State Jail Felony. Zero-tolerance policies for social media use while on civic leave are required.

Reporting & Record-Keeping

  • The "Safe Harbor" Calculation: Before fulfilling any order, generate and archive a report comparing the County’s order quantity against the statutory formula (Historical Turnout + 25%).
  • Chain of Custody: Implement GPS-verified, timestamped logs for all supplemental ballot requests. You must be able to prove the exact minute a request was received and fulfilled to defend against "failure to promptly supplement" charges.

Fees & Costs

  • Insurance Review: Standard Professional Liability (E&O) policies exclude criminal acts. Consult your broker regarding coverage gaps for defense costs, as this law criminalizes operational negligence.
  • Logistics Overhead: Budget for standby drivers and vehicles on Election Day to meet the "prompt" requirement.

Strategic Ambiguities & Considerations

  • Definition of "Promptly": The statute criminalizes failure to "promptly supplement" ballots but fails to define the timeframe. This leaves enforcement to the discretion of local District Attorneys.
  • "Intentional" vs. "Negligent": The statute targets "intentional" acts. However, in a supply shortage, a prosecutor may argue that fulfilling County A's order over County B's constitutes an *intentional* failure regarding County B.
  • Obstruction Threshold: The upgrade of "obstruction" to a State Jail Felony is broad. It is unclear if administrative delays or billing disputes that halt delivery could be prosecuted as criminal obstruction.

Need Help Understanding Implementation?

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Dec 18, 2024
Passed House
May 8, 2025
Passed Senate
May 26, 2025
Signed
Jun 20, 2025
TopicsCrimesCrimes--miscellaneousElectionsElections--administrationElections--registration & Suffrage
03

House Authors

Rep. Cody VasutRepublican · Primary Author
Joint Authors
Coauthors (12)

Senate Sponsors

Sen. Paul BettencourtRepublican · Primary Sponsor
Cosponsors (1)

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

Related Legislation

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More from Rep. Cody Vasut

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Quick Reference

Frequently Asked Questions

Common questions about HB1661

Q

What does Texas HB1661 do?

HB1661 criminalizes election supply chain failures, converting administrative logistics errors regarding ballot counts and delivery into Class A Misdemeanors and State Jail Felonies. This legislation fundamentally alters the liability landscape for election services vendors, logistics providers, and corporate employers of poll workers by mandating strict inventory floors (historical turnout + 25%) and undefined "prompt" resupply protocols. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: August 1, 2025 (Contracts and logistics workflows must be updated prior to the November 2025 election cycle).

Q

Who authored HB1661?

HB1661 was authored by Texas Representative Cody Vasut during the Regular Session.

Q

When was HB1661 signed into law?

HB1661 was signed into law by Governor Greg Abbott on June 20, 2025.

Q

Which agencies enforce HB1661?

HB1661 is enforced by County and District Attorneys, Local Law Enforcement and Texas Secretary of State (Elections Division).

Q

How urgent is compliance with HB1661?

The compliance urgency for HB1661 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

Q

What is the cost impact of HB1661?

The cost impact of HB1661 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does HB1661 address?

HB1661 addresses topics including crimes, crimes--miscellaneous, elections, elections--administration and elections--registration & suffrage.

Legislative data provided by LegiScanLast updated: November 25, 2025

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