HB1661

HB1661 creates two election-supply offenses, increases penalties for three existing offenses, and gives countywide polling-place counties more flexibility in allocating ballots. It took effect September 1, 2025. Final law.

The new offenses apply to the authority responsible for procuring election supplies. It is a Class A misdemeanor to intentionally fail to provide a precinct with the legally required number of ballots, or to intentionally fail to promptly provide more ballots when a polling place requests them. The intent requirement matters: the text does not make every unexpected shortage or accidental delay automatically criminal. Final law, Sections 1–2.

The law retains the existing turnout-based ballot minimum, including its 25-percent buffer. It separates the upper limit into a new subsection and makes an exception: the number provided may exceed the precinct’s registered-voter total when the county participates in the countywide polling-place program. That program lets voters use polling places across their county; this exception concerns ballot supplies, not permission for a person to vote more than once. Election Code 51.005; countywide program, 43.007.

Three existing offenses receive higher classifications:

• Intentional failure to distribute or deliver election supplies on time: Class C becomes Class A misdemeanor. The underlying law distinguishes the distribution deadline from the delivery time assigned to a person entrusted with the supplies.
• Intentional obstruction of election-supply distribution: Class C becomes Class A misdemeanor—not a felony in the final law.
• Unlawful disclosure of specified information by an election officer, watcher or other person serving officially at a polling place: Class A misdemeanor becomes a state jail felony. This covers specified vote totals, candidate standings, whether a measure is passing or failing, and names of people who have or have not voted, before the polls close or the last voter votes, whichever is later. The same underlying section still requires periodic posting of the total number of voters; that aggregate turnout notice is not the same as revealing candidate results or voter names.

Final law, Sections 3–5; Election Code 51.004, 51.010 and 51.011; 61.007.

A Class A misdemeanor ordinarily carries up to one year in jail, a fine up to $4,000, or both. A state jail felony ordinarily carries 180 days to two years in state jail, with a possible fine up to $10,000, subject to other applicable sentencing rules. The higher penalties for the three existing offenses apply only when the offense is committed on or after September 1, 2025; the act preserves prior law if any element occurred earlier. Penal Code 12.21 and 12.35; final law, Section 6.