Texas Senate Bill SB 2309

Texas 2025 - 89th Regular

• Filed: 3/11/25
• Out of Senate Committee: 4/7/25
• Voted on by Senate: 5/19/25

Caption

Relating to election integrity and security of ballot boxes, including by preventing fraud in the conduct of elections in this state; authorizing a penalty.

Summary

SB 2309 would expand election watchers’ access to observe a wider range of election-related activities in Texas. The bill allows watchers at polling places to observe the opening and closing of polling locations, the startup and shutdown of voting equipment, printing of voting system tapes, inspection of ballot boxes, and the sealing and transfer of electronic storage media used by voting systems. It also extends watcher access to the transport and delivery of election materials, including ballot boxes, to regional tabulation centers, central counting stations, early voting sites, election offices, and other designated storage or processing locations. The bill also imposes new surveillance requirements on counties with populations of 100,000 or more. Those counties would have to maintain video surveillance of areas containing voted ballots from delivery through final canvass, and make the video available to the public by livestream. The surveillance must include a visible analog clock in each monitored area. In addition, the bill revises rules for partial counts of electronic voting system ballots so that candidates, and certain political action committee treasurers, may be present and appoint watchers or representatives to monitor ballot retrieval, seal opening, sorting, counting, and resealing. The bill takes effect September 1, 2025, and creates criminal penalties for violations of the surveillance requirement, including a Class A misdemeanor for a first offense and third-degree felonies for later offenses.

Impact

SB 2309 would amend multiple provisions of the Texas Election Code, primarily Chapter 33 and Chapter 127, to broaden public and candidate observation of ballot handling and election processing. It would require county election officials in larger counties to install and operate livestreamed video surveillance over voted-ballot storage and processing areas, and it would expand the legal rights of watchers and candidate representatives to accompany election materials and observe more stages of the count. The bill also adds enforcement provisions by making violations of the surveillance rules criminal offenses.

Sentiment

The available voting history suggests the bill advanced on party-line or near party-line margins, with 20 yeas and 11 nays on both the second and third readings. That pattern indicates generally strong support among proponents of election-security measures and substantial opposition from members concerned about the bill’s scope or consequences. The bill was reported favorably from House State Affairs without amendment, suggesting committee support for moving it forward in its introduced form.

Contention

The main points of contention appear to be the bill’s expanded access and surveillance requirements. Supporters likely view the measure as a way to increase transparency, accountability, and confidence in ballot handling by allowing more observation and public livestreaming. Opponents are likely concerned about privacy, administrative burden, costs, and the criminal penalties attached to compliance failures, especially for counties that would need to maintain continuous surveillance and manage additional watcher access. The requirement that public livestreams include a visible analog clock and the extension of watcher presence to transport and storage locations are likely to be especially debated provisions.