HB3697

Regular Session

Relating to the text on an application for a ballot to be voted by mail.

ModeratePlan for compliance

Low Cost

Effective:2025-06-20

Enforcing Agencies

Texas Secretary of State • County Election Administrators

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: June 20, 2025 (Note: The bill passed with a supermajority, overriding the September 1 date listed in the text).
Compliance Deadline: June 20, 2025. You must not distribute pre-existing forms for any election ordered on or after this date.
Agency Rulemaking: The Texas Secretary of State (SOS) must update the officially prescribed ABBM. A "regulatory gray zone" exists between June 20 and the release of the new official template; businesses should pause distribution until the SOS releases the compliant design.

Immediate Action Plan

1. Halt Distribution: Immediately stop distributing current ABBMs at nursing homes, corporate drives, or via direct mail.
2. Purge Inventory: Physically remove and recycle all stock printed prior to June 2025.
3. Update Templates: Redesign internal templates to accommodate the significant increase in text volume due to the font size jump.
4. Monitor SOS: Assign staff to check the Texas Secretary of State’s website daily for the release of the new prescribed form.

Operational Changes Required

Contracts

Printing Vendor Agreements: Update all Statements of Work (SOW) to explicitly require "10-point font minimum" and "100% black text."
Indemnification Clauses: Amend Master Services Agreements (MSAs) with printers and consultants to include indemnification for costs and damages resulting from the rejection of ballot applications due to formatting non-compliance.

Hiring/Training

Graphic Design Teams: Retrain design staff on the new statutory constraints. Aesthetic choices (e.g., grey instructional text or colored branding) are now illegal on the application body.
Quality Control: Designate a compliance officer to physically measure font size on proofs prior to mass printing.

Reporting & Record-Keeping

Proof Retention: Maintain physical or digital proofs of all printed election materials demonstrating 10-point font compliance to defend against potential claims of disenfranchisement.
Inventory Logs: Document the destruction/recycling of obsolete forms to ensure they do not accidentally re-enter circulation.

Fees & Costs

Inventory Write-Offs: Immediate financial loss regarding the destruction of current stock.
Postage & Material Increases: Increasing font size to 10-point will likely force the form onto larger paper stock (e.g., moving from cardstock to 8.5x11 or 8.5x14), potentially increasing postage costs and requiring larger return envelopes.

Strategic Ambiguities & Considerations

Scope of "Text": The law requires "text" to be black but does not explicitly exempt logos, watermarks, or "For Official Use Only" boxes. Until the SOS issues a ruling, print everything in black to avoid rejection by zealous local election officials.
Footnotes and Copyrights: It is unclear if statutory footnotes or form version numbers must also meet the 10-point requirement. The safest operational stance is to ensure *every* character on the page is 10-point or larger.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsElections Elections--administration Elections--early Voting Elections--general

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

H.B. 3697

By: Cortez

Elections

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee that the requirement in current law for early voting ballot applications to be printed in six-point font poses a significant accessibility issue, as that font size is exceptionally small. The bill author has also informed the committee that in addition to the readability challenges presented by these formatting requirements, particularly for older adults and those with visual impairments, the lack of standardization regarding paper color and text color across counties creates inconsistency in the voting experience, which can cause confusion and potentially create barriers to participation for voters who travel or relocate within the state. H.B. 3697 seeks to address this issue by establishing uniform formatting requirements for balloting materials for an early voting ballot to be voted by mail.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 3697 amends the Election Code to require additional balloting materials for an early voting ballot to be voted by mail, including the applicable instructions, to be printed in at least 12-point type and in black text on a white background. The bill also requires the officially prescribed application form for such a ballot to be printed in black text on a white background and increases the form's minimum type size from at least 6-point to at least 12-point. The bill applies only to an election ordered on or after the bill's effective date.

EFFECTIVE DATE

September 1, 2025.

House Authors

Rep. Philip CortezDemocrat · Primary Author

Joint Authors

Mihaela Plesa (D)

Senate Sponsor

Sen. Judith ZaffiriniDemocrat · Primary Sponsor

Bill Text(with markup)

H.B. No. 3697

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to the text on an application for a ballot to be voted by
	mail.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 84.011(b), Election Code, is amended to
	read as follows:
	(b) The officially prescribed application form for an early
	voting ballot to be voted by mail must be:
	(1) at least eight inches by nine inches in size;
	(2) [~~and be~~] printed in at least 10-point [~~six-point~~]
	type; and
	(3) printed in black text.
	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.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 23, 2025

TO:	Honorable Matt Shaheen, Chair, House Committee on Elections

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	HB3697 by Cortez (Relating to the text on an application for a ballot to be voted by mail and other balloting materials.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would amend the Election Code related the size of text printed on certain balloting materials.

According to the Secretary of State, the bill would increase the size and weight of ballots transported by mail. It is assumed that any costs related to an increase in weight of these materials could be absorbed within existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

307 Secretary of State

LBB Staff:

JMc, FV, BC, CWi, GP

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Frequently Asked Questions

Common questions about HB3697

What does Texas HB3697 do?

HB3697 mandates that all applications for ballots by mail (ABBM) must be printed in black ink with a minimum 10-point font, effective immediately for upcoming elections. This legislation creates strict liability for commercial printers, political consultants, and senior living facilities, requiring the immediate purge of all pre-existing, non-compliant form inventory to prevent the rejection of voter applications. Implementation Timeline Effective Date: June 20, 2025 (Note: The bill passed with a supermajority, overriding the September 1 date listed in the text).

Who authored HB3697?

HB3697 was authored by Texas Representative Philip Cortez during the Regular Session.

When was HB3697 signed into law?

HB3697 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce HB3697?

HB3697 is enforced by Texas Secretary of State and County Election Administrators.

How urgent is compliance with HB3697?

The compliance urgency for HB3697 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of HB3697?

The cost impact of HB3697 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does HB3697 address?

HB3697 addresses topics including elections, elections--administration, elections--early voting and elections--general.

Legislative data provided by LegiScanLast updated: November 25, 2025

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