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Signed Into Law
Signed May 19, 2025Effective 2025-09-01
SB2964

Regular Session

Relating to an opportunity to correct certain defects in an early voting ballot voted by mail.

Government Affairs & Regulatory Compliance Analysis

SB2964: Government Affairs Overview

SB 2964 transforms the correction of mail-in ballot defects from a discretionary administrative task into a mandatory, time-sensitive workflow involving physical and digital channels. This legislation places immediate development burdens on election software vendors to upgrade voter portals and creates strict service-level requirements for print and mail vendors handling election materials.

Sen. Bryan Hughes·Senate Bill·Regular Session

Low
Low Cost
Effective:2025-09-01
Enforcing Agencies

Early Voting Clerks (County Clerks) • Secretary of State

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SB2964
Low
Relating to an opportunity to correct certain defects in an early voting ballot voted by mail.
Low Compliance Urgency
Requires routine attention
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
Early Voting ClerksSecretary of State
Primary Author: Sen. Bryan Hughes
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: Systems and logistics workflows must be fully operational for the first election held on or after September 1, 2025.
  • Agency Rulemaking: The Secretary of State (SOS) must prescribe the official "Corrective Action Form" and define technical standards for the online ballot tracker prior to September 1, 2025. Expect a narrow window between the release of final specifications and the go-live deadline.

Immediate Action Plan

  • Immediate: Initiate a gap analysis of current Election Management Software (EMS) to determine the feasibility of adding "write-back" functionality for voter ID data.
  • Q1 2025: Monitor the Texas Register for the Secretary of State's proposed design of the "Corrective Action Form" and technical specs.
  • Q2 2025: Draft contract amendments for County clients to cover the costs of system upgrades and expedited printing services.
  • August 2025: Conduct end-to-end testing of the digital cure process to ensure audit logs capture all interactions for potential litigation.

Operational Changes Required

Contracts

  • Government Software Vendors: Review Statements of Work (SOW) with County Clerks. Current "read-only" ballot tracking contracts are now insufficient; you must scope and price the addition of interactive "write-back" functionality to allow voter corrections.
  • Print & Mail Houses: Renegotiate Service Level Agreements (SLAs) to guarantee a turnaround time that accommodates the Clerk's statutory requirement to mail notices "not later than the second day" after a defect is discovered.

Hiring/Training

  • Customer Support: Software vendor support teams must be trained on the new "cure" interface to assist County staff.
  • Logistics Personnel: Couriers and mailroom staff must be briefed on the handling of "Corrective Action Forms," as the law explicitly authorizes common carriers for these returns.

Reporting & Record-Keeping

  • Audit Trails: Software providers must enhance system logging. Because the law grants poll watchers the right to observe the cure process, your system must immutably log when a defect notification was triggered and when a correction was received to withstand legal scrutiny.
  • New Documentation: Integrate the SOS-prescribed "Corrective Action Form" into all document management systems used by Election Administrators.

Fees & Costs

  • Development Costs: Tech vendors will incur non-recoverable engineering costs to upgrade portals unless current contracts allow for billable change orders.
  • Postage & Printing: Counties will face increased costs for expedited mailing of cure notices; vendors should adjust volume pricing models accordingly.

Strategic Ambiguities & Considerations

  • "If Possible" Standard: Section 2 requires the online tool to allow defect correction "if possible." This creates a liability risk for vendors. The SOS must define whether "possible" means "technically feasible" or "securely feasible." Vendors should lobby for strict security definitions to avoid liability for fraud.
  • Authentication Protocols: The law is silent on how a voter proves their identity when curing a ballot online. Watch the SOS rulemaking closely for Identity & Access Management (IAM) requirements (e.g., 2FA, ID upload) that must be built into the portal.
  • "Reasonable Time": The law allows Clerks to bypass mail if delivery won't happen within a "reasonable time." This subjective standard may lead to inconsistent enforcement; vendors should push for a standardized definition (e.g., "within 3 days of Election Day") to automate workflow logic.

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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.

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Legislative Timeline

This bill's path through the Texas Legislature

Filed
Mar 14, 2025
Passed Senate
Apr 24, 2025
Passed House
May 5, 2025
Signed
May 19, 2025
Effective
Sep 1, 2025
TopicsCommon CarriersElectionsElections--administrationElections--early VotingElections--generalEmail & Electronic CommunicationsPostal Service, U.s.Secretary of StateElections--election Officers
03

Senate Authors

Sen. Bryan HughesRepublican · Primary Author

House Sponsor

Rep. John BucyDemocrat · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

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Quick Reference

Frequently Asked Questions

Common questions about SB2964

Q

What does Texas SB2964 do?

SB 2964 transforms the correction of mail-in ballot defects from a discretionary administrative task into a mandatory, time-sensitive workflow involving physical and digital channels. This legislation places immediate development burdens on election software vendors to upgrade voter portals and creates strict service-level requirements for print and mail vendors handling election materials.

Q

Who authored SB2964?

SB2964 was authored by Texas Senator Bryan Hughes during the Regular Session.

Q

When was SB2964 signed into law?

SB2964 was signed into law by Governor Greg Abbott on May 19, 2025.

Q

Which agencies enforce SB2964?

SB2964 is enforced by Early Voting Clerks (County Clerks) and Secretary of State.

Q

How significant are the changes in SB2964?

The regulatory priority for SB2964 is rated as "low". Businesses and organizations should review the legislation to understand potential impacts.

Q

What is the cost impact of SB2964?

The cost impact of SB2964 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does SB2964 address?

SB2964 addresses topics including common carriers, elections, elections--administration, elections--early voting and elections--general.

Q

What are the key dates for SB2964?

Key dates for SB2964: Effective date is 2025-09-01. Rulemaking: Develop a corrective action form for ballot defects and update the online ballot tracking tool to allow for defect correction. (Prior to 2025-09-01). Consult with legal counsel regarding applicability.

Need Strategic Guidance on This Legislation?

JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.

Legislative data provided by LegiScanLast updated: January 11, 2026