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Signed Into Law
Signed May 29, 2025Effective 2025-09-01
SB901

Regular Session

Relating to the declaration of a candidate's ineligibility on the basis of filing an application for a place on the general primary election ballot or for nomination by convention with more than one political party.

Government Affairs & Regulatory Compliance Analysis

SB901: Government Affairs Overview

SB901 establishes a statutory "death penalty" for political candidates who file applications for a place on the ballot with more than one political party in the same voting year, rendering them ineligible for any spot on the general election ballot. While this is an election code change, it creates immediate financial and reputational risks for Corporate PACs and Government Affairs departments, requiring stricter due diligence before authorizing political contributions to prevent wasted capital on disqualified candidates.

Sen. Lois Kolkhorst·Senate Bill·Regular Session

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

Convention Presiding Officers • County Party Chairs • Secretary of State • State Party Chairs

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SB901
Low
Relating to the declaration of a candidate's ineligibility on the basis of filing an application for a place on the general primary election ballot or...
Low Compliance Urgency
Requires routine attention
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
Convention Presiding OfficersCounty Party ChairsSecretary of StateState Party Chairs
Primary Author: Sen. Lois Kolkhorst
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: December 2025 (Anticipated filing deadline for the 2026 Primary Election cycle). Your vetting processes must be active before the first check is cut for the 2026 cycle.
  • Agency Rulemaking: The Secretary of State (SOS) is required to prescribe procedures to implement Section 162.0151. Watch for guidance regarding data synchronization between County Chairs and the State between September 2025 and November 2025.

Immediate Action Plan

  • 1. Audit 2026 Vetting Protocols: Immediately update your PAC’s candidate vetting checklist to include a multi-party filing check.
  • 2. Update Consultant MSAs: Send addendums to your political vendors requiring SB901 eligibility verification.
  • 3. Calendar the SOS Deadline: Mark the 10th day following the December 2025 filing deadline as a critical "Go/No-Go" date for releasing primary election funds.
  • 4. Review "Swing" District Candidates: Apply extra scrutiny to candidates in competitive districts who may be tempted to switch parties or run as independents if they fear a primary loss; this law blocks that maneuver.

Operational Changes Required

Contracts

  • Political Consulting Agreements: Amend Master Services Agreements (MSAs) with external lobbyists and political strategists. Insert a clause requiring them to verify candidate eligibility under SB901 prior to recommending contributions. Liability for "wasted" contributions to disqualified candidates should shift to the vendor.
  • Executive Employment Agreements: For corporate officers seeking public office, ensure contracts reflect that a violation of SB901 results in total disqualification, potentially altering their leave-of-absence or return-to-work timelines.

Hiring/Training

  • Government Affairs Staff: Brief your internal relations team on the "Dual-Filing Prohibition." They must understand that a candidate hedging their bets by filing in two primaries is a toxic asset.
  • PAC Boards: Educate your PAC Board that contributions made prior to the SOS certification deadline carry a new specific risk of forfeiture without refund.

Reporting & Record-Keeping

  • Candidate Questionnaires: Update pre-endorsement questionnaires to include a mandatory warranty: *"Candidate certifies they have not and will not file for a place on the ballot with any other political party for the current election cycle."*
  • Ineligibility Monitoring: Establish a protocol to monitor Secretary of State notices starting 10 days after the filing deadline. If a supported candidate is flagged, immediately freeze support and document the notice for internal audit purposes.

Fees & Costs

  • No New Statutory Fees.
  • Cost Risk: The primary financial impact is the potential loss of PAC funds contributed to candidates who are subsequently disqualified. There is no statutory "clawback" provision in this bill for donors.

Strategic Ambiguities & Considerations

  • Definition of "Filing": The statute does not explicitly define whether a *rejected* application (e.g., rejected for clerical errors) constitutes a "filing" that triggers the ban if the candidate subsequently files correctly with a different party. We anticipate SOS rulemaking will need to clarify if "filing" implies "accepted filing."
  • Data Latency: The SOS has a 10-day window to notify candidates of ineligibility. However, delays in data transmission from County Party Chairs to the State could create a "blind spot" where a candidate appears eligible but is statutorily disqualified.

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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
Jan 24, 2025
Passed Senate
Apr 10, 2025
Passed House
May 16, 2025
Signed
May 29, 2025
Effective
Sep 1, 2025
TopicsElectionsElections--candidatesElections--political PartiesElections--primariesSecretary of State
03

Senate Authors

Sen. Lois KolkhorstRepublican · Primary Author

House Sponsor

Rep. Terry WilsonRepublican · 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 SB901

Q

What does Texas SB901 do?

SB901 establishes a statutory "death penalty" for political candidates who file applications for a place on the ballot with more than one political party in the same voting year, rendering them ineligible for any spot on the general election ballot. While this is an election code change, it creates immediate financial and reputational risks for Corporate PACs and Government Affairs departments, requiring stricter due diligence before authorizing political contributions to prevent wasted capital on disqualified candidates.

Q

Who authored SB901?

SB901 was authored by Texas Senator Lois Kolkhorst during the Regular Session.

Q

When was SB901 signed into law?

SB901 was signed into law by Governor Greg Abbott on May 29, 2025.

Q

Which agencies enforce SB901?

SB901 is enforced by Convention Presiding Officers, County Party Chairs, Secretary of State and State Party Chairs.

Q

How significant are the changes in SB901?

The regulatory priority for SB901 is rated as "low". Businesses and organizations should review the legislation to understand potential impacts.

Q

What is the cost impact of SB901?

The cost impact of SB901 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does SB901 address?

SB901 addresses topics including elections, elections--candidates, elections--political parties, elections--primaries and secretary of state.

Q

What are the key dates for SB901?

Key dates for SB901: Effective date is 2025-09-01. Rulemaking: Prescribe procedures necessary to implement Section 162.0151 regarding candidate ineligibility determinations. (Prior to next primary filing deadline (implied)). Consult with legal counsel regarding applicability.

Q

What are the penalties under SB901?

SB901 establishes the following penalties: administrative penalty of Total disqualification from ballot access for Filing an application for a place on the general primary election ballot or for nomination by convention with more than one political party in the same voting year.. Consult with legal counsel for specific applicability to your situation.

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