BILL ANALYSIS

H.B. 3632

By: Hayes

Elections

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee that Texas election law currently permits mail-in ballots to be received and counted until 5 p.m. the day after Election Day, if they were postmarked by 7 p.m. on Election Day, and that recent federal court rulings have created implications for Texas's current law, which permits ballot receipt after Election Day. H.B. 3632 seeks to better align the return of mail-in ballots with federal law while balancing voter access and election administration needs by applying consistent deadlines for ballots and related election materials and processes.

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. 3632 amends the Election Code to revise the alternative deadline for a marked ballot voted by mail to arrive at the address on the carrier envelope if the carrier envelope was placed for delivery by mail or common or contract carrier before election day and bears a cancellation mark of a common or contract carrier or a courier indicating a time not later than 7 p.m. at the location of the election on election day, by changing the deadline from not later than 5 p.m. on the day after election day to 12 a.m. on the day after election day.

H.B. 3632 changes the deadline for early voting ballot materials to be delivered to the early voting ballot board, except as otherwise provided by state law, from as soon after the polls close as practicable, at the time or times specified by the presiding judge of the board, to 12 a.m. on the day after election day.

H.B. 3632 changes the deadline for any jacket envelopes of early voting ballots voted by mail that are returned after delivery of the ballots to the early voting ballot board to be delivered to the presiding judge of the board from the closing of the polls on election day, or as soon after closing as practicable, at the time or times specified by the presiding judge, to 12 a.m. on the day after election day.

H.B. 3632 changes the deadline for early voting ballots voted by mail that are to be counted by automatic tabulating equipment at a central counting station to be delivered to the early voting ballot board from the closing of the polls on election day, or as soon after closing as practicable, at intervals specified by the presiding judge of the board, to 12 a.m. on the day after the election.

H.B. 3632 applies to an election ordered after the bill's effective date.

EFFECTIVE DATE

September 1, 2025.