BILL ANALYSIS

Senate Research Center	S.B. 2363
89R3477 TSS-F	By: Creighton
	State Affairs
	4/8/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

During the 2024 Republican Primary Election, the ballot of the then-Chairman of the Republican Party of Texas was published online by a news outlet for the public to see without his consent. This was a violation of privacy and undermined the secrecy of his ballot, which all Texans reasonably expect when they cast their vote.

S.B. 2363 amends Texas Election Code to make it a third degree felony to knowingly publish someone else's vote without their consent. 

As proposed, S.B. 2363 amends current law relating to the prosecution of the criminal offense of unlawfully publishing a vote.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 61.006, Election Code, as follows:

Sec. 61.006. New heading: UNLAWFULLY PUBLISHING VOTE. (a) Defines "effective consent" and "publish."

(a-1) Creates this subsection from existing text. Provides that a person commits an offense if the person knowingly publishes how a voter has voted without the effective consent of the voter. Deletes existing text providing that a person commits an offense if the person was in a polling place for any purpose other than voting and knowingly communicates to another person information that the person obtained at the polling place about how a voter has voted.

(b) Makes no changes to this subsection.

(c) Provides that it is an exception to prosecution under this section that the person published the voter's voting information during an official investigation to which the information was relevant or an administrative, executive, legislative, or judicial proceeding conducted before a public servant and to which the information was relevant, including during the administration of an election.

Deletes existing text providing that this section does not apply to information presented in an official investigation or other official proceeding in which the information is relevant. Makes nonsubstantive changes.

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 2025.