Texas Reform Would Give More Voters A Say On Costly Ballot Measures

Small slivers of the population in cities, towns, and counties across the U.S., nearly every spring, are able to saddle their fellow residents with millions and in some cases billions of dollars worth of new tax and spending obligation. Senate Bill 1209, which the Texas Senate recently passed, would put an end to this problem in the nation’s second largest state by population size, ensuring that new taxpayer commitments are no longer made without input from most of the electorate.

SB 1209, introduced by Senator Bryan Hughes (R), would require that all local bond measures authorizing new public debt obligations only be placed on the November general election ballot. Currently, local governments in Texas are able to put bond measures on the ballot in May and November. James Quintero, policy director at the Texas Public Policy Foundation, points to the low turnout witnessed in local elections earlier this month as the most recent example of the problem SB 1209 is seeking to solve.

“In some of Texas’ largest, costliest bond elections, voter turnout was anemic, meaning that a tiny fraction of Texans obligated every one of their neighbors to new debt and higher taxes,” notes Quintero. “This is not a good way to make big, important decisions.”

SB 1209, which the Texas Senate passed in late April, is now awaiting consideration in the Texas House. The current legislative session adjourns on June 2.

“Bond elections are best decided when the most number of voters participate in the decision-making process,” adds Quintero. “Something so obvious should prompt local governments to limit holding their bond elections to the uniform election date in November—and that’s it.”

SB 1209, should the Texas House send it to Governor Greg Abbott’s desk (R), could be a model that state legislators elsewhere seek to implement. That’s because the problem SB 1209 would solve is not unique to Texas. There are plenty of examples from other states of local bond and tax measures that have been approved in special elections or primary elections in which turnout is much lower than in November. In North Carolina, for example, two proposed sales tax hikes that the residents of Guilford County were asked to vote on in the two most recent election cycles demonstrate how there is need for SB 1209-style reforms in other states.

Guilford County voters rejected those proposed sales tax hike in 2022 and again in 2024. The 2022 sales tax hike, however, was placed on the May ballot, while the 2024 sales tax hike appeared on the November general election ballot. While Guilford County voters rejected both proposed sales tax hikes, the difference in the share of the community that weighed in on those similar proposals helps explain why many want to see such measures only be put to voters in November general elections.

In 2024, 265,930 of Guilford County voters cast ballots on the proposed sales tax hike, with 59% of them rejecting it. Only 74,880 people, however, voted on the 2022 sales tax hike, with 54% of them opposing it.

While the 106,860 votes cast in favor of the 2024 sales tax hike were insufficient for passage last year, it would’ve taken only 37,441 Yes votes to approve the 2022 sales tax hike. Put another way, it would’ve taken support from less than 7% of Guilford County residents to pass the 2022 sales tax hike, while the 2024 sales tax increase would’ve needed support from nearly 25% of county residents in order to pass. As these recent Guilford County sales tax hikes demonstrate, placing measures on a lower turnout spring election permits a much smaller share of the community to saddle everyone with new debt and tax obligations.

Improving Truth In Bond Measure Advertising

In addition to SB 1209, which would increase voter input on costly ballot measures, Texas lawmakers are also considering a proposal to provide greater truth in advertising when it comes to bond measures. Senate Bill 414, introduced by Senator Mayes Middleton (R-Galveston) would require all bond measures appearing on the ballot to inform voters about not only the amount of new debt to be authorized, but also the total interest costs that taxpayers will be paying off. Texans for Fiscal Responsibility (TFR) is among the organizations urging the Texas House to pass SB 414, touting it as a reform that “promotes honesty, limits waste, and helps prevent unnecessary debt and tax hikes.”

“SB 414 makes local bond elections more transparent by requiring ballots to show the full cost of the debt—including interest—rather than just the principal,” TFR explained in their April 3 vote notice. “It also mandates a voter information document that shows how much debt a local government already has and estimates how much taxes would go up on a $100,000 home. This prevents misleading bond proposals and gives taxpayers the tools they need to make informed decisions.

The Texas House has two weeks to send SB 1209 and SB 414 to Governor Abbott’s desk. Just as governors and lawmakers in states across the country are seeking to match Texas’s lack of an income tax, other states are likely to follow the Lone Star State’s lead in requiring election uniformity for bond measures and other important decisions.