reglab/statecodes huggingface dataset:
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 231 - Contest in District Court Generally › Section 231.008. Delivery of Certified Copies of Judgment

Sec. 231.008.  DELIVERY OF CERTIFIED COPIES OF JUDGMENT.  (a)  As soon as practicable after a judgment in an election contest becomes final or, if the judgment orders that a new election be held, after the district court sets the date for the new election, the district clerk shall deliver certified copies of the judgment as provided by this section.  If the judgment orders a new election, the clerk shall attach to each copy of the judgment a certified copy of the order setting the election date and any other order relating to the conduct of the election.
(b)  If the judgment in a contest for an office affects the preparation of the ballot for a succeeding election, the clerk shall deliver a copy to the authority responsible for having the official ballot prepared or, in the case of a statewide or district office, to the authority responsible for certifying the names of the candidates for placement on the ballot.
(c)  If the judgment orders that a new general or special election be held, the clerk shall deliver a copy to the authority responsible for ordering the election.  If the judgment orders a new primary election, the clerk shall deliver a copy to the state chair of the appropriate political party, in the case of a statewide or district office, or to the county chair, in the case of a county or precinct office.
(d)  The clerk shall deliver a copy of the judgment to the custodian of the election register for the final canvassing authority in the contested election.  The custodian shall record in the register the judgment or an abstract of the judgment in sufficient detail to show the outcome of the contest.
(e)  The district judge may direct the clerk to furnish certified copies of the judgment to other persons as necessary to effectuate the judgment.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 229, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 231 - Contest in District Court Generally › Section 231.009. Precedence of Contest on Appeal

Sec. 231.009.  PRECEDENCE OF CONTEST ON APPEAL.  An election contest has precedence in the appellate courts and shall be disposed of as expeditiously as practicable.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 232 - Contests for Office › Subchapter A. Trial and Disposition of Contest › Section 232.001. Applicability of Chapter

Sec. 232.001.  APPLICABILITY OF CHAPTER.  This chapter applies to a contest of an election for nomination or election to a public office or an office of a political party.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 232 - Contests for Office › Subchapter A. Trial and Disposition of Contest › Section 232.002. Contestant

Sec. 232.002.  CONTESTANT.  Any candidate in an election may contest the election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 232 - Contests for Office › Subchapter A. Trial and Disposition of Contest › Section 232.003. Contestee: General Rule

Sec. 232.003.  CONTESTEE:  GENERAL RULE.  (a)  If a contested election is for nomination or election to an office for which only one person is to be nominated or elected, the contestee is:
(1)  the opposing candidate who is officially determined to be nominated or elected, or in the case of a tie for the most votes, each of the opposing tied candidates;  or
(2)  if the final official canvass shows that a runoff election is necessary to decide the nomination or election:
(A)  each of the opposing candidates shown by the canvass to be entitled to or tied for a place on the runoff ballot if the contestant is not so entitled or tied;  or
(B)  the opposing candidate or candidates shown by the canvass to be entitled to or tied for a place on the runoff ballot if the contestant is so entitled or tied.
(b)  If a contested election is for election to an office for which more than one person is to be elected from the same set of candidates, any one or more of the candidates who are officially determined to be elected or to be tied with another candidate for election may be a contestee.  The court may require the joinder of any of the candidates who are not named as contestees.
(c)  Except as provided by Section 232.004 or 232.005, this section is exclusive as to the persons who may be named contestee in an election contest.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 232 - Contests for Office › Subchapter A. Trial and Disposition of Contest › Section 232.004. Substitute Contestee

Sec. 232.004.  SUBSTITUTE CONTESTEE.  (a)  A contestant may name as a substitute contestee the presiding officer of the final canvassing authority for the election if:
(1)  a deceased or ineligible candidate receives a sufficient number of votes for nomination or election according to the official result of the contested election;
(2)  a candidate who could have been named as contestee under Section 232.003 dies or is declared ineligible before the contest is filed;  or
(3)  a contestee dies while a contest is pending.
(b)  The costs of an election contest may not be assessed against a contestee named under Subsection (a) or against the governmental or political entity the contestee represents.
(c)  If in any of the circumstances described by Subsection (a) a person is appointed to a resulting vacancy in the office or in the nomination for the office, the contestant may name the appointee as a substitute contestee or the appointee may intervene on the side of the contestee.
(d)  In any of the circumstances described by Subsection (a), the district court may permit one or more qualified voters who voted in the election to intervene for the purpose of representing the interests of the voters who voted for the deceased or ineligible candidate.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 232 - Contests for Office › Subchapter A. Trial and Disposition of Contest › Section 232.005. Additional Contestee

Sec. 232.005.  ADDITIONAL CONTESTEE.  The district court may require or permit any one or more candidates in a contested election to be named as contestee or may permit the candidates to intervene on the side of the contestee, as the court determines the circumstances warrant.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 232 - Contests for Office › Subchapter A. Trial and Disposition of Contest › Section 232.006. Venue

Sec. 232.006.  VENUE.  (a)  The venue of an election contest for a statewide office is in Travis County.
(b)  The venue of a contest for an office less than statewide that is filled by voters of more than one county is:
(1)  in the county in which the contestee or any one of the contestees named under Section 232.003 resides if the residence is in the territory covered by the election;  or
(2)  in any county wholly or partly in the territory covered by the election if:
(A)  no contestee named under Section 232.003 resides in that territory;  or
(B)  none of the contestees is named under Section 232.003.
(c)  The venue of a contest for an office filled by voters of only one county is in that county.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 232 - Contests for Office › Subchapter A. Trial and Disposition of Contest › Section 232.007. Runoff Not Held Until Final Judgment

Sec. 232.007.  RUNOFF NOT HELD UNTIL FINAL JUDGMENT.  (a)  A runoff election for a contested office may not be held until the judgment in the contest becomes final.
(b)  This section does not affect the conduct of a regularly scheduled runoff for another office that was voted on at the same election as the contested office or at an election held jointly with the election in which the contested office was voted on.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 232 - Contests for Office › Subchapter A. Trial and Disposition of Contest › Section 232.008. Filing Period for Petition

Sec. 232.008.  FILING PERIOD FOR PETITION.  (a)  A contestant may not file the petition in an election contest earlier than the day after election day.
(b)  Except as provided by Subsection (c), a contestant must file the petition not later than the later of the 45th day after the date the election records are publicly available under Section 1.012 or the official result of the contested election is determined.
(c)  A contestant must file the petition not later than the later of the 15th day after the date the election records are publicly available under Section 1.012 or the official result is determined in a contest of:
(1)  a primary or runoff primary election; or
(2)  a general or special election for which a runoff is necessary according to the official result or will be necessary if the contestant prevails.
(d)  A contestant must deliver, electronically or otherwise, a copy of the petition to the secretary of state by the same deadline prescribed for the filing of the petition.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 1349, Sec. 69, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2817), Sec. 39, eff. September 1, 2011.
Acts 2019, 86th Leg., R.S., Ch. 1215 (S.B. 902), Sec. 4, eff. September 1, 2019.
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 8.02, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 232 - Contests for Office › Subchapter A. Trial and Disposition of Contest › Section 232.009. Notice of Contest to Canvassing Authority

Sec. 232.009.  NOTICE OF CONTEST TO CANVASSING AUTHORITY.  (a)  After an election contest is filed, the district clerk shall promptly deliver written notice of the filing to the presiding officer of the final canvassing authority for the contested election if the election is:
(1)  a primary election;  or
(2)  a general or special election for which a runoff is necessary in the contested race according to the official result or will be necessary if the contestant prevails.
(b)  The officer receiving notice under Subsection (a) shall deliver written notice to each authority to whom the names of the candidates in the succeeding election are certified for placement on the ballot that the contest has been filed and that the certification is subject to the outcome of the contest.  The officer shall deliver the notice at the same time as the certification or, if the certification is delivered before receipt of notice under Subsection (a), as soon as practicable after certification.
(c)  If the contested election is a general or special election and the officer receiving notice under Subsection (a) is not the authority or presiding officer of the authority that orders the runoff election, the clerk shall deliver written notice of the filing to that authority.
(d)  The contestant in an election contest in which notice under Subsection (a) is required must attach to the petition a statement informing the clerk that the notice is required and containing the name and address of each person to whom the notice is required to be delivered.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 232 - Contests for Office › Subchapter A. Trial and Disposition of Contest › Section 232.010. Filing Period for Answer

Sec. 232.010.  FILING PERIOD FOR ANSWER.  A contestee in a contest of a general or special election must file an answer to the contestant's petition not later than 10 a.m. of the 10th day after the date of service of citation on the contestee or 10 a.m. of the fifth day after the date the official result in the contested race is determined, whichever is later.  The citation must command the contestee to answer by the specified deadline.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 232 - Contests for Office › Subchapter A. Trial and Disposition of Contest › Section 232.011. Return of Unserved Citation

Sec. 232.011.  RETURN OF UNSERVED CITATION.  The citation issued in an election contest must direct the officer receiving the citation to return it unserved if it is not served within 20 days after the date of issuance.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 232 - Contests for Office › Subchapter A. Trial and Disposition of Contest › Section 232.012. Accelerated Procedures for Trial of Certain Contests

Sec. 232.012.  ACCELERATED PROCEDURES FOR TRIAL OF CERTAIN CONTESTS.  (a)  This section applies only to the contest of an election described by Section 232.008(c).
(b)  When the contestant's petition is filed, the district clerk shall immediately notify the district judge of the filing.
(c)  A contestee must file an answer to the contestant's petition not later than 10 a.m. of the fifth day after the date of service of citation on the contestee.  The citation issued for the contestee must command the contestee to answer by the specified deadline and must direct the officer receiving the citation to return it unserved if it is not served within 10 days after the date of issuance.
(d)  After the clerk receives the officer's return showing service of citation, the clerk shall promptly notify the district judge of that fact.  The judge shall set the contest for trial for a date not later than the fifth day after the date by which the contestee must answer.
(e)  The district judge may not grant a continuance in the trial except:
(1)  one time for a period not exceeding 10 days for good cause supported by the affidavit of a party;  or
(2)  with the consent of the parties.
(f)  The district judge may limit amendments to the pleadings of a party after the party announces ready for trial.
(g)  Subsections (e) and (f) do not apply to continuances or amendments to pleadings for the purpose of bringing in a substitute contestee following the death of a contestee.
(h)  This section supersedes other provisions of this subchapter to the extent of any conflict.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 232 - Contests for Office › Subchapter A. Trial and Disposition of Contest › Section 232.013. Rescheduling Runoff for Contested Race

Sec. 232.013.  RESCHEDULING RUNOFF FOR CONTESTED RACE.  (a)  If the final judgment in an election contest necessitates a runoff election in the contested race, the district judge shall set the date for the runoff if the judge determines that lack of time prevents the proper conduct of the runoff on the regularly scheduled date.  The runoff must be held on the same day of the week as the regularly scheduled runoff.
(b)  The date set for the runoff may not provide a longer interval between the court order and the runoff than is required or authorized by law between the main election and a regularly scheduled runoff.  The date may provide a shorter interval, but the interval must make it possible for early voting by personal appearance to begin not later than the 10th day before election day.
(c)  If the runoff is set for a date that shortens the regular period for early voting, the order setting the date of the election must specify the date for beginning early voting by personal appearance.
(d)  If the contested election is a primary, the district clerk shall deliver a certified copy of the order setting the date of the runoff to the state chair of the political party in the case of a statewide or district office or to the county chair in the case of a county or precinct office.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.71;  Acts 1991, 72nd Leg., ch. 554, Sec. 42, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 864, Sec. 230, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 232 - Contests for Office › Subchapter A. Trial and Disposition of Contest › Section 232.014. Accelerated Appeal in Primary Contest

Sec. 232.014.  ACCELERATED APPEAL IN PRIMARY CONTEST.  (a)  This section applies only to the contest of a primary election.
(b)  To be timely, an appellant's bond, affidavit, or cash deposit for costs of appeal must be made not later than the fifth day after the date the district court's judgment in the contest is signed.  If the appellant is not required to give security for the costs of appeal, the notice of appeal must be filed by the same deadline.
(c)  If an appellant files an affidavit of inability to pay costs of appeal, a challenge to the affidavit must be filed not later than the fifth day after the date the affidavit is filed.
(d)  As soon as practicable after an appeal in a contest is perfected, the district judge shall set the deadline for filing the trial court record in the appellate court.  The judge may make any other orders to expedite an appeal that are reasonable and appropriate, including reducing the time normally allowed for filing appellate briefs, subject to review by the appellate court on motion of a party.
(e)  The court of appeals may refuse to permit a motion for rehearing to be filed or may reduce the time for filing the motion.
(f)  The decision of the court of appeals is not reviewable by the supreme court by certified question or any other method.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 232 - Contests for Office › Subchapter A. Trial and Disposition of Contest › Section 232.015. Acceleration of Appeal by Court in Contest of General or Special Election

Sec. 232.015.  ACCELERATION OF APPEAL BY COURT IN CONTEST OF GENERAL OR SPECIAL ELECTION.  (a)  The trial or appellate court may accelerate the appeal in a contest of a general or special election in a manner consistent with the procedures prescribed by Section 232.014.
(b)  Section 232.014(f) does not apply to a contest of a general or special election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 232 - Contests for Office › Subchapter A. Trial and Disposition of Contest › Section 232.016. Appeal Suspends Execution of Judgment

Sec. 232.016.  APPEAL SUSPENDS EXECUTION OF JUDGMENT.  The perfecting of an appeal in an election contest suspends the execution of the district court's judgment pending the disposition of the appeal without the necessity for a supersedeas bond.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 232 - Contests for Office › Subchapter B. Court-Ordered Election Following Judgment of Void Election › Section 232.041. New Election Ordered if Contested Election Void

Sec. 232.041.  NEW ELECTION ORDERED IF CONTESTED ELECTION VOID.  In an election contest in which the contested election is declared void, the court shall include in its judgment an order directing the appropriate authority to order a new election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 232 - Contests for Office › Subchapter B. Court-Ordered Election Following Judgment of Void Election › Section 232.042. Candidates in New Election

Sec. 232.042.  CANDIDATES IN NEW ELECTION.  Except as otherwise provided by this subchapter, the candidates in a new election ordered by a court in an election contest are the same candidates who were in the contested election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 232 - Contests for Office › Subchapter B. Court-Ordered Election Following Judgment of Void Election › Section 232.043. Write-in Votes in New Election

Sec. 232.043.  WRITE-IN VOTES IN NEW ELECTION.  A write-in vote in a new election ordered by a court in an election contest may not be counted unless write-in votes were received by the candidate in the contested election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 232 - Contests for Office › Subchapter B. Court-Ordered Election Following Judgment of Void Election › Section 232.044. Withdrawal in New Election

Sec. 232.044.  WITHDRAWAL IN NEW ELECTION.  The provisions of this code governing withdrawal of candidates in the contested election apply to the new election ordered by a court in an election contest, except that:
(1)  the district court shall set the deadline for withdrawal from the new election;  and
(2)  a political party's executive committee may not make a replacement nomination if the party's nominee withdraws from the new election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 232 - Contests for Office › Subchapter B. Court-Ordered Election Following Judgment of Void Election › Section 232.045. Death or Ineligibility of Candidate in New Election

Sec. 232.045.  DEATH OR INELIGIBILITY OF CANDIDATE IN NEW ELECTION.  (a)  If a candidate in a new election ordered by a court in an election contest dies or is declared ineligible before the date on which the district court sets the date for the new election, the candidate's name may not be placed on the ballot for the new election.
(b)  If a candidate in the new election dies or is declared ineligible on or after the date on which the district court sets the date for the new election, the candidate's name shall be placed on the ballot, and votes for the candidate shall be given the same effect as votes for a deceased or ineligible candidate whose name appears on the ballot for a regularly held election for the contested office.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 232 - Contests for Office › Subchapter B. Court-Ordered Election Following Judgment of Void Election › Section 232.046. Replacement Party Candidates in New Election: General Election for State and County Officers

Sec. 232.046.  REPLACEMENT PARTY CANDIDATES IN NEW ELECTION:  GENERAL ELECTION FOR STATE AND COUNTY OFFICERS.  (a)  If a candidate who was the nominee of a political party in a new election ordered by a court in an election contest in which the contested office was to have been filled at the general election for state and county officers dies or is declared ineligible before the date on which the district court sets the date for the new election, the appropriate party executive committee may name a replacement nominee in the same manner as the committee fills a vacancy in a nomination in a regularly held election, except that the district court shall set the deadline for certifying the name of the replacement nominee for placement on the ballot.
(b)  The district court may not set the certification deadline for a date earlier than the fifth day after the date on which the court sets the date for the new election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 232 - Contests for Office › Subchapter B. Court-Ordered Election Following Judgment of Void Election › Section 232.047. Replacement of Partisan Nominee in City Election

Sec. 232.047.  REPLACEMENT OF PARTISAN NOMINEE IN CITY ELECTION.  (a)  If a candidate who is a nominee of a political organization in a new election ordered by a court in an election contest involving a city office for which partisan nominations are permitted dies or is declared ineligible before the date on which the district court sets the date for the new election, the candidate may be replaced only by a replacement nominee named in the manner prescribed by:
(1)  a charter provision or ordinance of the city for filling a vacancy in a partisan nomination;  or
(2)  the district court if there is no charter provision or ordinance.
(b)  The district court shall set the deadline for certifying the name of the replacement nominee for placement on the ballot.  The deadline may not be earlier than the fifth day after the date the court sets the date for the new election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 232 - Contests for Office › Subchapter B. Court-Ordered Election Following Judgment of Void Election › Section 232.048. Runoff Following New Election

Sec. 232.048.  RUNOFF FOLLOWING NEW ELECTION.  (a)  If no candidate receives a majority vote in a new election ordered by a court in the contest of an election in which a majority vote is required, a runoff election shall be held:
(1)  for a primary election contest, on the date set by the district court in which the contest was heard, except as provided by Subsection (c);  or
(2)  for a contest of a general or special election, on the date set by the authority responsible for ordering the runoff election.
(b)  Sections 232.013(b), (c), and (d) apply to an election ordered under Subsection (a) of this section.
(c)  The candidate receiving the most votes in a new election ordered by a court in a primary election contest is the political party's nominee, regardless of whether the candidate receives a majority vote, if the date of the final canvass of the court-ordered primary is on or after:
(1)  the 85th day before the date of the succeeding general election in the case of a statewide or district office;  or
(2)  the 75th day before the date of the succeeding general election in the case of a county or precinct office.
(d)  The district court for an election contest has the same supervisory power over a runoff of the court-ordered election as the court has over the court-ordered election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 232 - Contests for Office › Subchapter B. Court-Ordered Election Following Judgment of Void Election › Section 232.049. Second Runoff Following Contest of Runoff

Sec. 232.049.  SECOND RUNOFF FOLLOWING CONTEST OF RUNOFF.  If in a new election ordered by a court in a contest of a runoff election there are more than two candidates and no candidate receives a majority vote, another runoff to determine the nomination or election to the contested office shall be ordered in accordance with Section 232.048, except as otherwise provided by that section.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 232 - Contests for Office › Subchapter B. Court-Ordered Election Following Judgment of Void Election › Section 232.050. Ballot Form and Order of Names on Ballot

Sec. 232.050.  BALLOT FORM AND ORDER OF NAMES ON BALLOT.  (a)  Except as otherwise provided by this section, the provisions of this code regulating ballot form and preparation apply to the ballot for a new election ordered by a court in an election contest.
(b)  The district court hearing an election contest shall prescribe the heading of the official ballot to be used in the new election.
(c)  In a new election in which party nominees appear on the ballot, the candidates may be listed on the ballot in the regularly prescribed manner or by office title with each candidate's party alignment shown by printing the candidate's political party next to the candidate's name.
(d)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 404 (H.B. 25), Sec. 8, eff. September 1, 2020.
(e)  The provisions of this code applicable to determining the order in which candidates' names appear on the ballot apply to the new election, except that the district court may authorize a shorter period of notice of the drawing for candidates' ballot positions.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 404 (H.B. 25), Sec. 8, eff. September 1, 2020.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 233 - Contest on Measure › Section 233.001. Applicability of Chapter

Sec. 233.001.  APPLICABILITY OF CHAPTER.  This chapter applies to a contest of an election on a measure.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 233 - Contest on Measure › Section 233.002. Contestant

Sec. 233.002.  CONTESTANT.  One or more qualified voters of the territory covered by an election on a measure may contest the election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 233 - Contest on Measure › Section 233.003. Contestee

Sec. 233.003.  CONTESTEE.  (a)  The contestee must be at least one of the following:
(1)  the presiding officer of the final canvassing authority for the contested election;
(2)  the presiding officer of the authority that ordered the contested election or the ordering authority, if ordered by an individual;  or
(3)  if the person specified by Subdivision (1) or (2) is incapacitated or cannot act for any other reason, another member of the specified authority.
(b)  The secretary of state must be a contestee in a contest of an election on a proposed constitutional amendment or any other statewide measure submitted by the legislature.
(c)  The costs of an election contest may not be assessed against a contestee specified by this section or against the governmental or political entity the contestee represents.
(d)  A contestee specified by this section may not be required to give bond on appeal.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 233 - Contest on Measure › Section 233.004. Intervention

Sec. 233.004.  INTERVENTION.  (a)  The court may permit one or more qualified voters of the territory covered by the contested election to intervene as contestants or contestees.
(b)  The court shall determine the extent to which each intervenor may participate in the contest as the ends of justice and orderly procedure require.  However, the court must permit at least one intervention on the side of the contestee, if requested to do so, and must permit the intervening contestee to participate fully in the conduct of the contest.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 233 - Contest on Measure › Section 233.005. Venue

Sec. 233.005.  VENUE.  The venue of an election contest is:
(1)  in Travis County if the contested election is statewide;  or
(2)  in any county wholly or partly in the territory covered by the contested election if the election is less than statewide.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 233 - Contest on Measure › Section 233.006. Filing Period for Petition

Sec. 233.006.  FILING PERIOD FOR PETITION.  (a)  The contestant may not file the petition in the contest earlier than the day after election day.
(b)  Except as provided by Section 233.014, the contestant must file the petition not later than the later of the 30th day after the date the election records are publicly available under Section 1.012 or the official result of the contested election is determined.
(c)  The contestant must deliver a copy of the petition to the secretary of state by the same deadline prescribed for the filing of the petition.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 1349, Sec. 70, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1215 (S.B. 902), Sec. 5, eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 233 - Contest on Measure › Section 233.007. Filing Period for Answer

Sec. 233.007.  FILING PERIOD FOR ANSWER.  (a)  A contestee must file an answer to the contestant's petition not later than:
(1)  10 a.m. of the 10th day after the date of service of citation on the contestee or 10 a.m. of the fifth day after the date the official result of the contested election is determined, whichever is later, if the contested election is less than statewide;  or
(2)  10 a.m. of the 20th day after the date of service of citation, if the contested election is statewide.
(b)  The citation must command the contestee to answer by the specified deadline.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 233 - Contest on Measure › Section 233.008. Return of Unserved Citation

Sec. 233.008.  RETURN OF UNSERVED CITATION.  The citation issued in an election contest must direct the officer receiving the citation to return it unserved if it is not served within 20 days after the date of issuance.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 233 - Contest on Measure › Section 233.009. Notice of Filing and Outcome of Contest to Authority Receiving Election Certification

Sec. 233.009.  NOTICE OF FILING AND OUTCOME OF CONTEST TO AUTHORITY RECEIVING ELECTION CERTIFICATION.  If the result of a contested election is required to be certified to an authority other than the authority that ordered the election, the authority responsible for delivering the certification shall:
(1)  include with the certification written notice of the filing of the contest or, if the contest is filed after the certification is delivered, deliver the notice promptly after the contest is filed;  and
(2)  deliver to the authority receiving the certification written notice of the outcome of the contest promptly after the judgment becomes final.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 233 - Contest on Measure › Section 233.010. Effect of Contest on Implementation of Adopted Measure

Sec. 233.010.  EFFECT OF CONTEST ON IMPLEMENTATION OF ADOPTED MEASURE.  (a)  The filing of an election contest does not suspend implementation of a contested measure that is shown by the officially determined result to have been adopted, except that in the application of equitable principles, the court in which an election contest is filed may suspend implementation of the contested measure pending outcome of the contest.
(b)  Another law that provides that implementation may or may not be suspended supersedes this section.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 233 - Contest on Measure › Section 233.011. New Election Ordered if Contested Election Void

Sec. 233.011.  NEW ELECTION ORDERED IF CONTESTED ELECTION VOID.  The court may not order a new election to be held if the contested election is declared void, except that the court shall include in its judgment an order directing the appropriate authority to order a new election if the authority that ordered the contested election was required by law to order it pursuant to a petition requesting the election or requesting other action making the holding of the election necessary.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 233 - Contest on Measure › Section 233.012. Effect of Void Election

Sec. 233.012.  EFFECT OF VOID ELECTION.  (a)  The effect of a void election with respect to a restriction on the authority to order another election or on the time interval between elections of the same or similar nature is the same as if the election had not been held.
(b)  If the authorization for ordering the election that was declared void was conditioned on its being ordered or held before a specified date and that condition was satisfied with respect to the void election, the condition is also satisfied if another election is ordered for a date not later than the 120th day after the date the judgment declaring the contested election void becomes final or the first day on which the election may lawfully be held, whichever is later.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 233 - Contest on Measure › Section 233.013. Consolidation of Contest

Sec. 233.013.  CONSOLIDATION OF CONTEST.  If more than one election contest involving the same measure is filed, the actions shall be consolidated.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 233 - Contest on Measure › Section 233.014. Special Procedures for Contest of Constitutional Amendment Election

Sec. 233.014.  SPECIAL PROCEDURES FOR CONTEST OF CONSTITUTIONAL AMENDMENT ELECTION.  (a)  This section applies only to a contest of an election on a proposed constitutional amendment.
(b)  The contestant's petition must be filed and service of citation on the secretary of state must be obtained before the final official canvass is completed.
(c)  The declaration of the official result of a contested election may not be made until the contest is finally determined.  The secretary of state shall tabulate the county returns and the governor shall announce the final vote count, as ascertained from the returns, in a written document.  The document announcing the final vote count must state that a contest of the election has been filed and that the declaration of the official result will not be made until the contest is finally determined.
(d)  The trial date may not be earlier than the 45th day after the date of the contested election nor later than the 180th day after the date of the contested election.  The trial date may be earlier than the 45th day after the date of the contested election at the request of the contestant.
(e)  If an amended petition alleging additional grounds of contest is filed, the contest may not be called for trial earlier than the 20th day after the date the amended petition is filed unless the secretary of state agrees to calling the contest for trial at an earlier date.
(f)  The court shall include in its judgment in a contest an order directing the governor to declare the official result of the election or to declare the election void, as appropriate, not later than the 10th day after the date the judgment becomes final.
(g)  Any question relating to the validity or outcome of a constitutional amendment election may be raised in an election contest.  A contest is the exclusive method for adjudicating such questions.
(h)  If a contestant files an appeal of the contest, the appellate court must ensure that the action is brought to final disposition not later than the 180th day after the date the judgment becomes final.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 163, Sec. 9, eff. Sept. 1, 1989.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 280 (S.B. 1054), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 241 - Contest for State Senator or Representative › Section 241.001. Applicability of Chapter

Sec. 241.001.  APPLICABILITY OF CHAPTER.  This chapter applies to a contest of a general or special election for the office of state senator or state representative.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 241 - Contest for State Senator or Representative › Section 241.002. Parties

Sec. 241.002.  PARTIES.  The provisions of this title relating to who may be or is required to be a party in an election contest in the district court apply to a contest under this chapter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 241 - Contest for State Senator or Representative › Section 241.003. Petition

Sec. 241.003.  PETITION.  (a)  The contestant must state the grounds for the contest in a petition in the same manner as a petition in an election contest in the district court.
(b)  The contestant must file the petition with the secretary of state not later than the later of the seventh day after the date the election records are publicly available under Section 1.012 or the official result of the contested election is determined.  The contestant must deliver a copy of the petition to the contestee by the same deadline.
(c)  The contestant may not file the petition with the secretary of state or deliver the copy to the contestee before the day after the date of the contested election.
(d)  Section 1.006 does not apply to this section.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 759, Sec. 6, eff. Sept. 1, 1993.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1215 (S.B. 902), Sec. 6, eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 241 - Contest for State Senator or Representative › Section 241.004. Answer

Sec. 241.004.  ANSWER.  (a)  The contestee must reply to the contestant's petition in an answer in the same manner as an answer to a petition in an election contest in the district court.
(b)  The contestee must file the answer with the secretary of state not later than the seventh day after the date the contestee receives the copy of the petition.  The contestee must deliver a copy of the answer to the contestant by the same deadline.
(c)  Section 1.006 does not apply to this section.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 759, Sec. 7, eff. Sept. 1, 1993.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 241 - Contest for State Senator or Representative › Section 241.005. Method of Delivering Contest Papers to Parties

Sec. 241.005.  METHOD OF DELIVERING CONTEST PAPERS TO PARTIES.  (a)  The copies of the petition and answer must be delivered to the parties by:
(1)  personal delivery;  or
(2)  registered or certified mail, return receipt requested.
(b)  Any adult resident of the state may perform the personal delivery.  If the party to whom delivery is intended cannot be found in the party's county of residence, the delivery may be completed by leaving the document at the party's usual place of abode or business with a person who is 16 years of age or older.
(c)  Personal delivery of a copy of an answer is sufficient if it is delivered to the contestant's attorney of record or left at the attorney's regular office with a person who is 16 years of age or older.
(d)  A copy of a petition delivered by mail must be marked for restricted delivery to the addressee only.  The delivery is sufficient if the copy is mailed to the contestee's regular residence or business address.
(e)  If the contestant's petition states an address to which the copy of the answer is to be delivered, a copy delivered by mail must be mailed to that address.  Otherwise, delivery of a copy of an answer by mail is sufficient if the copy is mailed to the contestant at the contestant's regular residence or business address or to the contestant's attorney of record at the attorney's regular business address.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 241 - Contest for State Senator or Representative › Section 241.006. Delivery of Contest Papers to Presiding Officer

Sec. 241.006.  DELIVERY OF CONTEST PAPERS TO PRESIDING OFFICER.  (a)  On receipt of a petition or answer, the secretary of state shall enter the date of filing on the document.  If the document is filed by mail, the secretary shall attach to the document the envelope in which it was mailed.
(b)  The secretary of state shall deliver a petition to the president of the senate or the speaker of the house of representatives, as appropriate, as soon as possible but not later than the day after the date the petition is received.  The secretary shall deliver an answer to the appropriate presiding officer as soon as possible but not later than the day after the date of its receipt.
(c)  The secretary of state shall deliver with the petition the secretary's certified statement of the total votes cast for each candidate for the office as shown by the final canvass.  If the final canvass has not been completed, the statement shall be delivered as soon as practicable thereafter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 759, Sec. 8, eff. Sept. 1, 1993.