2023 Texas Statutes › Election Code › Title 1 - Introductory Provisions › Chapter 2 - Vote Required for Election to Office › Subchapter A. Election by Plurality › Section 2.002. Tie Vote

Sec. 2.002.  TIE VOTE.  (a)  Except as provided by Subsection (f), (g), or (i), in an election requiring a plurality vote, if two or more candidates for the same office tie for the number of votes required to be elected, a second election to fill the office shall be held.
(b)  Not later than the fifth day after the date the automatic recount required by Subsection (i) is completed or the final canvass following the automatic recount is completed, if applicable, the authority responsible for ordering the first election shall order the second election.  The second election shall be held not earlier than the 20th day or later than the 45th day after the date the automatic recount required by Subsection (i) is completed or the final canvass following the automatic recount is completed, if applicable.
(c)  The names of the tying candidates only shall be printed on the ballot for the second election.  Write-in votes are not permitted.  If either of the candidates is a party nominee, the title of the office shall be listed on the ballot in a vertical column with the name of each candidate listed below the office title with each candidate's political party alignment next to the name.
(d)  The order of the candidates' names on the ballot shall be the relative order of names on the original ballot.
(e)  Notice of the second election shall be given in accordance with Chapter 4 except that a notice under Section 4.003(a)(2) or (b) must be posted not later than the 15th day before election day.
(f)  The tying candidates may agree to cast lots to resolve the tie.  The agreement must be filed with the authority responsible for ordering the election.  That authority or, if the authority is a body, the body's presiding officer, shall supervise the casting of lots.
(g)  A tying candidate may resolve the tie by filing with the authority described by Subsection (f) a written statement of withdrawal signed and acknowledged by the candidate.  On receipt of the statement of withdrawal, the remaining candidate is the winner, and a second election or casting of lots is not held.
(h)  This section does not apply to elective offices of the executive department specified by Article IV, Section 1, of the Texas Constitution.
(i)  If the tie vote is not resolved under Subsection (f) or (g), an automatic recount shall be conducted in accordance with Chapter 216 before the second election is held.  If the recount resolves the tie, the second election is not held.
(j)  If the recount does not resolve the tie, the tied candidates may:
(1)  cast lots not later than the day before the date the authority must order the second election under Subsection (b); or
(2)  withdraw from the election not later than 5 p.m. of the day after the date the automatic recount is held.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 1349, Sec. 1, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 851, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 708 (H.B. 88), Sec. 1, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 2, eff. September 1, 2021.