CHAPTER 201. DETERMINATION OF AND ELECTION TO FILL VACANCY
ELECTION CODE
TITLE 12. ELECTIONS TO FILL VACANCY IN OFFICE
CHAPTER 201. DETERMINATION OF AND ELECTION TO FILL VACANCY
SUBCHAPTER A. RESIGNING OR DECLINING OFFICE
Sec. 201.001. RESIGNING OR DECLINING OFFICE. (a) To be
effective, a public officer's resignation or an officer-elect's
declination must be in writing and signed by the officer or
officer-elect and delivered to the appropriate authority for
acting on the resignation or declination. The authority may not
refuse to accept a resignation.
(b) If the authority to act on a resignation or declination is a
body, the resignation or declination may be delivered to the
presiding officer of the body or to its clerk or secretary.
(c) An officer-elect who intends to qualify for the office but
desires to resign at a subsequent date may submit a resignation
in the same manner as an officer who has assumed office, and the
vacancy may be filled in the same manner as if the resignation
had been submitted after the officer-elect assumed office.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1989, 71st Leg., ch. 1187, Sec. 1, eff. Sept. 1, 1989.
Sec. 201.002. AUTHORITY TO ACT ON RESIGNATION OR DECLINATION.
Unless otherwise provided by law, the authority to act on a
public officer's resignation or an officer-elect's declination is
the officer or body authorized to make an appointment or order a
special election to fill a vacancy in the office.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
SUBCHAPTER B. TIME VACANCY OCCURS
Sec. 201.021. TIME VACANCY OCCURS GENERALLY. For purposes of
this title, a vacancy in office occurs at the time prescribed by
this subchapter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 201.022. DEATH. If an officer or officer-elect dies, a
vacancy occurs on the date of death.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 201.023. RESIGNATION. If an officer submits a resignation,
whether to be effective immediately or at a future date, a
vacancy occurs on the date the resignation is accepted by the
appropriate authority or on the eighth day after the date of its
receipt by the authority, whichever is earlier.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1989, 71st Leg., ch. 1187, Sec. 2, eff. Sept. 1, 1989.
Sec. 201.024. REMOVAL. If an officer is removed from office by
a court or other tribunal, a vacancy occurs on the date the
judgment becomes final.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 201.025. ACCEPTANCE OF ANOTHER OFFICE. If an officer
accepts another office and the two offices may not lawfully be
held simultaneously, a vacancy in the first office occurs on the
date the person qualifies for the other office.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 201.026. DECLARATION OF INELIGIBILITY. (a) If an officer
or officer-elect is declared ineligible to hold the office by a
judgment of a court or other tribunal, a vacancy occurs on the
date the judgment becomes final.
(b) If an officer or officer-elect is declared ineligible to
hold the office by an administrative authority, a vacancy occurs
on the date the declaration is made.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 201.027. NEW OFFICE. If a new office is created, a vacancy
occurs on the effective date of the Act of the legislature
creating the office or on the date the order creating the office
is adopted.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1993, 73rd Leg., ch. 728, Sec. 71, eff. Sept. 1, 1993.
Sec. 201.028. DECEASED OR INELIGIBLE CANDIDATE RECEIVING VOTE
REQUIRED FOR ELECTION. If a deceased or ineligible candidate
receives the vote required for election to an office, a vacancy
occurs on the date the final canvass of the election is
completed.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 201.029. DECLINATION OF OFFICER-ELECT. If an officer-elect
declines to qualify for the office before assuming office for the
term for which elected, a vacancy in the term occurs on the date
the declination is delivered to the appropriate authority.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
SUBCHAPTER C. SPECIAL ELECTION TO FILL VACANCY GENERALLY
Sec. 201.051. TIME FOR ORDERING ELECTION. (a) If a vacancy in
office is to be filled by special election, the election shall be
ordered as soon as practicable after the vacancy occurs, subject
to Subsection (b).
(b) For a vacancy to be filled by a special election to be held
on the date of the general election for state and county
officers, the election shall be ordered not later than the 70th
day before election day.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2005, 79th Leg., Ch.
1109, Sec. 26, eff. September 1, 2005.
Sec. 201.052. DATE OF ELECTION. (a) Except as otherwise
provided by this code, a special election to fill a vacancy shall
be held on the first authorized uniform election date occurring
on or after the 30th day after the date the election is ordered.
(b) If a law outside this code authorizes the holding of the
election on a date earlier than the 30th day after the date of
the order, the election shall be held on the first authorized
uniform election date occurring on or after the earliest date
that the election could be held under that law.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 201.053. UNEXPIRED TERM AND FULL TERM FILLED
SIMULTANEOUSLY. (a) If, after the general election for an
office for which a vacancy is filled by special election but
before the succeeding full term begins, a vacancy occurs in both
the unexpired portion of the current term and in the succeeding
full term that was filled at the general election, the special
election shall be ordered to fill only the full term.
(b) If any portion of the unexpired current term remains after
the date the final canvass of the special election for the full
term is completed, the person elected to the full term, if
eligible to hold the unexpired current term, is considered to be
elected to the remainder of the unexpired current term also and
is entitled to qualify and assume office for the unexpired
current term and the succeeding full term immediately on
receiving a certificate of election. The certificate must recite
that it is for both the unexpired current term and the full term.
(c) After qualifying for the unexpired current term, the person
is not required to qualify again for the full term. If a bond is
required, the amount of the bond for the unexpired current term
and the full term is the same as for the full term.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Renumbered from Election Code Sec. 201.054 by Acts 1991, 72nd
Leg., ch. 389, Sec. 4, eff. Sept. 1, 1991.
Sec. 201.054. FILING PERIOD FOR APPLICATION FOR PLACE ON BALLOT.
(a) Except as provided by Subsection (f), a candidate's
application for a place on a special election ballot must be
filed not later than:
(1) 5 p.m. of the 62nd day before election day, if election day
is on or after the 70th day after the date the election is
ordered;
(2) 5 p.m. of the 31st day before election day, if election day
is on or after the 36th day and before the 70th day after the
date the election is ordered; or
(3) 5 p.m. of a day fixed by the authority ordering the
election, which day must be not earlier than the fifth day after
the date the election is ordered and not later than the 20th day
before election day, if election day is before the 36th day after
the date the election is ordered.
(b) If a special election is to be held as an emergency election
and a law outside this code prescribes a filing deadline, that
deadline applies.
(c) The election order must state the filing deadline.
(d) An application may not be filed before the election is
ordered.
(e) An application filed by mail is considered to be filed at
the time of its receipt by the appropriate authority.
(f) For a special election to be held on the date of the general
election for state and county officers, the day of the filing
deadline is the 67th day before election day.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Renumbered from Election Code Sec. 201.055 by Acts 1991, 72nd
Leg., ch. 389, Sec. 4, eff. Sept. 1, 1991.
Amended by:
Acts 2005, 79th Leg., Ch.
1109, Sec. 27, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch.
1235, Sec. 19, eff. September 1, 2009.