CHAPTER 203. VACANCY IN LEGISLATURE
ELECTION CODE
TITLE 12. ELECTIONS TO FILL VACANCY IN OFFICE
CHAPTER 203. VACANCY IN LEGISLATURE
Sec. 203.001. APPLICABILITY OF CHAPTER. This chapter applies to
the offices of state senator and state representative.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 203.002. VACANCY FILLED AT SPECIAL ELECTION. An unexpired
term in office may be filled only by a special election in
accordance with this chapter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 203.003. MAJORITY VOTE REQUIRED. To be elected in a
special election for an unexpired term, a candidate must receive
a majority of the total number of votes received by all
candidates for the unexpired term.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 203.004. DATE OF ELECTION. (a) Except as provided by
Subsection (b), a special election shall be held on the first
uniform election date occurring on or after the 36th day after
the date the election is ordered.
(b) If the election is to be held as an emergency election, it
shall be held on a Tuesday or Saturday occurring on or after the
36th day and before the 50th day after the date the election is
ordered.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 389, Sec. 5, eff. Sept. 1, 1991.
Sec. 203.005. APPLICATION REQUIRED. (a) To be entitled to a
place on a special election ballot, a candidate must make an
application for a place on the ballot.
(b) An application must, in addition to complying with Section
141.031:
(1) state the political party with which the candidate is
aligned or, if the candidate is not aligned with a party, state
that fact; and
(2) be accompanied by:
(A) a filing fee in the amount prescribed by Section 172.024 for
a candidate for nomination for the same office in a general
primary election; or
(B) a petition that satisfies the requirements prescribed by
Section 141.062.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 203.006. APPLICATION FILED WITH SECRETARY OF STATE. An
application for a place on a special election ballot must be
filed with the secretary of state.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 203.007. NUMBER OF PETITION SIGNATURES REQUIRED. The
minimum number of signatures that must appear on the petition
authorized by Section 203.005(b)(2)(B) is 500.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 203.008. CIRCULATION OF PETITION. A petition authorized by
Section 203.005(b)(2)(B) may not be circulated before the day
after the date the vacancy occurs.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 203.009. CERTIFICATION OF CANDIDATES FOR PLACEMENT ON
BALLOT. (a) Except as provided by Subsection (c), the secretary
of state shall certify in writing for placement on the special
election ballot the name of each candidate who files with the
secretary an application that complies with Section 203.005(b).
(b) As soon as practicable after the deadline for filing
applications, the secretary of state shall deliver the
certification to the authority responsible for having the
official special election ballot prepared in each county in which
the special election is to be held.
(c) A candidate's name may not be certified if, before
delivering the certification, the secretary of state learns that
the name is to be omitted from the ballot under Section 145.094.
(d) This section does not apply to the certification of
candidates for a runoff election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 203.010. TIME FOR CERTIFICATION OF RUNOFF CANDIDATES. The
certification of the names of the runoff candidates for placement
on a runoff ballot shall be delivered not later than the fifth
day after the date the final canvass is completed.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 203.011. PARTY ALIGNMENT ON BALLOT. The party alignment of
each candidate shall be printed on the official ballot next to
the candidate's name.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 203.012. TIME OF CANVASS. (a) The commissioners court
shall convene to conduct the local canvass not later than the
10th day after election day.
(b) The governor shall conduct the state canvass not later than
the 14th day after election day.
(c) The secretary of state shall post, on the bulletin board
used for posting notice of meetings of state governmental bodies,
a notice of the date, hour, and place of the canvass at least 24
hours before the canvass is conducted.
(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 1987, 70th Leg., ch. 472, Sec. 50, eff. Sept. 1, 1987;
Acts 1989, 71st Leg., ch. 163, Sec. 5, eff. Sept. 1, 1989; Acts
1993, 73rd Leg., ch. 728, Sec. 73, eff. Sept. 1, 1993; Acts 2003,
78th Leg., ch. 1315, Sec. 53, eff. Jan. 1, 2004.
Sec. 203.013. EXPEDITED ELECTION. (a) This section applies to
a special election to fill an unexpired term if a vacancy occurs:
(1) during a regular session of the legislature and more than 25
days before the last possible day of the session; or
(2) during the 60 days immediately prior to the date of
convening any session of the legislature.
(b) This section supersedes other provisions of this title to
the extent of any conflict.
(c) The election must be held on a Tuesday or Saturday occurring
not earlier than the 21st day or later than the 45th day after
the date the election is ordered.
(d) If the election is to be held before the 36th day after the
date the election is ordered, the governor shall set the deadline
for filing candidates' applications for a place on the ballot,
which must be 5 p.m. of a day not earlier than the fifth day
after the date of the order and not later than the 16th day
before election day.
(e) If a runoff election is necessary, it must be held on a
Tuesday or Saturday occurring not earlier than the 12th day or
later than the 25th day after the date the election is ordered.
(f) If a runoff election is to be held before the 21st day after
the date the election is ordered, an election notice given by
posting shall be posted not later than the seventh day after the
date of the order.
(g) If a runoff election is to be held before the 16th day after
the date the election is ordered, an election notice given by
publication shall be published not later than the third day
before election day.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 203.014. DISPOSITION OF FILING FEES. The secretary of
state shall deposit the filing fees received under Section
203.005 in a suspense account with the comptroller until after
election day. The funds remaining in the account after any
refunds are made shall be deposited to the credit of the General
Revenue Fund.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 1423, Sec. 6.02, eff. Sept. 1, 1997.