CHAPTER 221. GENERAL PROVISIONS
ELECTION CODE
TITLE 14. ELECTION CONTESTS
SUBTITLE A. INTRODUCTORY PROVISIONS
CHAPTER 221. GENERAL PROVISIONS
Sec. 221.001. APPLICABILITY OF TITLE. This title does not apply
to:
(1) a general or special election for the office of United
States senator or United States representative;
(2) an election on a measure that is for advisory purposes only;
or
(3) a presidential primary election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 35, eff. Sept. 1,
1987.
Sec. 221.002. JURISDICTION. (a) Except as otherwise provided
by this section, the district court has exclusive original
jurisdiction of an election contest.
(b) The senate and the house of representatives, in joint
session, have exclusive jurisdiction of a contest of a general
election for governor, lieutenant governor, comptroller of public
accounts, commissioner of the general land office, or attorney
general.
(c) The senate has exclusive jurisdiction of a contest of a
general or special election for state senator.
(d) The house of representatives has exclusive jurisdiction of a
contest of a general or special election for state
representative.
(e) The governor has exclusive jurisdiction of a contest of the
election of presidential electors.
(f) The court of appeals has appellate jurisdiction of contests
originating in the district court.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1989, 71st Leg., ch. 163, Sec. 8, eff. Sept. 1, 1989;
Acts 1997, 75th Leg., ch.1423, Sec. 6.04, eff. Sept. 1, 1997.
Sec. 221.003. SCOPE OF INQUIRY. (a) The tribunal hearing an
election contest shall attempt to ascertain whether the outcome
of the contested election, as shown by the final canvass, is not
the true outcome because:
(1) illegal votes were counted; or
(2) an election officer or other person officially involved in
the administration of the election:
(A) prevented eligible voters from voting;
(B) failed to count legal votes; or
(C) engaged in other fraud or illegal conduct or made a mistake.
(b) In this title, "illegal vote" means a vote that is not
legally countable.
(c) This section does not limit a provision of this code or
another statute expanding the scope of inquiry in an election
contest.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 221.004. DEFAULT JUDGMENT NOT ALLOWED. A default judgment
may not be rendered in an election contest.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 221.005. DATE OF DETERMINATION OF OFFICIAL RESULT OF
ELECTION. Except as provided by Section 242.003, in this title
the date the official result of an election is determined is the
date the final canvassing authority for the election completes
its canvass for the office or measure involved in the contest. If
a new canvass is conducted following a recount, the date of the
official result is the date the authority completes its canvass
on the basis of the recount.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1989, 71st Leg., ch. 2, Sec. 7.13, eff. Aug. 28, 1989.
Sec. 221.006. EFFECT OF CONTEST ON CANVASS. Except as otherwise
provided by this title, the filing of an election contest before
the canvass of the contested election is completed does not
affect the canvassing process, and the result of the election
shall be determined and certified as if the contest had not been
filed.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 221.007. CONTESTEE IN CONTEST FILED BEFORE FINAL CANVASS.
(a) If a contest is filed before the official result of the
contested election is determined, the contestant may name as
contestee the person shown by the election returns at the time of
filing to be the appropriate contestee as determined under
Subtitle B or C.
(b) If the final canvass reveals that a necessary contestee as
determined under Subtitle B or C has not been named, the
contestant must name that contestee within the time limit
prescribed for filing the petition. Action taken before the
necessary contestee is named shall be set aside if it denies to
the contestee any right to which a contestee is entitled.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 221.008. EXAMINATION OF SECURED BALLOTS AND EQUIPMENT. A
tribunal hearing an election contest may cause secured ballot
boxes, voting machines, or other equipment used in the election
to be unsecured to determine the correct vote count or any other
fact that the tribunal considers pertinent to a fair and just
disposition of the contest.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 1078, Sec. 21, eff. Sept. 1, 1997;
Acts 2003, 78th Leg., ch. 1315, Sec. 55, eff. Jan. 1, 2004.
Amended by:
Acts 2005, 79th Leg., Ch.
1107, Sec. 2.17, eff. January 1, 2006.
Sec. 221.009. COMPELLING VOTER TO REVEAL VOTE. (a) A voter who
cast an illegal vote may be compelled, after the illegality has
been established to the satisfaction of the tribunal hearing the
contest, to disclose the name of the candidate for whom the voter
voted or how the voter voted on a measure if the issue is
relevant to the election contest.
(b) If the number of illegal votes is equal to or greater than
the number of votes necessary to change the outcome of an
election, the tribunal may declare the election void without
attempting to determine how individual voters voted.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 864, Sec. 228, eff. Sept. 1, 1997.
Sec. 221.010. SECONDARY EVIDENCE FOR UNAVAILABLE BALLOTS. If an
examination of ballots is needed in an election contest and the
ballots are lost, destroyed, or otherwise beyond the reach of the
tribunal, the voters who cast the ballots may testify as to how
they voted.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 221.011. ILLEGAL VOTES SUBTRACTED. (a) If the tribunal
hearing an election contest can ascertain the candidate or side
of a measure for which an illegal vote was cast, the tribunal
shall subtract the vote from the official total for the candidate
or side of the measure, as applicable.
(b) If the tribunal finds that illegal votes were cast but
cannot ascertain how the voters voted, the tribunal shall
consider those votes in making its judgment.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 221.012. TRIBUNAL'S ACTION ON CONTEST. (a) If the
tribunal hearing an election contest can ascertain the true
outcome of the election, the tribunal shall declare the outcome.
(b) The tribunal shall declare the election void if it cannot
ascertain the true outcome of the election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 221.013. COSTS OF CONTEST WHEN ELECTION DECLARED VOID. (a)
If a contested election is declared void, the tribunal shall
assess the costs of the contest equally against the contestant
and the contestee unless the tribunal, for good cause stated in
the order assessing the costs, determines that they should be
assessed otherwise.
(b) Subsection (a) does not authorize assessment of costs
against a contestee who is exempt from payment of costs by this
title.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 221.014. EXPENSES OF NEW ELECTION ORDERED IN ELECTION
CONTEST. (a) Except as provided by Subsections (b) and (c), the
expenses of a new election ordered by a tribunal in an election
contest are paid from the same fund and by the same authority
that paid the expenses of the contested election.
(b) The county shall pay the expenses of a new election ordered
in the contest of a local option election that was financed from
money deposited by the applicants for the petition requesting the
election.
(c) In any other case in which petitioners for a contested
election were required to make a deposit to be used,
conditionally or unconditionally, for paying the election
expenses, the district court shall determine the allocation of
the expenses of the contested election and new election.
(d) The secretary of state shall prescribe procedures for
payment of the expenses of a court-ordered primary election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1235, Sec. 23, eff. September 1, 2009.
Sec. 221.015. RIGHT TO OCCUPY OFFICE INVOLVED IN CONTEST. (a)
If the official result of a contested election shows that the
contestee won, on qualifying as provided by law the contestee is
entitled to occupy the office after the beginning of the term for
which the election was held, pending the determination of the
contest. If the final judgment does not change the official
result, the contestee is entitled to continue in office without
again qualifying for the office.
(b) If a final judgment declaring the contestant elected is
rendered after the beginning of the term for which the contested
election was held, on qualifying as provided by law the
contestant shall assume office as soon as practicable after the
judgment becomes final.
(c) A contestee occupying the office is entitled to the
emoluments of the office that accrue during the period of
occupancy. A contestant who gains the office is not entitled to
emoluments for any period before the contestant assumes office.
(d) If the final judgment declares the election void, the
vacancy is created as of the later of the date of the judgment or
the first day of the term for which the contested election was
held. A person who occupies the office pending the outcome of the
new election, either as a constitutional holdover from the prior
term or through other law, is entitled to receive the emoluments
of office until the successor qualifies for the office after the
new election.
(e) The person elected at the new election must qualify for the
office as if no contest had occurred.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1993, 73rd Leg., ch. 759, Sec. 5, eff. Sept. 1, 1993.
Sec. 221.016. PRESERVATION OF CONTEST PAPERS. (a) The papers
of a contest in the district court shall be preserved under the
rules applicable to the papers in a civil suit.
(b) The papers of a contest in a tribunal other than a court
shall be preserved for 10 years after the date the contest is
disposed of and shall then be transferred to the state library.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 221.017. EFFECT OF STATUTES OUTSIDE CODE. A statute
outside this code that relates to contests of a particular type
of election supersedes this code to the extent of any conflict.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 221.018. EXAMINATION OF CERTAIN CONFIDENTIAL INFORMATION.
(a) Notwithstanding Section 84.0021(b), the tribunal hearing an
election contest may examine the information contained in an
application under Section 84.0021 relating to the address at
which the applicant is registered to vote.
(b) Information may be examined under this section only for the
purpose of hearing an election contest.
Added by Acts 2007, 80th Leg., R.S., Ch.
1295, Sec. 9, eff. June 15, 2007.