CHAPTER 232. CONTESTS FOR OFFICE
ELECTION CODE
TITLE 14. ELECTION CONTESTS
SUBTITLE B. CONTESTS IN DISTRICT COURT
CHAPTER 232. CONTESTS FOR OFFICE
SUBCHAPTER A. TRIAL AND DISPOSITION OF CONTEST
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.
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.
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.
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.
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.
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.
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.
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 30th day after the date the
official result of the contested election is determined.
(c) A contestant must file the petition not later than the 10th
day after the date the official result is determined in a contest
of:
(1) a 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 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.
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.
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.
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.
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.
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.
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.
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.
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.
SUBCHAPTER B. COURT-ORDERED ELECTION FOLLOWING JUDGMENT OF VOID
ELECTION
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.
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.
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.
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.
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.
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.
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.
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.
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.
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) The requirement that a ballot on which a party nominee
appears must be arranged to permit casting a straight-party vote
does not apply to the ballot for the new election if fewer than
three offices are to appear on the ballot.
(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.