CHAPTER 233. CONTEST ON MEASURE
ELECTION CODE
TITLE 14. ELECTION CONTESTS
SUBTITLE B. CONTESTS IN DISTRICT COURT
CHAPTER 233. CONTEST ON MEASURE
Sec. 233.001. APPLICABILITY OF CHAPTER. This chapter applies to
a contest of an election on a measure.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 233.002. CONTESTANT. One or more qualified voters of the
territory covered by an election on a measure may contest the
election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 233.003. CONTESTEE. (a) The contestee must be at least
one of the following:
(1) the presiding officer of the final canvassing authority for
the contested election;
(2) the presiding officer of the authority that ordered the
contested election or the ordering authority, if ordered by an
individual; or
(3) if the person specified by Subdivision (1) or (2) is
incapacitated or cannot act for any other reason, another member
of the specified authority.
(b) The secretary of state must be a contestee in a contest of
an election on a proposed constitutional amendment or any other
statewide measure submitted by the legislature.
(c) The costs of an election contest may not be assessed against
a contestee specified by this section or against the governmental
or political entity the contestee represents.
(d) A contestee specified by this section may not be required to
give bond on appeal.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 233.004. INTERVENTION. (a) The court may permit one or
more qualified voters of the territory covered by the contested
election to intervene as contestants or contestees.
(b) The court shall determine the extent to which each
intervenor may participate in the contest as the ends of justice
and orderly procedure require. However, the court must permit at
least one intervention on the side of the contestee, if requested
to do so, and must permit the intervening contestee to
participate fully in the conduct of the contest.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 233.005. VENUE. The venue of an election contest is:
(1) in Travis County if the contested election is statewide; or
(2) in any county wholly or partly in the territory covered by
the contested election if the election is less than statewide.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 233.006. FILING PERIOD FOR PETITION. (a) The contestant
may not file the petition in the contest earlier than the day
after election day.
(b) Except as provided by Section 233.014, the contestant must
file the petition not later than the 30th day after the date the
official result of the contested election is determined.
(c) The 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. 70, eff. Sept. 1, 1997.
Sec. 233.007. FILING PERIOD FOR ANSWER. (a) A contestee must
file an answer to the contestant's petition not later than:
(1) 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 of the contested election is determined,
whichever is later, if the contested election is less than
statewide; or
(2) 10 a.m. of the 20th day after the date of service of
citation, if the contested election is statewide.
(b) 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. 233.008. 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. 233.009. NOTICE OF FILING AND OUTCOME OF CONTEST TO
AUTHORITY RECEIVING ELECTION CERTIFICATION. If the result of a
contested election is required to be certified to an authority
other than the authority that ordered the election, the authority
responsible for delivering the certification shall:
(1) include with the certification written notice of the filing
of the contest or, if the contest is filed after the
certification is delivered, deliver the notice promptly after the
contest is filed; and
(2) deliver to the authority receiving the certification written
notice of the outcome of the contest promptly after the judgment
becomes final.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 233.010. EFFECT OF CONTEST ON IMPLEMENTATION OF ADOPTED
MEASURE. (a) The filing of an election contest does not suspend
implementation of a contested measure that is shown by the
officially determined result to have been adopted, except that in
the application of equitable principles, the court in which an
election contest is filed may suspend implementation of the
contested measure pending outcome of the contest.
(b) Another law that provides that implementation may or may not
be suspended supersedes this section.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 233.011. NEW ELECTION ORDERED IF CONTESTED ELECTION VOID.
The court may not order a new election to be held if the
contested election is declared void, except that the court shall
include in its judgment an order directing the appropriate
authority to order a new election if the authority that ordered
the contested election was required by law to order it pursuant
to a petition requesting the election or requesting other action
making the holding of the election necessary.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 233.012. EFFECT OF VOID ELECTION. (a) The effect of a
void election with respect to a restriction on the authority to
order another election or on the time interval between elections
of the same or similar nature is the same as if the election had
not been held.
(b) If the authorization for ordering the election that was
declared void was conditioned on its being ordered or held before
a specified date and that condition was satisfied with respect to
the void election, the condition is also satisfied if another
election is ordered for a date not later than the 120th day after
the date the judgment declaring the contested election void
becomes final or the first day on which the election may lawfully
be held, whichever is later.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 233.013. CONSOLIDATION OF CONTEST. If more than one
election contest involving the same measure is filed, the actions
shall be consolidated.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 233.014. SPECIAL PROCEDURES FOR CONTEST OF CONSTITUTIONAL
AMENDMENT ELECTION. (a) This section applies only to a contest
of an election on a proposed constitutional amendment.
(b) The contestant's petition must be filed and service of
citation on the secretary of state must be obtained before the
final official canvass is completed.
(c) The declaration of the official result of a contested
election may not be made until the contest is finally determined.
The secretary of state shall tabulate the county returns and the
governor shall announce the final vote count, as ascertained from
the returns, in a written document. The document announcing the
final vote count must state that a contest of the election has
been filed and that the declaration of the official result will
not be made until the contest is finally determined.
(d) The trial date may not be earlier than the 45th day after
the date of the contested election unless the contestant requests
an earlier date.
(e) If an amended petition alleging additional grounds of
contest is filed, the contest may not be called for trial earlier
than the 20th day after the date the amended petition is filed
unless the secretary of state agrees to calling the contest for
trial at an earlier date.
(f) The court shall include in its judgment in a contest an
order directing the governor to declare the official result of
the election or to declare the election void, as appropriate, not
later than the 10th day after the date the judgment becomes
final.
(g) Any question relating to the validity or outcome of a
constitutional amendment election may be raised in an election
contest. A contest is the exclusive method for adjudicating such
questions.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1989, 71st Leg., ch. 163, Sec. 9, eff. Sept. 1, 1989.