CHAPTER 241. CONTEST FOR STATE SENATOR OR REPRESENTATIVE
ELECTION CODE
TITLE 14. ELECTION CONTESTS
SUBTITLE C. CONTESTS IN OTHER TRIBUNALS
CHAPTER 241. CONTEST FOR STATE SENATOR OR REPRESENTATIVE
Sec. 241.001. APPLICABILITY OF CHAPTER. This chapter applies to
a contest of a general or special election for the office of
state senator or state representative.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 241.002. PARTIES. The provisions of this title relating to
who may be or is required to be a party in an election contest in
the district court apply to a contest under this chapter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 241.003. PETITION. (a) The contestant must state the
grounds for the contest in a petition in the same manner as a
petition in an election contest in the district court.
(b) The contestant must file the petition with the secretary of
state not later than the seventh day after the date the official
result of the contested election is determined. The contestant
must deliver a copy of the petition to the contestee by the same
deadline.
(c) The contestant may not file the petition with the secretary
of state or deliver the copy to the contestee before the day
after the date of the contested election.
(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 1993, 73rd Leg., ch. 759, Sec. 6, eff. Sept. 1, 1993.
Sec. 241.004. ANSWER. (a) The contestee must reply to the
contestant's petition in an answer in the same manner as an
answer to a petition in an election contest in the district
court.
(b) The contestee must file the answer with the secretary of
state not later than the seventh day after the date the contestee
receives the copy of the petition. The contestee must deliver a
copy of the answer to the contestant by the same deadline.
(c) Section 1.006 does not apply to this section.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1993, 73rd Leg., ch. 759, Sec. 7, eff. Sept. 1, 1993.
Sec. 241.005. METHOD OF DELIVERING CONTEST PAPERS TO PARTIES.
(a) The copies of the petition and answer must be delivered to
the parties by:
(1) personal delivery; or
(2) registered or certified mail, return receipt requested.
(b) Any adult resident of the state may perform the personal
delivery. If the party to whom delivery is intended cannot be
found in the party's county of residence, the delivery may be
completed by leaving the document at the party's usual place of
abode or business with a person who is 16 years of age or older.
(c) Personal delivery of a copy of an answer is sufficient if it
is delivered to the contestant's attorney of record or left at
the attorney's regular office with a person who is 16 years of
age or older.
(d) A copy of a petition delivered by mail must be marked for
restricted delivery to the addressee only. The delivery is
sufficient if the copy is mailed to the contestee's regular
residence or business address.
(e) If the contestant's petition states an address to which the
copy of the answer is to be delivered, a copy delivered by mail
must be mailed to that address. Otherwise, delivery of a copy of
an answer by mail is sufficient if the copy is mailed to the
contestant at the contestant's regular residence or business
address or to the contestant's attorney of record at the
attorney's regular business address.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 241.006. DELIVERY OF CONTEST PAPERS TO PRESIDING OFFICER.
(a) On receipt of a petition or answer, the secretary of state
shall enter the date of filing on the document. If the document
is filed by mail, the secretary shall attach to the document the
envelope in which it was mailed.
(b) The secretary of state shall deliver a petition to the
president of the senate or the speaker of the house of
representatives, as appropriate, as soon as possible but not
later than the day after the date the petition is received. The
secretary shall deliver an answer to the appropriate presiding
officer as soon as possible but not later than the day after the
date of its receipt.
(c) The secretary of state shall deliver with the petition the
secretary's certified statement of the total votes cast for each
candidate for the office as shown by the final canvass. If the
final canvass has not been completed, the statement shall be
delivered as soon as practicable thereafter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1993, 73rd Leg., ch. 759, Sec. 8, eff. Sept. 1, 1993.
Sec. 241.0061. SECURITY FOR COSTS. (a) Not later than the
third day after the date the contestee's answer is received by
the presiding officer of the house having jurisdiction, the
contestant must file with the secretary of the senate or chief
clerk of the house of representatives, as appropriate:
(1) a cost bond payable to the appropriate house and to the
contestee in the amount of $5,000, having sufficient sureties
approved by the presiding officer, and conditioned that the
contestant will pay all costs of the contest assessed against the
contestant;
(2) a cash deposit in lieu of bond; or
(3) an affidavit of inability to pay costs.
(b) Security for costs must be filed under Subsection (a), and
an affidavit of inability to pay costs may be contested, in the
manner generally applicable to a civil suit in the district
court, subject to any changes imposed by the master or by rules
of the house having jurisdiction.
Added by Acts 1993, 73rd Leg., ch. 759, Sec. 9, eff. Sept. 1,
1993. Amended by Acts 1997, 75th Leg., ch. 864, Sec. 231, eff.
Sept. 1, 1997.
Sec. 241.007. RUNOFF DELAYED. (a) If a special election for
which a runoff is necessary according to the official result is
contested, the secretary of state shall promptly notify the
governor in writing of the contest when the canvass is completed
or the petition is received, whichever is later.
(b) The governor shall delay ordering the runoff pending the
outcome of the contest.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 241.008. PRESIDING OFFICER AS PARTY. If the presiding
officer of the house having jurisdiction is a party to a contest,
the house shall elect one of its members to perform the duties of
the presiding officer with respect to the contest. The chair of
the house's committee on administration shall perform those
duties until the substitute is elected.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 864, Sec. 232, eff. Sept. 1, 1997.
Sec. 241.009. MASTER OF DISCOVERY. (a) As soon as practicable
after receiving the contestee's answer, the presiding officer of
the house having jurisdiction shall appoint a master of discovery
to supervise discovery proceedings and the taking of depositions,
to issue any necessary process, to receive and report evidence,
and to perform any other duties assigned by the presiding officer
or by the committee to which the contest is referred.
(b) The master must be a member of the house in which the
contest is pending.
(c) The presiding officer or the committee may limit the
master's authority in the same manner as a civil court in
appointing a master in chancery.
(d) The master acts under the direction of the presiding officer
before the case is referred to a committee and acts under the
direction of the committee after the referral.
(e) The master's rulings are subject to review by the committee
to which the contest is referred unless otherwise provided by
rules of the house.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1993, 73rd Leg., ch. 759, Sec. 9, eff. Sept. 1, 1993.
Sec. 241.0091. FRIVOLOUS PETITION. (a) The master may on the
master's own motion, or shall on the motion of the committee,
determine whether the contestant's petition is frivolous or
otherwise does not state the grounds necessary to maintain the
contest.
(b) After making a determination under Subsection (a), the
master shall promptly deliver to the committee a report stating
the findings. The report to the committee may include any
recommendation the master considers appropriate.
Added by Acts 1993, 73rd Leg., ch. 759, Sec. 9, eff. Sept. 1,
1993. Amended by Acts 1997, 75th Leg., ch. 864, Sec. 233, eff.
Sept. 1, 1997.
Sec. 241.010. DISCOVERY AND DEPOSITIONS. (a) Any party to a
contest may conduct discovery and take depositions under the
procedures applicable to a civil suit in the district court,
subject to changes in those procedures or limitations imposed by
the master or by rules of the house in which the contest is
pending.
(b) Each party is responsible for the initial payment of the
party's costs of discovery and taking depositions, but the costs
may be assessed as provided by Section 241.025.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 241.011. REFERRAL OF CONTEST TO COMMITTEE; HEARING BY
COMMITTEE. (a) As soon as practicable after receiving the
contestee's answer, the presiding officer of the house in which
the contest is pending shall refer the contest to a special
committee, a standing committee, or a committee of the whole, as
provided by rules of the house.
(b) The committee shall promptly set a time and place for
hearing the contest. After notice to the parties, the committee
shall investigate the issues raised by the contest, hearing all
legal evidence presented by the parties, except as provided by
Subsection (c).
(c) The committee may refuse to hear testimony or other evidence
presented in person by the parties if the master determines under
Section 241.0091 that the contestant's petition is frivolous or
otherwise groundless.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1993, 73rd Leg., ch. 759, Sec. 9, eff. Sept. 1, 1993.
Sec. 241.012. HEARING PROCEDURE. The procedure for the
committee hearing of an election contest shall be prescribed by
rules of the house in which the contest is pending.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 241.013. EVIDENCE. Except as otherwise provided by house
rules, the rules of evidence generally applicable to a civil suit
in the district court apply to the hearing of an election
contest.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 241.014. ATTENDANCE OF WITNESSES. (a) The committee to
which an election contest is referred has the same authority as
other legislative committees to compel attendance of witnesses
and production of evidence without the necessity for an express
authorization by resolution, rule, or other action of the house
creating the committee.
(b) The law generally applicable to the issuance and service of
process in legislative committee hearings applies to the hearing
of a contest.
(c) A summoned witness is entitled to payment for travel and
subsistence expenses in accordance with the laws applicable to
in-state travel for state employees.
(d) Each party is responsible for the initial payment of the
costs for service of process and attendance of witnesses at the
party's request, but the costs may be assessed as provided by
Section 241.025.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 241.015. COMMITTEE REPORT. (a) Except as provided by
Section 241.019, as soon as practicable after completing its
hearing on a contest, the committee shall make a written report
of its findings of fact and conclusions of law with respect to
the contest to the house in which the contest is pending. The
report may include any recommendation the committee considers
appropriate.
(b) The committee shall accompany its report with all the papers
in the contest and the evidence presented to the committee.
(c) The committee chair shall file the report with the secretary
of the senate or the chief clerk of the house of representatives,
as appropriate.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 864, Sec. 234, eff. Sept. 1, 1997.
Sec. 241.016. MINORITY REPORT. Any member of the committee
dissenting from the views of the majority may file a minority
report.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 241.017. WITHDRAWAL OF CONTEST. (a) A contestant may
withdraw the election contest at any time before the filing of
the committee report by filing with the committee chair and the
presiding officer of the house a written statement of withdrawal
signed by the contestant or the contestant's attorney.
(b) On withdrawal of the contest, the contest is dismissed and
the presiding officer shall have the statement of withdrawal read
into the journal of the appropriate house.
(c) Costs of the contest following a withdrawal may be assessed
as provided by Section 241.025.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 864, Sec. 235, eff. Sept. 1, 1997.
Sec. 241.018. DISPOSITION OF CONTEST BY HOUSE. (a) Except as
provided by Section 241.019, the house in which a contest is
pending shall dispose of the contest as provided by this section.
(b) As soon as practicable after the committee report on the
contest is filed, the house shall set a date for consideration of
the report.
(c) The house shall take action on the contest as prescribed by
Section 221.012.
(d) A contestee may not vote on any matter involving the
contest.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 241.019. DISPOSITION OF CONTEST BY COMMITTEE. The
committee to which a contest of a special election is referred
shall take action on the contest as prescribed by Section 221.012
if:
(1) no candidate received a majority of the votes according to
the official result of the election;
(2) the legislature is not in session on the date the
contestant's petition is filed with the secretary of state, or,
if it is in session, the session will end before the 25th day
after the date the petition is filed;
(3) no session of the legislature is scheduled to begin within
30 days after the date the petition is filed; and
(4) the legislature is not in session on the date the committee
completes its hearing, and no session is scheduled to begin
within 30 days after that date.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 241.020. NEW ELECTION ORDERED IF CONTESTED ELECTION VOID.
In an election contest in which the election is declared void,
the house or committee, as appropriate, shall include in its
judgment an order directing the governor to order a new election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 241.021. DELIVERY OF CERTIFIED COPIES OF JUDGMENT. (a)
After the judgment in a contest is rendered, the secretary of the
senate or the chief clerk of the house of representatives, as
appropriate, shall promptly deliver a certified copy of the
judgment to the secretary of state.
(b) If another election is necessary under the judgment, the
secretary of the senate or chief clerk of the house of
representatives shall promptly deliver a certified copy of the
judgment to the governor.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 241.022. PROCEDURES FOR NEW ELECTION GENERALLY. (a) If
the contested election is declared void, the new election shall
be held in the same manner as the contested election, except as
otherwise provided by this chapter.
(b) Section 232.050 applies to the ballot form for the new
election.
(c) Section 232.043 applies to write-in voting in the new
election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 241.023. ACCELERATED ELECTION SCHEDULE. If another
election is necessary under the judgment in an election contest,
the applicable time intervals for conducting a special election
for state senator or state representative apply if the judgment
is rendered:
(1) during a regular legislative session; or
(2) within 60 days before the date a legislative session is
convened.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 241.024. CANDIDATES IN NEW ELECTION. (a) The candidates
in a new election ordered in an election contest in which the
election is declared void under this chapter are determined in
accordance with the applicable provisions of Chapter 232,
Subchapter B, prescribing the candidates in a new election
ordered by a court.
(b) In a new election in which replacement candidates are
permitted on the ballot, the governor shall set the filing
deadlines that are set by the district court in a new election
ordered by a court.
(c) The governor shall set the deadline for withdrawal from a
new election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 241.025. COSTS OF CONTEST. (a) Subject to Section
221.013(a), the house considering an election contest may assess
the costs of the contest against any one or more of the parties,
except that costs may not be assessed against a contestee who
prevails in the contest.
(b) In a contest covered by Section 241.019, the committee
determines how the costs are to be assessed.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.