CHAPTER 243. CONTEST FOR PRESIDENTIAL ELECTORS
ELECTION CODE
TITLE 14. ELECTION CONTESTS
SUBTITLE C. CONTESTS IN OTHER TRIBUNALS
CHAPTER 243. CONTEST FOR PRESIDENTIAL ELECTORS
Sec. 243.001. APPLICABILITY OF CHAPTER. This chapter applies to
a contest of an election of presidential electors for president
and vice-president of the United States.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 243.002. PARTIES. (a) An election of presidential
electors may be contested only by:
(1) a presidential candidate whose name appeared on the ballot
for the election in this state or who had qualified as a write-in
candidate in this state;
(2) any one or more of the presidential elector candidates who
correspond to a presidential candidate specified by Subdivision
(1), if the presidential candidate gives express approval; or
(3) a presidential candidate specified by Subdivision (1) and
one or more corresponding presidential elector candidates acting
jointly.
(b) The contestees are the presidential elector candidates
officially determined to be elected and the presidential
candidate to whom they correspond.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 243.003. 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 10th day after the date the official
result of the contested election is determined.
(c) The contestant may not file the petition before the day
after the date of the contested election.
(d) The petition must state the name and address of the
contestant or an agent for the contestant to whom a copy of the
contestee's answer is to be delivered. If there is more than one
contestant, the petition must designate one to receive the copy
on behalf of all the contestants.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 243.004. NOTICE TO CONTESTEES. (a) When a petition is
filed, the secretary of state shall promptly notify each
contestee of the filing and shall deliver a copy of the petition
to each contestee who requests one or to an agent designated by
the requesting contestee.
(b) The secretary of state shall use the most expeditious means
available for notifying each contestee.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 243.005. 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 eighth day after the date the petition
is filed. The contestee must deliver a copy of the answer by the
same deadline to the person designated by the petition to receive
it.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 243.006. HEARING OF CONTEST. When the contestee's answer
is filed, the governor shall set a time and place for hearing the
contest. After notice to the parties, the governor shall
investigate the issues raised by the contest, hearing all legal
evidence presented by the parties.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1989, 71st Leg., ch. 163, Sec. 11, eff. Sept. 1, 1989.
Sec. 243.007. MASTER OF DISCOVERY. (a) The governor may
appoint a master of discovery for the contest. The master has the
authority of a master appointed under Section 241.009.
(b) The master must be a resident of the state who:
(1) is not employed by or related within the third degree by
consanguinity or affinity, as determined under Chapter 573,
Government Code, to a party to the contest; and
(2) is not an officer of a political party that had a
presidential nominee on the ballot of the contested election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1989, 71st Leg., ch. 163, Sec. 12, eff. Sept. 1, 1989;
Acts 1991, 72nd Leg., ch. 561, Sec. 19, eff. Aug. 26, 1991; Acts
1995, 74th Leg., ch. 76, Sec. 5.95(27), eff. Sept. 1, 1995.
Sec. 243.008. 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 governor or the master of discovery.
(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 243.013.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1989, 71st Leg., ch. 163, Sec. 13, eff. Sept. 1, 1989.
Sec. 243.009. HEARING PROCEDURE. The governor shall determine
the procedure for hearing an election contest.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1989, 71st Leg., ch. 163, Sec. 14, eff. Sept. 1, 1989.
Sec. 243.010. EVIDENCE. Except as otherwise provided by the
governor, 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. Amended
by Acts 1989, 71st Leg., ch. 163, Sec. 14, eff. Sept. 1, 1989.
Sec. 243.011. ATTENDANCE OF WITNESSES. (a) The governor has
the same authority as a district court in an election contest to
require the attendance of witnesses and the production of
evidence. The secretary of state shall issue in the name of the
governor subpoenas or other process as directed by the governor.
(b) Any sheriff or constable of the state or a person appointed
by the governor may serve the process issued by the secretary of
state.
(c) Compliance with process issued under this chapter may be
enforced in the manner provided for enforcement of process issued
under Chapter 2001, Government Code.
(d) The summoned witnesses and the officers serving the process
are entitled to mileage and fees as prescribed by law in a civil
suit in the district court.
(e) 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 243.013.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1989, 71st Leg., ch. 163, Sec. 15, eff. Sept. 1, 1989;
Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.
Sec. 243.012. DISPOSITION OF CONTEST. (a) The governor shall
determine the outcome of the contested election and render the
decision not later than the seventh day before the date set by
law for the meeting of the electors.
(b) The decision shall declare which set of presidential elector
candidates was elected.
(c) The decision shall be in writing and signed by the governor.
(d) Section 221.012(b) does not apply to a contest of an
election of presidential electors.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1989, 71st Leg., ch. 163, Sec. 16, eff. Sept. 1, 1989.
Sec. 243.013. COSTS OF CONTEST. The governor may assess the
costs of the contest against any one or more of the parties.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1989, 71st Leg., ch. 163, Sec. 17, eff. Sept. 1, 1989.