CHAPTER 52. BALLOT FORM, CONTENT, AND PREPARATION
ELECTION CODE
TITLE 5. ELECTION SUPPLIES
CHAPTER 52. BALLOT FORM, CONTENT, AND PREPARATION
SUBCHAPTER A. PREPARING THE BALLOT
Sec. 52.001. OFFICIAL BALLOT. (a) Except as provided by
Subsection (b), the vote in an election is by official ballot.
(b) If an official ballot is unavailable at a polling place, the
presiding election judge shall provide a ballot designed in
accordance with this chapter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 52.002. AUTHORITY PREPARING BALLOT. Except as otherwise
provided by law, the following authority shall have the official
ballot prepared:
(1) for an election ordered by the governor or a county
authority, the county clerk;
(2) for a primary election, the county chair of the political
party holding the primary;
(3) for an election ordered by a city authority, the city
secretary; and
(4) for an election ordered by an authority of a political
subdivision other than a county or city, the secretary of the
subdivision's governing body or, if the governing body has no
secretary, the governing body's presiding officer.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 864, Sec. 48, eff. Sept. 1, 1997.
Sec. 52.003. PLACING CANDIDATE'S NAME ON BALLOT. (a) Except as
otherwise provided by law, the authority responsible for having
the official ballot prepared shall have placed on the ballot the
name of each candidate:
(1) who has filed with the authority an application for a place
on the ballot that complies with the requirements as to form,
content, and procedure that the application must satisfy for the
candidate's name to be placed on the ballot; or
(2) whose entitlement to placement on the ballot has been
lawfully certified to the authority.
(b) A candidate's name shall be placed on the ballot in the form
indicated on the candidate's application or, if the application
was not filed with the authority, in the form certified to the
authority.
(c) Except as otherwise provided by law, in a runoff election,
the authority shall have placed on the ballot the name of each
candidate who is entitled to a place on the runoff ballot as
indicated by the canvass for the main election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 864, Sec. 49, eff. Sept. 1, 1997.
Sec. 52.004. FAILURE TO PLACE CANDIDATE'S NAME ON BALLOT. (a)
A person commits an offense if the person is responsible for
having the official ballot prepared for an election and knowingly
fails to place on the ballot the name of a candidate who is
entitled to have the candidate's name placed on the ballot.
(b) An offense under this section is a Class A misdemeanor.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 864, Sec. 50, eff. Sept. 1, 1997.
Sec. 52.005. BALLOT CONTENT DETERMINED ACCORDING TO PRECINCT.
The ballot for an election precinct may contain only those
offices and propositions stating measures on which the qualified
voters of the precinct are entitled to vote.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 52.006. CORRECTING BALLOT. (a) To make a necessary
correction on the ballot, the authority responsible for having
the official ballot prepared may:
(1) prepare new ballots;
(2) line out or otherwise obscure the language being corrected
and enter in printed form the correct language next to the
language being corrected, if necessary; or
(3) prepare printed or blank correction stickers to be affixed
to the ballots.
(b) A correction sticker used under this section must be printed
in the same type style and on the same color of paper as the
ballot.
(c) A correction sticker may be affixed to a ballot only by the
authority responsible for having the official ballot prepared or
by an election officer serving a polling place.
(d) A vote may not be counted for a name appearing on a
correction sticker unless the sticker is prepared and affixed to
the ballot as provided by this section.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 52.0061. NOTICE OF CORRECTION BY AUTHORITY RESPONSIBLE FOR
PREPARING BALLOT. (a) The authority responsible for having the
official ballot prepared shall deliver written notice to the
secretary of state not later than 24 hours after the authority's
determination to prepare new ballots to make a correction on the
ballot.
(b) The notice must include a statement of the nature of the
correction to be made.
Added by Acts 1989, 71st Leg., ch. 289, Sec. 1, eff. Sept. 1,
1989.
Sec. 52.0062. NOTICE OF CORRECTION BY CERTAIN PRINTERS. (a)
Each person required to file a statement under Section 51.013
shall deliver written notice to the secretary of state not later
than 48 hours after the person receives a request to prepare new
ballots to make a correction on the ballot for a primary election
or the general election for state and county officers.
(b) The notice must include the name, address, and telephone
number of the person requesting the corrected ballots and a
statement of the nature of the correction to be made.
Added by Acts 1989, 71st Leg., ch. 289, Sec. 1, eff. Sept. 1,
1989.
Sec. 52.0063. UNLAWFUL PREPARATION OF BALLOTS. (a) A person
commits an offense if the person knowingly prepares or causes to
be prepared new ballots to make a correction on the ballot
without complying with Section 52.0061 or 52.0062, as applicable.
(b) Except as authorized by Section 52.006, a person commits an
offense if the person knowingly prepares or causes to be prepared
for an election any ballot that contains the same number as a
ballot that has been prepared for the election.
(c) An offense under this section is a Class A misdemeanor.
Added by Acts 1989, 71st Leg., ch. 289, Sec. 1, eff. Sept. 1,
1989.
Sec. 52.0064. DESTRUCTION OF INCORRECT BALLOTS. (a) If new
ballots are prepared to make a correction on the ballot, the
authority responsible for having the official ballot prepared
shall destroy the incorrect ballots in the presence of:
(1) the sheriff, in an election ordered by the governor or a
primary election; or
(2) the authority responsible for ordering the election, in any
other election.
(b) The authority responsible for having the official ballot
prepared shall post in the authority's office a notice of the
date, hour, and place of the destruction of the incorrect
ballots. The notice must remain posted continuously for the 72
hours preceding the scheduled time of the destruction.
(c) Any interested person is entitled to be present at the
destruction of incorrect ballots.
(d) The authority responsible for having the official ballot
prepared shall prepare a record of the incorrect ballots that are
destroyed. The authority shall preserve the record for the period
for preserving the precinct election records.
Added by Acts 1989, 71st Leg., ch. 289, Sec. 1, eff. Sept. 1,
1989. Acts 1993, 73rd Leg., ch. 728, Sec. 13, eff. Sept. 1, 1993.
Sec. 52.007. SPECIMEN BALLOT. (a) An official ballot for each
ballot format used in each election shall be designated a
specimen ballot.
(b) The specimen ballot shall be made available for public
inspection:
(1) for an election other than a primary election, in the office
of the authority responsible for having the official ballot
prepared; or
(2) for a primary election, in the office of the county clerk.
(c) The specimen ballot shall be made available for public
inspection as soon as practicable after the official ballots have
been prepared for the election and shall be preserved for the
period for preserving the precinct election records.
(d) The county chair of each political party holding a primary
election shall deliver the ballots to be used as specimen ballots
to the county clerk when the official ballots are received from
the printer.
(e) The authority in whose office the specimen ballot is kept
shall mark each specimen ballot with "SPECIMEN" in a manner that
will not prevent the reading of its contents. If more than one
ballot format is used in the election, the authority shall
indicate on the specimen ballot the election precincts in which
each ballot format is used.
(f) A specimen ballot may not be reproduced for distribution.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 864, Sec. 51, eff. Sept. 1, 1997.
Sec. 52.008. SAMPLE BALLOT. (a) The authority responsible for
procuring the election supplies shall have a supply of sample
ballots printed.
(b) A sample ballot may be printed only on yellow paper. "SAMPLE
BALLOT" shall be printed in large letters at the top of each
sample ballot.
(c) Sample ballots shall be distributed for use in the election
as directed by the authority responsible for procuring the
election supplies.
(d) A sample ballot may not be cast or counted in an election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 2003, 78th Leg., ch. 1315, Sec. 17, eff. Jan. 1, 2004.
SUBCHAPTER B. NAME ON BALLOT
Sec. 52.031. FORM OF NAME ON BALLOT. (a) A candidate's name
shall be printed on the ballot with the given name or initials
first, followed by a nickname, if any, followed by the surname,
in accordance with this section.
(b) In combination with the surname, a candidate may use one or
more of the following:
(1) a given name;
(2) a contraction or familiar form of a given name by which the
candidate is known; or
(3) an initial of a given name.
(c) A nickname of one unhyphenated word of not more than 10
letters by which the candidate has been commonly known for at
least three years preceding the election may be used in
combination with a candidate's name. A nickname that constitutes
a slogan or otherwise indicates a political, economic, social, or
religious view or affiliation may not be used. A nickname may not
be used unless the candidate executes and files with the
application for a place on the ballot an affidavit indicating
that the nickname complies with this subsection.
(d) A suffix such as "Sr.," "Jr.," or "2nd" may be used in
combination with a candidate's name.
(e) A married woman or widow may use in combination with her
surname, if the same as her husband's surname, the given name or
initials of her husband with the prefix "Mrs."
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 1349, Sec. 22, eff. Sept. 1, 1997.
Sec. 52.032. CANDIDATES WITH SAME OR SIMILAR SURNAMES. (a) If
two or more candidates for the same office have the same or
similar surnames, each of those candidates may have printed on
the ballot a brief distinguishing description or title, not to
exceed four words, following the candidate's name.
(b) The description or title may only refer to the candidate's
place of residence or present or former profession, occupation,
or position. However, the description or title may not refer to a
public office.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 472, Sec. 12, eff. Sept. 1, 1987.
Sec. 52.033. TITLES PROHIBITED. Except as otherwise provided by
this subchapter, a title or designation of office, status, or
position may not be used in conjunction with a candidate's name
on the ballot.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 52.034. NAME ON BALLOT MORE THAN ONCE. A candidate's name
may not appear more than once on the ballot except as a candidate
for:
(1) two or more offices that are permitted by law to be held by
the same person; or
(2) the office of president or vice-president of the United
States and another office.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
SUBCHAPTER C. FORM OF BALLOT
Sec. 52.061. PRINTING ON BALLOT. (a) The ballot shall be
printed in black ink on white or light-colored paper, but the
ballot may not be the same color as sample ballots.
(b) The type on the ballot may vary in size and style for the
office titles, column headings, names of candidates, proposition
headings, and propositions, but the type for each particular
category must be uniform.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 1349, Sec. 23, eff. Sept. 1, 1997.
Sec. 52.062. NUMBERING OF BALLOTS. The ballots prepared by each
authority responsible for having the official ballot prepared
shall be numbered consecutively beginning with the number "1."
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 52.063. DESIGNATION OF ELECTION AND DATE. A designation of
the nature of the election and the date of the election shall be
printed at the top of the ballot.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 52.064. DESIGNATION AS OFFICIAL BALLOT. "OFFICIAL BALLOT"
shall be printed in large letters on the ballot immediately below
the designation and date of the election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 52.065. ARRANGEMENT OF BALLOT WITH PARTY NOMINEE. (a) For
an election in which a candidate's name is to appear on the
ballot as the nominee of a political party, the ballot shall be
arranged in vertical columns separated by parallel lines, as
provided by this section.
(b) Each title of an office to be voted on shall be listed in
the first column on the left of the ballot with "Candidates For:"
printed at the top. The office titles shall be separated by
parallel horizontal lines extending through each column on the
ballot.
(c) The name of each political party with a nominee on the
ballot shall be printed at the top of the second and as many
succeeding columns as necessary. The name of the nominee of each
party for each office shall appear opposite the office in the
appropriate party column. The party columns shall be of uniform
width.
(d) If the name of an independent candidate is to appear on the
ballot, a column immediately following the party columns shall be
provided, with "Independent" printed at the top. The name of each
independent candidate shall appear in the column opposite the
appropriate office title.
(e) If write-in votes are permitted by law in the election, a
column immediately following the other columns shall be provided
for write-in votes, with "Write-in" printed at the top. Adequate
space shall be provided in the column for write-in votes.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 52.066. ARRANGEMENT OF BALLOT WITH NO PARTY NOMINEE. (a)
For an election in which no party nominee is to appear on the
ballot, the ballot shall be arranged as provided by this section.
(b) Each title of an office to be voted on shall be listed in a
vertical column with the name of each candidate listed below the
appropriate office title.
(c) If write-in votes are permitted by law in the election, a
space underscored by a broken or solid line shall be provided for
a write-in vote below the names of the candidates for each
office. If more than one candidate is to be elected to an office,
write-in spaces shall be provided in a number equal to the number
of candidates to be elected.
(d) If the length of the ballot arranged as one column would
exceed 18 inches, the office titles may be arranged in parallel
vertical columns.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 52.067. NONALIGNED CANDIDATE DESIGNATED AS INDEPENDENT. In
an election in which the candidates' political party alignments
are to be printed on the ballot next to the candidates' names,
"Independent" shall be printed on the ballot next to the name of
each candidate who is not aligned with a political party.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 52.068. OFFICE TITLE TO APPEAR ON BALLOT IF NO CANDIDATE
FOR OFFICE. (a) If no candidate's name is to appear on the
ballot for a particular office to be voted on at an election in
which write-in votes for the office are permitted by law, the
authority responsible for having the official ballot prepared
shall have the office title printed on the ballot and shall
provide a space for a write-in vote as required by this code.
However, in an election in which write-in votes may be counted
only for names appearing on a list of write-in candidates, if no
candidate's name is to appear on the ballot or the list of
write-in candidates for a particular office, the office title is
not printed on the ballot.
(b) If the authority fails to have the office title printed on
the ballot, a person may not be declared elected to the office
because of write-in votes that are cast by writing in the office
title and the person's name unless the total number of votes cast
for all write-in candidates for that office is more than 50
percent of the total number of voters participating in the
election who are eligible to vote for the office.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 472, Sec. 13, eff. Sept. 1, 1987;
Acts 1987, 70th Leg., ch. 497, Sec. 1, eff. Sept. 1, 1987; Acts
1999, 76th Leg., ch. 62, Sec. 5.09, eff. Sept. 1, 1999.
Sec. 52.069. UNEXPIRED TERM. If an office to be filled for an
unexpired term is to be voted on at a general or primary
election, "unexpired term" shall be printed on the ballot
following the office title.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 52.070. VOTING SQUARE AND INSTRUCTION FOR CANDIDATES. (a)
A square for voting shall be printed to the left of each
candidate's name on a ballot.
(b) Immediately below "OFFICIAL BALLOT," the following
instruction shall be printed: "Vote for the candidate of your
choice in each race by placing an 'X' in the square beside the
candidate's name."
(c) Appropriate changes in the instruction shall be made if only
one race appears on the ballot or if more than one candidate is
to be elected in a race.
(d) If more than one candidate is to be elected in any race on
the ballot, "Vote for none, one, two, ... or ___" (in the
numerical sequence appropriate for the number of candidates to be
elected) shall be printed immediately below each office title
appearing on the ballot.
(e) A square shall be printed to the left of each line provided
for write-in voting under Section 52.066(c), but failure to place
a mark in the square does not affect the counting of a write-in
vote.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 472, Sec. 14, eff. Sept. 1, 1987;
Acts 1987, 70th Leg., ch. 497, Sec. 2, eff. Sept.1, 1987.
Sec. 52.071. VOTING SQUARE AND INSTRUCTION FOR STRAIGHT-PARTY
VOTE. (a) On a ballot on which a party column appears, a square
larger than the square prescribed by Section 52.070(a) shall be
printed to the left of each political party's name.
(b) The following instruction shall be added to the instruction
required by Section 52.070(b): "You may cast a straight-party
vote (that is, cast a vote for all the nominees of one party) by
placing an 'X' in the square beside the name of the party of your
choice. If you cast a straight-party vote for all the nominees of
one party and also cast a vote for an opponent of one of that
party's nominees, your vote for the opponent will be counted as
well as your vote for all the other nominees of the party for
which the straight-party vote was cast."
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 472, Sec. 15, eff. Sept. 1, 1987.
Sec. 52.072. PROPOSITIONS. (a) Except as otherwise provided by
law, the authority ordering the election shall prescribe the
wording of a proposition that is to appear on the ballot.
(b) A proposition shall be printed on the ballot in the form of
a single statement and may appear on the ballot only once.
(c) Except as provided by Subsection (d), in an election in
which an office and a measure are to be voted on, each
proposition stating a measure shall appear on the ballot after
the listing of offices.
(d) If an election of officers is contingent on the adoption of
a proposition appearing on the same ballot, the proposition shall
appear on the ballot before the listing of offices.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 52.073. VOTING SQUARE AND INSTRUCTION FOR PROPOSITIONS.
(a) On a ballot on which a proposition is to appear, "FOR" and,
below it, "AGAINST" shall be printed to the left of the
proposition.
(b) A brace or other suitable device shall be printed to
indicate to which proposition each "FOR" and "AGAINST" applies.
(c) A square for voting shall be printed to the left of each
"FOR" and each "AGAINST."
(d) Immediately above the propositions, the following
instruction shall be printed: "Place an 'X' in the square beside
the statement indicating the way you wish to vote."
(e) The authority responsible for prescribing the wording of a
proposition may substitute "YES" and "NO" on the ballot for "FOR"
and "AGAINST" if the authority considers those words more
appropriate.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 52.074. PROVISIONAL BALLOT FOR CERTAIN VOTERS. The
authority responsible for having the official ballot prepared
shall have a provisional ballot prepared in a form approved by
the secretary of state for use by a voter who executes an
affidavit in accordance with Section 63.011.
Added by Acts 1997, 75th Leg., ch. 1078, Sec. 2, eff. Sept. 1,
1997. Amended by Acts 2003, 78th Leg., ch. 1315, Sec. 18, eff.
Jan. 1, 2004.
SUBCHAPTER D. ORDER OF PARTIES, OFFICES, NAMES, AND PROPOSITIONS
ON BALLOT
Sec. 52.091. PARTY COLUMNS. (a) Party columns shall be
arranged on the ballot in the following order, beginning on the
left:
(1) columns of parties with nominees for statewide or district
offices;
(2) columns of parties without nominees for statewide or
district offices.
(b) Columns of parties specified by Subsection (a)(1) shall be
arranged in descending order of the number of votes received
statewide by each party's candidate for governor in the most
recent gubernatorial general election, beginning on the left with
the party whose candidate received the highest number of votes.
Columns of parties that did not have a candidate for governor in
the most recent gubernatorial general election shall appear after
the columns of parties that had a candidate, and the order of
their columns shall be determined by a drawing conducted by the
secretary of state.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 52.092. OFFICES REGULARLY FILLED AT GENERAL ELECTION FOR
STATE AND COUNTY OFFICERS. (a) For an election at which offices
regularly filled at the general election for state and county
officers are to appear on the ballot, the offices shall be listed
in the following order:
(1) offices of the federal government;
(2) offices of the state government:
(A) statewide offices;
(B) district offices;
(3) offices of the county government:
(A) county offices;
(B) precinct offices.
(b) Offices of the federal government shall be listed in the
following order:
(1) president and vice-president of the United States;
(2) United States senator;
(3) United States representative.
(c) Statewide offices of the state government shall be listed in
the following order:
(1) governor;
(2) lieutenant governor;
(3) attorney general;
(4) comptroller of public accounts;
(5) commissioner of the General Land Office;
(6) commissioner of agriculture;
(7) railroad commissioner;
(8) chief justice, supreme court;
(9) justice, supreme court;
(10) presiding judge, court of criminal appeals;
(11) judge, court of criminal appeals.
(d) District offices of the state government shall be listed in
the following order:
(1) member, State Board of Education;
(2) state senator;
(3) state representative;
(4) chief justice, court of appeals;
(5) justice, court of appeals;
(6) district judge;
(7) criminal district judge;
(8) family district judge;
(9) district attorney;
(10) criminal district attorney.
(e) County offices shall be listed in the following order:
(1) county judge;
(2) judge, county court at law;
(3) judge, county criminal court;
(4) judge, county probate court;
(5) county attorney;
(6) district clerk;
(7) district and county clerk;
(8) county clerk;
(9) sheriff;
(10) sheriff and tax assessor-collector;
(11) county tax assessor-collector;
(12) county treasurer;
(13) county school trustee (county with population of 3.3
million or more);
(14) county surveyor.
(f) Precinct offices shall be listed in the following order:
(1) county commissioner;
(2) justice of the peace;
(3) constable.
(g) If two or more offices having the same title except for a
place number or other distinguishing number are to appear on the
ballot, the number shall appear as part of the office title and
the offices shall be listed in numerical order.
(h) Repealed by Acts 2003, 78th Leg., ch. 693, Sec. 4.
(i) The secretary of state shall designate the position of new
offices on the ballot.
(j) The office of judge of a multicounty statutory county court
created under Subchapter D, Chapter 25, Government Code, is
considered to be a county office for purposes of listing the
office on the ballot and to be a district office for all other
purposes under this code.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 54, Sec. 15(b), eff. Sept. 1, 1987;
Acts 1991, 72nd Leg., ch. 746, Sec. 69, eff. Oct. 1, 1991; Acts
1997, 75th Leg., ch. 1423, Sec. 6.01, eff. Sept. 1, 1997; Acts
2001, 77th Leg., ch. 669, Sec. 14, eff. Sept. 1, 2001; Acts 2003,
78th Leg., ch. 693, Sec. 4, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
37, Sec. 2, eff. May 19, 2009.
Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 5.32, eff. September 1, 2009.
Sec. 52.093. OFFICES OF POLITICAL SUBDIVISION OTHER THAN COUNTY.
Except as otherwise provided by law, for an election at which
offices of a political subdivision other than a county are to be
voted on, the authority ordering the election shall determine the
order of the offices on the ballot.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 52.094. NAMES OF CANDIDATES. (a) Except as otherwise
provided by law, for an election at which the names of more than
one candidate for the same office are to appear on the ballot in
an independent column or are to appear on a general or special
election ballot that does not contain a party nominee, the order
of the candidates' names shall be determined by a drawing.
(b) The authority responsible for having the official ballot
prepared for the election shall conduct the drawing.
(c) The authority conducting the drawing shall post in the
authority's office a notice of the date, hour, and place of the
drawing. The notice must remain posted continuously for 72 hours
immediately preceding the scheduled time of the drawing, except
that for a runoff election or an election held to resolve a tie
vote, the notice must remain posted for 24 hours immediately
preceding the scheduled time of the drawing.
(d) For an election held at county expense or a city election,
on receipt of a candidate's written request accompanied by a
stamped, self-addressed envelope, the authority conducting the
drawing shall mail written notice of the date, hour, and place of
the drawing to the candidate. For an election held by any other
political subdivision, the authority conducting the drawing shall
mail written notice of the date, hour, and place of the drawing
to each candidate, at the address stated on the candidate's
application for a place on the ballot, not later than the fourth
day before the date of the drawing.
(e) Each candidate affected by a drawing is entitled to be
present or have a representative present at the drawing.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 864, Sec. 52, eff. Sept. 1, 1997.
Sec. 52.095. PROPOSITIONS. Except as otherwise provided by law,
the authority ordering an election in which more than one measure
is to be voted on shall determine the order in which the
propositions are to appear on the ballot.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.