CHAPTER 221. GENERAL PROVISIONS

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ELECTION CODE

TITLE 14. ELECTION CONTESTS

SUBTITLE A. INTRODUCTORY PROVISIONS

CHAPTER 221. GENERAL PROVISIONS

Sec. 221.001. APPLICABILITY OF TITLE. This title does not apply

to:

(1) a general or special election for the office of United

States senator or United States representative;

(2) an election on a measure that is for advisory purposes only;

(3) a presidential primary election.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 35, eff. Sept. 1,

1987.

Sec. 221.002. JURISDICTION. (a) Except as otherwise provided

by this section, the district court has exclusive original

jurisdiction of an election contest.

(b) The senate and the house of representatives, in joint

session, have exclusive jurisdiction of a contest of a general

election for governor, lieutenant governor, comptroller of public

accounts, commissioner of the general land office, or attorney

general.

general or special election for state senator.

(d) The house of representatives has exclusive jurisdiction of a

contest of a general or special election for state

representative.

(e) The governor has exclusive jurisdiction of a contest of the

election of presidential electors.

(f) The court of appeals has appellate jurisdiction of contests

originating in the district court.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1989, 71st Leg., ch. 163, Sec. 8, eff. Sept. 1, 1989;

Acts 1997, 75th Leg., ch.1423, Sec. 6.04, eff. Sept. 1, 1997.

Sec. 221.003. SCOPE OF INQUIRY. (a) The tribunal hearing an

election contest shall attempt to ascertain whether the outcome

of the contested election, as shown by the final canvass, is not

the true outcome because:

(1) illegal votes were counted; or

(2) an election officer or other person officially involved in

the administration of the election:

(A) prevented eligible voters from voting;

(B) failed to count legal votes; or

(b) In this title, "illegal vote" means a vote that is not

legally countable.

another statute expanding the scope of inquiry in an election

contest.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 221.004. DEFAULT JUDGMENT NOT ALLOWED. A default judgment

may not be rendered in an election contest.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 221.005. DATE OF DETERMINATION OF OFFICIAL RESULT OF

ELECTION. Except as provided by Section 242.003, in this title

the date the official result of an election is determined is the

date the final canvassing authority for the election completes

its canvass for the office or measure involved in the contest. If

a new canvass is conducted following a recount, the date of the

official result is the date the authority completes its canvass

on the basis of the recount.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1989, 71st Leg., ch. 2, Sec. 7.13, eff. Aug. 28, 1989.

Sec. 221.006. EFFECT OF CONTEST ON CANVASS. Except as otherwise

provided by this title, the filing of an election contest before

the canvass of the contested election is completed does not

affect the canvassing process, and the result of the election

shall be determined and certified as if the contest had not been

filed.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 221.007. CONTESTEE IN CONTEST FILED BEFORE FINAL CANVASS.

(a) If a contest is filed before the official result of the

contested election is determined, the contestant may name as

contestee the person shown by the election returns at the time of

filing to be the appropriate contestee as determined under

Subtitle B or C.

(b) If the final canvass reveals that a necessary contestee as

determined under Subtitle B or C has not been named, the

contestant must name that contestee within the time limit

prescribed for filing the petition. Action taken before the

necessary contestee is named shall be set aside if it denies to

the contestee any right to which a contestee is entitled.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 221.008. EXAMINATION OF SECURED BALLOTS AND EQUIPMENT. A

tribunal hearing an election contest may cause secured ballot

boxes, voting machines, or other equipment used in the election

to be unsecured to determine the correct vote count or any other

fact that the tribunal considers pertinent to a fair and just

disposition of the contest.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 1078, Sec. 21, eff. Sept. 1, 1997;

Acts 2003, 78th Leg., ch. 1315, Sec. 55, eff. Jan. 1, 2004.

Amended by:

Acts 2005, 79th Leg., Ch.

1107, Sec. 2.17, eff. January 1, 2006.

Sec. 221.009. COMPELLING VOTER TO REVEAL VOTE. (a) A voter who

cast an illegal vote may be compelled, after the illegality has

been established to the satisfaction of the tribunal hearing the

contest, to disclose the name of the candidate for whom the voter

voted or how the voter voted on a measure if the issue is

relevant to the election contest.

(b) If the number of illegal votes is equal to or greater than

the number of votes necessary to change the outcome of an

election, the tribunal may declare the election void without

attempting to determine how individual voters voted.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 228, eff. Sept. 1, 1997.

Sec. 221.010. SECONDARY EVIDENCE FOR UNAVAILABLE BALLOTS. If an

examination of ballots is needed in an election contest and the

ballots are lost, destroyed, or otherwise beyond the reach of the

tribunal, the voters who cast the ballots may testify as to how

they voted.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 221.011. ILLEGAL VOTES SUBTRACTED. (a) If the tribunal

hearing an election contest can ascertain the candidate or side

of a measure for which an illegal vote was cast, the tribunal

shall subtract the vote from the official total for the candidate

or side of the measure, as applicable.

(b) If the tribunal finds that illegal votes were cast but

cannot ascertain how the voters voted, the tribunal shall

consider those votes in making its judgment.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 221.012. TRIBUNAL'S ACTION ON CONTEST. (a) If the

tribunal hearing an election contest can ascertain the true

outcome of the election, the tribunal shall declare the outcome.

(b) The tribunal shall declare the election void if it cannot

ascertain the true outcome of the election.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 221.013. COSTS OF CONTEST WHEN ELECTION DECLARED VOID. (a)

If a contested election is declared void, the tribunal shall

assess the costs of the contest equally against the contestant

and the contestee unless the tribunal, for good cause stated in

the order assessing the costs, determines that they should be

assessed otherwise.

(b) Subsection (a) does not authorize assessment of costs

against a contestee who is exempt from payment of costs by this

title.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 221.014. EXPENSES OF NEW ELECTION ORDERED IN ELECTION

CONTEST. (a) Except as provided by Subsections (b) and (c), the

expenses of a new election ordered by a tribunal in an election

contest are paid from the same fund and by the same authority

that paid the expenses of the contested election.

(b) The county shall pay the expenses of a new election ordered

in the contest of a local option election that was financed from

money deposited by the applicants for the petition requesting the

election.

election were required to make a deposit to be used,

conditionally or unconditionally, for paying the election

expenses, the district court shall determine the allocation of

the expenses of the contested election and new election.

(d) The secretary of state shall prescribe procedures for

payment of the expenses of a court-ordered primary election.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1235, Sec. 23, eff. September 1, 2009.

Sec. 221.015. RIGHT TO OCCUPY OFFICE INVOLVED IN CONTEST. (a)

If the official result of a contested election shows that the

contestee won, on qualifying as provided by law the contestee is

entitled to occupy the office after the beginning of the term for

which the election was held, pending the determination of the

contest. If the final judgment does not change the official

result, the contestee is entitled to continue in office without

again qualifying for the office.

(b) If a final judgment declaring the contestant elected is

rendered after the beginning of the term for which the contested

election was held, on qualifying as provided by law the

contestant shall assume office as soon as practicable after the

judgment becomes final.

emoluments of the office that accrue during the period of

occupancy. A contestant who gains the office is not entitled to

emoluments for any period before the contestant assumes office.

(d) If the final judgment declares the election void, the

vacancy is created as of the later of the date of the judgment or

the first day of the term for which the contested election was

held. A person who occupies the office pending the outcome of the

new election, either as a constitutional holdover from the prior

term or through other law, is entitled to receive the emoluments

of office until the successor qualifies for the office after the

new election.

(e) The person elected at the new election must qualify for the

office as if no contest had occurred.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1993, 73rd Leg., ch. 759, Sec. 5, eff. Sept. 1, 1993.

Sec. 221.016. PRESERVATION OF CONTEST PAPERS. (a) The papers

of a contest in the district court shall be preserved under the

rules applicable to the papers in a civil suit.

(b) The papers of a contest in a tribunal other than a court

shall be preserved for 10 years after the date the contest is

disposed of and shall then be transferred to the state library.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 221.017. EFFECT OF STATUTES OUTSIDE CODE. A statute

outside this code that relates to contests of a particular type

of election supersedes this code to the extent of any conflict.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 221.018. EXAMINATION OF CERTAIN CONFIDENTIAL INFORMATION.

(a) Notwithstanding Section 84.0021(b), the tribunal hearing an

election contest may examine the information contained in an

application under Section 84.0021 relating to the address at

which the applicant is registered to vote.

(b) Information may be examined under this section only for the

purpose of hearing an election contest.

Added by Acts 2007, 80th Leg., R.S., Ch.

1295, Sec. 9, eff. June 15, 2007.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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