State Codes and Statutes
Statutes > Texas > Election-code > Title-14-election-contests > Chapter-231-contest-in-district-court-generally
ELECTION CODE
TITLE 14. ELECTION CONTESTS
SUBTITLE B. CONTESTS IN DISTRICT COURT
CHAPTER 231. CONTEST IN DISTRICT COURT GENERALLY
Sec. 231.001. APPLICABILITY OF SUBTITLE. This subtitle applies
to an election contest of which the district court has
jurisdiction.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 231.002. APPLICABILITY OF RULES GOVERNING CIVIL SUITS.
Except as otherwise provided by this subtitle, the rules
governing civil suits in the district court apply to an election
contest in the district court.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 231.003. ATTENDANCE ON LEGISLATURE NOT GROUND FOR
CONTINUANCE. Intended or actual attendance on a session of the
legislature by a party or an attorney for a party to an election
contest is not a ground for granting a continuance in the trial
of the contest.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 231.004. DISQUALIFICATION OF DISTRICT JUDGE. (a) The
judge of a judicial district that includes any territory covered
by a contested election that is less than statewide is
disqualified to preside in the contest.
(b) If a contest is filed in which a judge is disqualified under
Subsection (a), the district clerk shall promptly call the filing
to the attention of the judge. The judge shall promptly request
the presiding judge of the administrative judicial region to
assign a special judge to preside in the contest.
(c) A judge who resides in the territory covered by a contested
election is not eligible for assignment as a special judge for
the contest.
(d) Subsections (a), (b), and (c) do not apply to a contest of
an election for an office of a political party.
(e) In an election contest in which the district judge is
disqualified, until a special judge is assigned to preside over
the contest, the presiding judge of the administrative judicial
region may take any action regarding the contest that a district
judge may take if the contested election is:
(1) a primary election; or
(2) an election in which a runoff in the contested race is
necessary, according to the official returns, or will be
necessary if the contestant prevails.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1989, 71st Leg., ch. 2, Sec. 7.14, eff. Aug. 28, 1989.
Sec. 231.005. JURY TRIAL NOT ALLOWED. The district judge shall
decide the issues of fact in an election contest without a jury.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 231.006. COMPELLING PRODUCTION OF ELECTION RECORDS AND
ATTENDANCE OF ELECTION OFFICERS. The limitation on the distance
within which a witness may be compelled to attend the trial of a
civil suit does not apply to officers of a contested election or
custodians of records, equipment, or supplies of a contested
election who are subpoenaed to appear in the contest to give
testimony or to produce election records, ballot boxes, or other
tangible things.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 231.007. PROCEDURES FOR NEW ELECTION GENERALLY. (a) If a
judgment in an election contest orders that a new election be
held, as soon as practicable after the judgment becomes final,
the district court shall set the date for the new election. In
the case of a general or special election, the court shall direct
the appropriate authority to order the election for the date set
by the court. In the case of a primary election, the court shall
direct the appropriate officers of the political party to hold
the election on the date set.
(b) Except as otherwise provided by this subtitle, the new
election shall be held in the same manner as the contested
election.
(c) The district court may set the election for a date that
shortens the regular period for early voting, but the date must
make it possible for early voting by personal appearance to begin
not later than the 10th day before election day. In the order
setting the date for the election, the court shall also set the
date for beginning early voting by personal appearance if it is
not possible to begin on the regular day.
(d) In addition to public notice required by law, the district
court may require the new election to be publicized in the manner
prescribed by the court.
(e) If a function in the conduct of a new election for an office
would normally be performed by an officer who is a party to the
contest, the district court may designate another person to
perform the function and may fix a reasonable compensation for
the service, to be paid as other expenses of the election.
(f) The district court may shorten the normal period between
election day and the date of the official canvass.
(g) The district court retains jurisdiction of the contest until
the new election is completed and may make any orders the court
considers necessary to ensure its proper conduct.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.70; Acts 1991, 72nd
Leg., ch. 554, Sec. 41, eff. Sept. 1, 1991.
Sec. 231.008. DELIVERY OF CERTIFIED COPIES OF JUDGMENT. (a) As
soon as practicable after a judgment in an election contest
becomes final or, if the judgment orders that a new election be
held, after the district court sets the date for the new
election, the district clerk shall deliver certified copies of
the judgment as provided by this section. If the judgment orders
a new election, the clerk shall attach to each copy of the
judgment a certified copy of the order setting the election date
and any other order relating to the conduct of the election.
(b) If the judgment in a contest for an office affects the
preparation of the ballot for a succeeding election, the clerk
shall deliver a copy to the authority responsible for having the
official ballot prepared or, in the case of a statewide or
district office, to the authority responsible for certifying the
names of the candidates for placement on the ballot.
(c) If the judgment orders that a new general or special
election be held, the clerk shall deliver a copy to the authority
responsible for ordering the election. If the judgment orders a
new primary election, the clerk shall deliver a copy to the state
chair of the appropriate political party, in the case of a
statewide or district office, or to the county chair, in the case
of a county or precinct office.
(d) The clerk shall deliver a copy of the judgment to the
custodian of the election register for the final canvassing
authority in the contested election. The custodian shall record
in the register the judgment or an abstract of the judgment in
sufficient detail to show the outcome of the contest.
(e) The district judge may direct the clerk to furnish certified
copies of the judgment to other persons as necessary to
effectuate the judgment.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 864, Sec. 229, eff. Sept. 1, 1997.
Sec. 231.009. PRECEDENCE OF CONTEST ON APPEAL. An election
contest has precedence in the appellate courts and shall be
disposed of as expeditiously as practicable.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
State Codes and Statutes
Statutes > Texas > Election-code > Title-14-election-contests > Chapter-231-contest-in-district-court-generally
ELECTION CODE
TITLE 14. ELECTION CONTESTS
SUBTITLE B. CONTESTS IN DISTRICT COURT
CHAPTER 231. CONTEST IN DISTRICT COURT GENERALLY
Sec. 231.001. APPLICABILITY OF SUBTITLE. This subtitle applies
to an election contest of which the district court has
jurisdiction.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 231.002. APPLICABILITY OF RULES GOVERNING CIVIL SUITS.
Except as otherwise provided by this subtitle, the rules
governing civil suits in the district court apply to an election
contest in the district court.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 231.003. ATTENDANCE ON LEGISLATURE NOT GROUND FOR
CONTINUANCE. Intended or actual attendance on a session of the
legislature by a party or an attorney for a party to an election
contest is not a ground for granting a continuance in the trial
of the contest.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 231.004. DISQUALIFICATION OF DISTRICT JUDGE. (a) The
judge of a judicial district that includes any territory covered
by a contested election that is less than statewide is
disqualified to preside in the contest.
(b) If a contest is filed in which a judge is disqualified under
Subsection (a), the district clerk shall promptly call the filing
to the attention of the judge. The judge shall promptly request
the presiding judge of the administrative judicial region to
assign a special judge to preside in the contest.
(c) A judge who resides in the territory covered by a contested
election is not eligible for assignment as a special judge for
the contest.
(d) Subsections (a), (b), and (c) do not apply to a contest of
an election for an office of a political party.
(e) In an election contest in which the district judge is
disqualified, until a special judge is assigned to preside over
the contest, the presiding judge of the administrative judicial
region may take any action regarding the contest that a district
judge may take if the contested election is:
(1) a primary election; or
(2) an election in which a runoff in the contested race is
necessary, according to the official returns, or will be
necessary if the contestant prevails.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1989, 71st Leg., ch. 2, Sec. 7.14, eff. Aug. 28, 1989.
Sec. 231.005. JURY TRIAL NOT ALLOWED. The district judge shall
decide the issues of fact in an election contest without a jury.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 231.006. COMPELLING PRODUCTION OF ELECTION RECORDS AND
ATTENDANCE OF ELECTION OFFICERS. The limitation on the distance
within which a witness may be compelled to attend the trial of a
civil suit does not apply to officers of a contested election or
custodians of records, equipment, or supplies of a contested
election who are subpoenaed to appear in the contest to give
testimony or to produce election records, ballot boxes, or other
tangible things.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 231.007. PROCEDURES FOR NEW ELECTION GENERALLY. (a) If a
judgment in an election contest orders that a new election be
held, as soon as practicable after the judgment becomes final,
the district court shall set the date for the new election. In
the case of a general or special election, the court shall direct
the appropriate authority to order the election for the date set
by the court. In the case of a primary election, the court shall
direct the appropriate officers of the political party to hold
the election on the date set.
(b) Except as otherwise provided by this subtitle, the new
election shall be held in the same manner as the contested
election.
(c) The district court may set the election for a date that
shortens the regular period for early voting, but the date must
make it possible for early voting by personal appearance to begin
not later than the 10th day before election day. In the order
setting the date for the election, the court shall also set the
date for beginning early voting by personal appearance if it is
not possible to begin on the regular day.
(d) In addition to public notice required by law, the district
court may require the new election to be publicized in the manner
prescribed by the court.
(e) If a function in the conduct of a new election for an office
would normally be performed by an officer who is a party to the
contest, the district court may designate another person to
perform the function and may fix a reasonable compensation for
the service, to be paid as other expenses of the election.
(f) The district court may shorten the normal period between
election day and the date of the official canvass.
(g) The district court retains jurisdiction of the contest until
the new election is completed and may make any orders the court
considers necessary to ensure its proper conduct.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.70; Acts 1991, 72nd
Leg., ch. 554, Sec. 41, eff. Sept. 1, 1991.
Sec. 231.008. DELIVERY OF CERTIFIED COPIES OF JUDGMENT. (a) As
soon as practicable after a judgment in an election contest
becomes final or, if the judgment orders that a new election be
held, after the district court sets the date for the new
election, the district clerk shall deliver certified copies of
the judgment as provided by this section. If the judgment orders
a new election, the clerk shall attach to each copy of the
judgment a certified copy of the order setting the election date
and any other order relating to the conduct of the election.
(b) If the judgment in a contest for an office affects the
preparation of the ballot for a succeeding election, the clerk
shall deliver a copy to the authority responsible for having the
official ballot prepared or, in the case of a statewide or
district office, to the authority responsible for certifying the
names of the candidates for placement on the ballot.
(c) If the judgment orders that a new general or special
election be held, the clerk shall deliver a copy to the authority
responsible for ordering the election. If the judgment orders a
new primary election, the clerk shall deliver a copy to the state
chair of the appropriate political party, in the case of a
statewide or district office, or to the county chair, in the case
of a county or precinct office.
(d) The clerk shall deliver a copy of the judgment to the
custodian of the election register for the final canvassing
authority in the contested election. The custodian shall record
in the register the judgment or an abstract of the judgment in
sufficient detail to show the outcome of the contest.
(e) The district judge may direct the clerk to furnish certified
copies of the judgment to other persons as necessary to
effectuate the judgment.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 864, Sec. 229, eff. Sept. 1, 1997.
Sec. 231.009. PRECEDENCE OF CONTEST ON APPEAL. An election
contest has precedence in the appellate courts and shall be
disposed of as expeditiously as practicable.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
State Codes and Statutes
Statutes >
Texas >
Election-code >
Title-14-election-contests >
Chapter-231-contest-in-district-court-generally ELECTION CODE
TITLE 14. ELECTION CONTESTS
SUBTITLE B. CONTESTS IN DISTRICT COURT
CHAPTER 231. CONTEST IN DISTRICT COURT GENERALLY
Sec. 231.001. APPLICABILITY OF SUBTITLE. This subtitle applies
to an election contest of which the district court has
jurisdiction.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 231.002. APPLICABILITY OF RULES GOVERNING CIVIL SUITS.
Except as otherwise provided by this subtitle, the rules
governing civil suits in the district court apply to an election
contest in the district court.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 231.003. ATTENDANCE ON LEGISLATURE NOT GROUND FOR
CONTINUANCE. Intended or actual attendance on a session of the
legislature by a party or an attorney for a party to an election
contest is not a ground for granting a continuance in the trial
of the contest.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 231.004. DISQUALIFICATION OF DISTRICT JUDGE. (a) The
judge of a judicial district that includes any territory covered
by a contested election that is less than statewide is
disqualified to preside in the contest.
(b) If a contest is filed in which a judge is disqualified under
Subsection (a), the district clerk shall promptly call the filing
to the attention of the judge. The judge shall promptly request
the presiding judge of the administrative judicial region to
assign a special judge to preside in the contest.
(c) A judge who resides in the territory covered by a contested
election is not eligible for assignment as a special judge for
the contest.
(d) Subsections (a), (b), and (c) do not apply to a contest of
an election for an office of a political party.
(e) In an election contest in which the district judge is
disqualified, until a special judge is assigned to preside over
the contest, the presiding judge of the administrative judicial
region may take any action regarding the contest that a district
judge may take if the contested election is:
(1) a primary election; or
(2) an election in which a runoff in the contested race is
necessary, according to the official returns, or will be
necessary if the contestant prevails.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1989, 71st Leg., ch. 2, Sec. 7.14, eff. Aug. 28, 1989.
Sec. 231.005. JURY TRIAL NOT ALLOWED. The district judge shall
decide the issues of fact in an election contest without a jury.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 231.006. COMPELLING PRODUCTION OF ELECTION RECORDS AND
ATTENDANCE OF ELECTION OFFICERS. The limitation on the distance
within which a witness may be compelled to attend the trial of a
civil suit does not apply to officers of a contested election or
custodians of records, equipment, or supplies of a contested
election who are subpoenaed to appear in the contest to give
testimony or to produce election records, ballot boxes, or other
tangible things.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 231.007. PROCEDURES FOR NEW ELECTION GENERALLY. (a) If a
judgment in an election contest orders that a new election be
held, as soon as practicable after the judgment becomes final,
the district court shall set the date for the new election. In
the case of a general or special election, the court shall direct
the appropriate authority to order the election for the date set
by the court. In the case of a primary election, the court shall
direct the appropriate officers of the political party to hold
the election on the date set.
(b) Except as otherwise provided by this subtitle, the new
election shall be held in the same manner as the contested
election.
(c) The district court may set the election for a date that
shortens the regular period for early voting, but the date must
make it possible for early voting by personal appearance to begin
not later than the 10th day before election day. In the order
setting the date for the election, the court shall also set the
date for beginning early voting by personal appearance if it is
not possible to begin on the regular day.
(d) In addition to public notice required by law, the district
court may require the new election to be publicized in the manner
prescribed by the court.
(e) If a function in the conduct of a new election for an office
would normally be performed by an officer who is a party to the
contest, the district court may designate another person to
perform the function and may fix a reasonable compensation for
the service, to be paid as other expenses of the election.
(f) The district court may shorten the normal period between
election day and the date of the official canvass.
(g) The district court retains jurisdiction of the contest until
the new election is completed and may make any orders the court
considers necessary to ensure its proper conduct.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.70; Acts 1991, 72nd
Leg., ch. 554, Sec. 41, eff. Sept. 1, 1991.
Sec. 231.008. DELIVERY OF CERTIFIED COPIES OF JUDGMENT. (a) As
soon as practicable after a judgment in an election contest
becomes final or, if the judgment orders that a new election be
held, after the district court sets the date for the new
election, the district clerk shall deliver certified copies of
the judgment as provided by this section. If the judgment orders
a new election, the clerk shall attach to each copy of the
judgment a certified copy of the order setting the election date
and any other order relating to the conduct of the election.
(b) If the judgment in a contest for an office affects the
preparation of the ballot for a succeeding election, the clerk
shall deliver a copy to the authority responsible for having the
official ballot prepared or, in the case of a statewide or
district office, to the authority responsible for certifying the
names of the candidates for placement on the ballot.
(c) If the judgment orders that a new general or special
election be held, the clerk shall deliver a copy to the authority
responsible for ordering the election. If the judgment orders a
new primary election, the clerk shall deliver a copy to the state
chair of the appropriate political party, in the case of a
statewide or district office, or to the county chair, in the case
of a county or precinct office.
(d) The clerk shall deliver a copy of the judgment to the
custodian of the election register for the final canvassing
authority in the contested election. The custodian shall record
in the register the judgment or an abstract of the judgment in
sufficient detail to show the outcome of the contest.
(e) The district judge may direct the clerk to furnish certified
copies of the judgment to other persons as necessary to
effectuate the judgment.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 864, Sec. 229, eff. Sept. 1, 1997.
Sec. 231.009. PRECEDENCE OF CONTEST ON APPEAL. An election
contest has precedence in the appellate courts and shall be
disposed of as expeditiously as practicable.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
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