CHAPTER 232. CONTESTS FOR OFFICE

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ELECTION CODE

TITLE 14. ELECTION CONTESTS

SUBTITLE B. CONTESTS IN DISTRICT COURT

CHAPTER 232. CONTESTS FOR OFFICE

SUBCHAPTER A. TRIAL AND DISPOSITION OF CONTEST

Sec. 232.001. APPLICABILITY OF CHAPTER. This chapter applies to

a contest of an election for nomination or election to a public

office or an office of a political party.

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

Sec. 232.002. CONTESTANT. Any candidate in an election may

contest the election.

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

Sec. 232.003. CONTESTEE: GENERAL RULE. (a) If a contested

election is for nomination or election to an office for which

only one person is to be nominated or elected, the contestee is:

(1) the opposing candidate who is officially determined to be

nominated or elected, or in the case of a tie for the most votes,

each of the opposing tied candidates; or

(2) if the final official canvass shows that a runoff election

is necessary to decide the nomination or election:

(A) each of the opposing candidates shown by the canvass to be

entitled to or tied for a place on the runoff ballot if the

contestant is not so entitled or tied; or

(B) the opposing candidate or candidates shown by the canvass to

be entitled to or tied for a place on the runoff ballot if the

contestant is so entitled or tied.

(b) If a contested election is for election to an office for

which more than one person is to be elected from the same set of

candidates, any one or more of the candidates who are officially

determined to be elected or to be tied with another candidate for

election may be a contestee. The court may require the joinder of

any of the candidates who are not named as contestees.

section is exclusive as to the persons who may be named contestee

in an election contest.

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

Sec. 232.004. SUBSTITUTE CONTESTEE. (a) A contestant may name

as a substitute contestee the presiding officer of the final

canvassing authority for the election if:

(1) a deceased or ineligible candidate receives a sufficient

number of votes for nomination or election according to the

official result of the contested election;

(2) a candidate who could have been named as contestee under

Section 232.003 dies or is declared ineligible before the contest

is filed; or

(3) a contestee dies while a contest is pending.

(b) The costs of an election contest may not be assessed against

a contestee named under Subsection (a) or against the

governmental or political entity the contestee represents.

person is appointed to a resulting vacancy in the office or in

the nomination for the office, the contestant may name the

appointee as a substitute contestee or the appointee may

intervene on the side of the contestee.

(d) In any of the circumstances described by Subsection (a), the

district court may permit one or more qualified voters who voted

in the election to intervene for the purpose of representing the

interests of the voters who voted for the deceased or ineligible

candidate.

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

Sec. 232.005. ADDITIONAL CONTESTEE. The district court may

require or permit any one or more candidates in a contested

election to be named as contestee or may permit the candidates to

intervene on the side of the contestee, as the court determines

the circumstances warrant.

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

Sec. 232.006. VENUE. (a) The venue of an election contest for

a statewide office is in Travis County.

(b) The venue of a contest for an office less than statewide

that is filled by voters of more than one county is:

(1) in the county in which the contestee or any one of the

contestees named under Section 232.003 resides if the residence

is in the territory covered by the election; or

(2) in any county wholly or partly in the territory covered by

the election if:

(A) no contestee named under Section 232.003 resides in that

territory; or

(B) none of the contestees is named under Section 232.003.

only one county is in that county.

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

Sec. 232.007. RUNOFF NOT HELD UNTIL FINAL JUDGMENT. (a) A

runoff election for a contested office may not be held until the

judgment in the contest becomes final.

(b) This section does not affect the conduct of a regularly

scheduled runoff for another office that was voted on at the same

election as the contested office or at an election held jointly

with the election in which the contested office was voted on.

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

Sec. 232.008. FILING PERIOD FOR PETITION. (a) A contestant may

not file the petition in an election contest earlier than the day

after election day.

(b) Except as provided by Subsection (c), a contestant must file

the petition not later than the 30th day after the date the

official result of the contested election is determined.

day after the date the official result is determined in a contest

of:

(1) a primary election; or

(2) a general or special election for which a runoff is

necessary according to the official result or will be necessary

if the contestant prevails.

(d) A contestant must deliver a copy of the petition to the

secretary of state by the same deadline prescribed for the filing

of the petition.

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

by Acts 1997, 75th Leg., ch. 1349, Sec. 69, eff. Sept. 1, 1997.

Sec. 232.009. NOTICE OF CONTEST TO CANVASSING AUTHORITY. (a)

After an election contest is filed, the district clerk shall

promptly deliver written notice of the filing to the presiding

officer of the final canvassing authority for the contested

election if the election is:

(1) a primary election; or

(2) a general or special election for which a runoff is

necessary in the contested race according to the official result

or will be necessary if the contestant prevails.

(b) The officer receiving notice under Subsection (a) shall

deliver written notice to each authority to whom the names of the

candidates in the succeeding election are certified for placement

on the ballot that the contest has been filed and that the

certification is subject to the outcome of the contest. The

officer shall deliver the notice at the same time as the

certification or, if the certification is delivered before

receipt of notice under Subsection (a), as soon as practicable

after certification.

and the officer receiving notice under Subsection (a) is not the

authority or presiding officer of the authority that orders the

runoff election, the clerk shall deliver written notice of the

filing to that authority.

(d) The contestant in an election contest in which notice under

Subsection (a) is required must attach to the petition a

statement informing the clerk that the notice is required and

containing the name and address of each person to whom the notice

is required to be delivered.

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

Sec. 232.010. FILING PERIOD FOR ANSWER. A contestee in a

contest of a general or special election must file an answer to

the contestant's petition not later than 10 a.m. of the 10th day

after the date of service of citation on the contestee or 10 a.m.

of the fifth day after the date the official result in the

contested race is determined, whichever is later. The citation

must command the contestee to answer by the specified deadline.

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

Sec. 232.011. RETURN OF UNSERVED CITATION. The citation issued

in an election contest must direct the officer receiving the

citation to return it unserved if it is not served within 20 days

after the date of issuance.

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

Sec. 232.012. ACCELERATED PROCEDURES FOR TRIAL OF CERTAIN

CONTESTS. (a) This section applies only to the contest of an

election described by Section 232.008(c).

(b) When the contestant's petition is filed, the district clerk

shall immediately notify the district judge of the filing.

not later than 10 a.m. of the fifth day after the date of service

of citation on the contestee. The citation issued for the

contestee must command the contestee to answer by the specified

deadline and must direct the officer receiving the citation to

return it unserved if it is not served within 10 days after the

date of issuance.

(d) After the clerk receives the officer's return showing

service of citation, the clerk shall promptly notify the district

judge of that fact. The judge shall set the contest for trial for

a date not later than the fifth day after the date by which the

contestee must answer.

(e) The district judge may not grant a continuance in the trial

except:

(1) one time for a period not exceeding 10 days for good cause

supported by the affidavit of a party; or

(2) with the consent of the parties.

(f) The district judge may limit amendments to the pleadings of

a party after the party announces ready for trial.

(g) Subsections (e) and (f) do not apply to continuances or

amendments to pleadings for the purpose of bringing in a

substitute contestee following the death of a contestee.

(h) This section supersedes other provisions of this subchapter

to the extent of any conflict.

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

Sec. 232.013. RESCHEDULING RUNOFF FOR CONTESTED RACE. (a) If

the final judgment in an election contest necessitates a runoff

election in the contested race, the district judge shall set the

date for the runoff if the judge determines that lack of time

prevents the proper conduct of the runoff on the regularly

scheduled date. The runoff must be held on the same day of the

week as the regularly scheduled runoff.

(b) The date set for the runoff may not provide a longer

interval between the court order and the runoff than is required

or authorized by law between the main election and a regularly

scheduled runoff. The date may provide a shorter interval, but

the interval must make it possible for early voting by personal

appearance to begin not later than the 10th day before election

day.

period for early voting, the order setting the date of the

election must specify the date for beginning early voting by

personal appearance.

(d) If the contested election is a primary, the district clerk

shall deliver a certified copy of the order setting the date of

the runoff to the state chair of the 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.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.71; Acts 1991, 72nd

Leg., ch. 554, Sec. 42, eff. Sept. 1, 1991; Acts 1997, 75th Leg.,

ch. 864, Sec. 230, eff. Sept. 1, 1997.

Sec. 232.014. ACCELERATED APPEAL IN PRIMARY CONTEST. (a) This

section applies only to the contest of a primary election.

(b) To be timely, an appellant's bond, affidavit, or cash

deposit for costs of appeal must be made not later than the fifth

day after the date the district court's judgment in the contest

is signed. If the appellant is not required to give security for

the costs of appeal, the notice of appeal must be filed by the

same deadline.

of appeal, a challenge to the affidavit must be filed not later

than the fifth day after the date the affidavit is filed.

(d) As soon as practicable after an appeal in a contest is

perfected, the district judge shall set the deadline for filing

the trial court record in the appellate court. The judge may make

any other orders to expedite an appeal that are reasonable and

appropriate, including reducing the time normally allowed for

filing appellate briefs, subject to review by the appellate court

on motion of a party.

(e) The court of appeals may refuse to permit a motion for

rehearing to be filed or may reduce the time for filing the

motion.

(f) The decision of the court of appeals is not reviewable by

the supreme court by certified question or any other method.

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

Sec. 232.015. ACCELERATION OF APPEAL BY COURT IN CONTEST OF

GENERAL OR SPECIAL ELECTION. (a) The trial or appellate court

may accelerate the appeal in a contest of a general or special

election in a manner consistent with the procedures prescribed by

Section 232.014.

(b) Section 232.014(f) does not apply to a contest of a general

or special election.

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

Sec. 232.016. APPEAL SUSPENDS EXECUTION OF JUDGMENT. The

perfecting of an appeal in an election contest suspends the

execution of the district court's judgment pending the

disposition of the appeal without the necessity for a supersedeas

bond.

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

SUBCHAPTER B. COURT-ORDERED ELECTION FOLLOWING JUDGMENT OF VOID

ELECTION

Sec. 232.041. NEW ELECTION ORDERED IF CONTESTED ELECTION VOID.

In an election contest in which the contested election is

declared void, the court shall include in its judgment an order

directing the appropriate authority to order a new election.

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

Sec. 232.042. CANDIDATES IN NEW ELECTION. Except as otherwise

provided by this subchapter, the candidates in a new election

ordered by a court in an election contest are the same candidates

who were in the contested election.

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

Sec. 232.043. WRITE-IN VOTES IN NEW ELECTION. A write-in vote

in a new election ordered by a court in an election contest may

not be counted unless write-in votes were received by the

candidate in the contested election.

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

Sec. 232.044. WITHDRAWAL IN NEW ELECTION. The provisions of

this code governing withdrawal of candidates in the contested

election apply to the new election ordered by a court in an

election contest, except that:

(1) the district court shall set the deadline for withdrawal

from the new election; and

(2) a political party's executive committee may not make a

replacement nomination if the party's nominee withdraws from the

new election.

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

Sec. 232.045. DEATH OR INELIGIBILITY OF CANDIDATE IN NEW

ELECTION. (a) If a candidate in a new election ordered by a

court in an election contest dies or is declared ineligible

before the date on which the district court sets the date for the

new election, the candidate's name may not be placed on the

ballot for the new election.

(b) If a candidate in the new election dies or is declared

ineligible on or after the date on which the district court sets

the date for the new election, the candidate's name shall be

placed on the ballot, and votes for the candidate shall be given

the same effect as votes for a deceased or ineligible candidate

whose name appears on the ballot for a regularly held election

for the contested office.

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

Sec. 232.046. REPLACEMENT PARTY CANDIDATES IN NEW ELECTION:

GENERAL ELECTION FOR STATE AND COUNTY OFFICERS. (a) If a

candidate who was the nominee of a political party in a new

election ordered by a court in an election contest in which the

contested office was to have been filled at the general election

for state and county officers dies or is declared ineligible

before the date on which the district court sets the date for the

new election, the appropriate party executive committee may name

a replacement nominee in the same manner as the committee fills a

vacancy in a nomination in a regularly held election, except that

the district court shall set the deadline for certifying the name

of the replacement nominee for placement on the ballot.

(b) The district court may not set the certification deadline

for a date earlier than the fifth day after the date on which the

court sets the date for the new election.

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

Sec. 232.047. REPLACEMENT OF PARTISAN NOMINEE IN CITY ELECTION.

(a) If a candidate who is a nominee of a political organization

in a new election ordered by a court in an election contest

involving a city office for which partisan nominations are

permitted dies or is declared ineligible before the date on which

the district court sets the date for the new election, the

candidate may be replaced only by a replacement nominee named in

the manner prescribed by:

(1) a charter provision or ordinance of the city for filling a

vacancy in a partisan nomination; or

(2) the district court if there is no charter provision or

ordinance.

(b) The district court shall set the deadline for certifying the

name of the replacement nominee for placement on the ballot. The

deadline may not be earlier than the fifth day after the date the

court sets the date for the new election.

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

Sec. 232.048. RUNOFF FOLLOWING NEW ELECTION. (a) If no

candidate receives a majority vote in a new election ordered by a

court in the contest of an election in which a majority vote is

required, a runoff election shall be held:

(1) for a primary election contest, on the date set by the

district court in which the contest was heard, except as provided

by Subsection (c); or

(2) for a contest of a general or special election, on the date

set by the authority responsible for ordering the runoff

election.

(b) Sections 232.013(b), (c), and (d) apply to an election

ordered under Subsection (a) of this section.

ordered by a court in a primary election contest is the political

party's nominee, regardless of whether the candidate receives a

majority vote, if the date of the final canvass of the

court-ordered primary is on or after:

(1) the 85th day before the date of the succeeding general

election in the case of a statewide or district office; or

(2) the 75th day before the date of the succeeding general

election in the case of a county or precinct office.

(d) The district court for an election contest has the same

supervisory power over a runoff of the court-ordered election as

the court has over the court-ordered election.

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

Sec. 232.049. SECOND RUNOFF FOLLOWING CONTEST OF RUNOFF. If in

a new election ordered by a court in a contest of a runoff

election there are more than two candidates and no candidate

receives a majority vote, another runoff to determine the

nomination or election to the contested office shall be ordered

in accordance with Section 232.048, except as otherwise provided

by that section.

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

Sec. 232.050. BALLOT FORM AND ORDER OF NAMES ON BALLOT. (a)

Except as otherwise provided by this section, the provisions of

this code regulating ballot form and preparation apply to the

ballot for a new election ordered by a court in an election

contest.

(b) The district court hearing an election contest shall

prescribe the heading of the official ballot to be used in the

new election.

ballot, the candidates may be listed on the ballot in the

regularly prescribed manner or by office title with each

candidate's party alignment shown by printing the candidate's

political party next to the candidate's name.

(d) The requirement that a ballot on which a party nominee

appears must be arranged to permit casting a straight-party vote

does not apply to the ballot for the new election if fewer than

three offices are to appear on the ballot.

(e) The provisions of this code applicable to determining the

order in which candidates' names appear on the ballot apply to

the new election, except that the district court may authorize a

shorter period of notice of the drawing for candidates' ballot

positions.

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

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