State Codes and Statutes

Statutes > Texas > Election-code > Title-14-election-contests > Chapter-233-contest-on-measure

ELECTION CODE

TITLE 14. ELECTION CONTESTS

SUBTITLE B. CONTESTS IN DISTRICT COURT

CHAPTER 233. CONTEST ON MEASURE

Sec. 233.001. APPLICABILITY OF CHAPTER. This chapter applies to

a contest of an election on a measure.

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

Sec. 233.002. CONTESTANT. One or more qualified voters of the

territory covered by an election on a measure may contest the

election.

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

Sec. 233.003. CONTESTEE. (a) The contestee must be at least

one of the following:

(1) the presiding officer of the final canvassing authority for

the contested election;

(2) the presiding officer of the authority that ordered the

contested election or the ordering authority, if ordered by an

individual; or

(3) if the person specified by Subdivision (1) or (2) is

incapacitated or cannot act for any other reason, another member

of the specified authority.

(b) The secretary of state must be a contestee in a contest of

an election on a proposed constitutional amendment or any other

statewide measure submitted by the legislature.

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

a contestee specified by this section or against the governmental

or political entity the contestee represents.

(d) A contestee specified by this section may not be required to

give bond on appeal.

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

Sec. 233.004. INTERVENTION. (a) The court may permit one or

more qualified voters of the territory covered by the contested

election to intervene as contestants or contestees.

(b) The court shall determine the extent to which each

intervenor may participate in the contest as the ends of justice

and orderly procedure require. However, the court must permit at

least one intervention on the side of the contestee, if requested

to do so, and must permit the intervening contestee to

participate fully in the conduct of the contest.

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

Sec. 233.005. VENUE. The venue of an election contest is:

(1) in Travis County if the contested election is statewide; or

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

the contested election if the election is less than statewide.

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

Sec. 233.006. FILING PERIOD FOR PETITION. (a) The contestant

may not file the petition in the contest earlier than the day

after election day.

(b) Except as provided by Section 233.014, the contestant must

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

official result of the contested election is determined.

(c) The 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. 70, eff. Sept. 1, 1997.

Sec. 233.007. FILING PERIOD FOR ANSWER. (a) A contestee must

file an answer to the contestant's petition not later than:

(1) 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 of the contested election is determined,

whichever is later, if the contested election is less than

statewide; or

(2) 10 a.m. of the 20th day after the date of service of

citation, if the contested election is statewide.

(b) 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. 233.008. 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. 233.009. NOTICE OF FILING AND OUTCOME OF CONTEST TO

AUTHORITY RECEIVING ELECTION CERTIFICATION. If the result of a

contested election is required to be certified to an authority

other than the authority that ordered the election, the authority

responsible for delivering the certification shall:

(1) include with the certification written notice of the filing

of the contest or, if the contest is filed after the

certification is delivered, deliver the notice promptly after the

contest is filed; and

(2) deliver to the authority receiving the certification written

notice of the outcome of the contest promptly after the judgment

becomes final.

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

Sec. 233.010. EFFECT OF CONTEST ON IMPLEMENTATION OF ADOPTED

MEASURE. (a) The filing of an election contest does not suspend

implementation of a contested measure that is shown by the

officially determined result to have been adopted, except that in

the application of equitable principles, the court in which an

election contest is filed may suspend implementation of the

contested measure pending outcome of the contest.

(b) Another law that provides that implementation may or may not

be suspended supersedes this section.

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

Sec. 233.011. NEW ELECTION ORDERED IF CONTESTED ELECTION VOID.

The court may not order a new election to be held if the

contested election is declared void, except that the court shall

include in its judgment an order directing the appropriate

authority to order a new election if the authority that ordered

the contested election was required by law to order it pursuant

to a petition requesting the election or requesting other action

making the holding of the election necessary.

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

Sec. 233.012. EFFECT OF VOID ELECTION. (a) The effect of a

void election with respect to a restriction on the authority to

order another election or on the time interval between elections

of the same or similar nature is the same as if the election had

not been held.

(b) If the authorization for ordering the election that was

declared void was conditioned on its being ordered or held before

a specified date and that condition was satisfied with respect to

the void election, the condition is also satisfied if another

election is ordered for a date not later than the 120th day after

the date the judgment declaring the contested election void

becomes final or the first day on which the election may lawfully

be held, whichever is later.

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

Sec. 233.013. CONSOLIDATION OF CONTEST. If more than one

election contest involving the same measure is filed, the actions

shall be consolidated.

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

Sec. 233.014. SPECIAL PROCEDURES FOR CONTEST OF CONSTITUTIONAL

AMENDMENT ELECTION. (a) This section applies only to a contest

of an election on a proposed constitutional amendment.

(b) The contestant's petition must be filed and service of

citation on the secretary of state must be obtained before the

final official canvass is completed.

(c) The declaration of the official result of a contested

election may not be made until the contest is finally determined.

The secretary of state shall tabulate the county returns and the

governor shall announce the final vote count, as ascertained from

the returns, in a written document. The document announcing the

final vote count must state that a contest of the election has

been filed and that the declaration of the official result will

not be made until the contest is finally determined.

(d) The trial date may not be earlier than the 45th day after

the date of the contested election unless the contestant requests

an earlier date.

(e) If an amended petition alleging additional grounds of

contest is filed, the contest may not be called for trial earlier

than the 20th day after the date the amended petition is filed

unless the secretary of state agrees to calling the contest for

trial at an earlier date.

(f) The court shall include in its judgment in a contest an

order directing the governor to declare the official result of

the election or to declare the election void, as appropriate, not

later than the 10th day after the date the judgment becomes

final.

(g) Any question relating to the validity or outcome of a

constitutional amendment election may be raised in an election

contest. A contest is the exclusive method for adjudicating such

questions.

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

by Acts 1989, 71st Leg., ch. 163, Sec. 9, eff. Sept. 1, 1989.

State Codes and Statutes

Statutes > Texas > Election-code > Title-14-election-contests > Chapter-233-contest-on-measure

ELECTION CODE

TITLE 14. ELECTION CONTESTS

SUBTITLE B. CONTESTS IN DISTRICT COURT

CHAPTER 233. CONTEST ON MEASURE

Sec. 233.001. APPLICABILITY OF CHAPTER. This chapter applies to

a contest of an election on a measure.

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

Sec. 233.002. CONTESTANT. One or more qualified voters of the

territory covered by an election on a measure may contest the

election.

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

Sec. 233.003. CONTESTEE. (a) The contestee must be at least

one of the following:

(1) the presiding officer of the final canvassing authority for

the contested election;

(2) the presiding officer of the authority that ordered the

contested election or the ordering authority, if ordered by an

individual; or

(3) if the person specified by Subdivision (1) or (2) is

incapacitated or cannot act for any other reason, another member

of the specified authority.

(b) The secretary of state must be a contestee in a contest of

an election on a proposed constitutional amendment or any other

statewide measure submitted by the legislature.

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

a contestee specified by this section or against the governmental

or political entity the contestee represents.

(d) A contestee specified by this section may not be required to

give bond on appeal.

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

Sec. 233.004. INTERVENTION. (a) The court may permit one or

more qualified voters of the territory covered by the contested

election to intervene as contestants or contestees.

(b) The court shall determine the extent to which each

intervenor may participate in the contest as the ends of justice

and orderly procedure require. However, the court must permit at

least one intervention on the side of the contestee, if requested

to do so, and must permit the intervening contestee to

participate fully in the conduct of the contest.

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

Sec. 233.005. VENUE. The venue of an election contest is:

(1) in Travis County if the contested election is statewide; or

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

the contested election if the election is less than statewide.

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

Sec. 233.006. FILING PERIOD FOR PETITION. (a) The contestant

may not file the petition in the contest earlier than the day

after election day.

(b) Except as provided by Section 233.014, the contestant must

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

official result of the contested election is determined.

(c) The 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. 70, eff. Sept. 1, 1997.

Sec. 233.007. FILING PERIOD FOR ANSWER. (a) A contestee must

file an answer to the contestant's petition not later than:

(1) 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 of the contested election is determined,

whichever is later, if the contested election is less than

statewide; or

(2) 10 a.m. of the 20th day after the date of service of

citation, if the contested election is statewide.

(b) 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. 233.008. 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. 233.009. NOTICE OF FILING AND OUTCOME OF CONTEST TO

AUTHORITY RECEIVING ELECTION CERTIFICATION. If the result of a

contested election is required to be certified to an authority

other than the authority that ordered the election, the authority

responsible for delivering the certification shall:

(1) include with the certification written notice of the filing

of the contest or, if the contest is filed after the

certification is delivered, deliver the notice promptly after the

contest is filed; and

(2) deliver to the authority receiving the certification written

notice of the outcome of the contest promptly after the judgment

becomes final.

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

Sec. 233.010. EFFECT OF CONTEST ON IMPLEMENTATION OF ADOPTED

MEASURE. (a) The filing of an election contest does not suspend

implementation of a contested measure that is shown by the

officially determined result to have been adopted, except that in

the application of equitable principles, the court in which an

election contest is filed may suspend implementation of the

contested measure pending outcome of the contest.

(b) Another law that provides that implementation may or may not

be suspended supersedes this section.

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

Sec. 233.011. NEW ELECTION ORDERED IF CONTESTED ELECTION VOID.

The court may not order a new election to be held if the

contested election is declared void, except that the court shall

include in its judgment an order directing the appropriate

authority to order a new election if the authority that ordered

the contested election was required by law to order it pursuant

to a petition requesting the election or requesting other action

making the holding of the election necessary.

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

Sec. 233.012. EFFECT OF VOID ELECTION. (a) The effect of a

void election with respect to a restriction on the authority to

order another election or on the time interval between elections

of the same or similar nature is the same as if the election had

not been held.

(b) If the authorization for ordering the election that was

declared void was conditioned on its being ordered or held before

a specified date and that condition was satisfied with respect to

the void election, the condition is also satisfied if another

election is ordered for a date not later than the 120th day after

the date the judgment declaring the contested election void

becomes final or the first day on which the election may lawfully

be held, whichever is later.

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

Sec. 233.013. CONSOLIDATION OF CONTEST. If more than one

election contest involving the same measure is filed, the actions

shall be consolidated.

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

Sec. 233.014. SPECIAL PROCEDURES FOR CONTEST OF CONSTITUTIONAL

AMENDMENT ELECTION. (a) This section applies only to a contest

of an election on a proposed constitutional amendment.

(b) The contestant's petition must be filed and service of

citation on the secretary of state must be obtained before the

final official canvass is completed.

(c) The declaration of the official result of a contested

election may not be made until the contest is finally determined.

The secretary of state shall tabulate the county returns and the

governor shall announce the final vote count, as ascertained from

the returns, in a written document. The document announcing the

final vote count must state that a contest of the election has

been filed and that the declaration of the official result will

not be made until the contest is finally determined.

(d) The trial date may not be earlier than the 45th day after

the date of the contested election unless the contestant requests

an earlier date.

(e) If an amended petition alleging additional grounds of

contest is filed, the contest may not be called for trial earlier

than the 20th day after the date the amended petition is filed

unless the secretary of state agrees to calling the contest for

trial at an earlier date.

(f) The court shall include in its judgment in a contest an

order directing the governor to declare the official result of

the election or to declare the election void, as appropriate, not

later than the 10th day after the date the judgment becomes

final.

(g) Any question relating to the validity or outcome of a

constitutional amendment election may be raised in an election

contest. A contest is the exclusive method for adjudicating such

questions.

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

by Acts 1989, 71st Leg., ch. 163, Sec. 9, eff. Sept. 1, 1989.


State Codes and Statutes


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State Codes and Statutes

Statutes > Texas > Election-code > Title-14-election-contests > Chapter-233-contest-on-measure

ELECTION CODE

TITLE 14. ELECTION CONTESTS

SUBTITLE B. CONTESTS IN DISTRICT COURT

CHAPTER 233. CONTEST ON MEASURE

Sec. 233.001. APPLICABILITY OF CHAPTER. This chapter applies to

a contest of an election on a measure.

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

Sec. 233.002. CONTESTANT. One or more qualified voters of the

territory covered by an election on a measure may contest the

election.

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

Sec. 233.003. CONTESTEE. (a) The contestee must be at least

one of the following:

(1) the presiding officer of the final canvassing authority for

the contested election;

(2) the presiding officer of the authority that ordered the

contested election or the ordering authority, if ordered by an

individual; or

(3) if the person specified by Subdivision (1) or (2) is

incapacitated or cannot act for any other reason, another member

of the specified authority.

(b) The secretary of state must be a contestee in a contest of

an election on a proposed constitutional amendment or any other

statewide measure submitted by the legislature.

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

a contestee specified by this section or against the governmental

or political entity the contestee represents.

(d) A contestee specified by this section may not be required to

give bond on appeal.

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

Sec. 233.004. INTERVENTION. (a) The court may permit one or

more qualified voters of the territory covered by the contested

election to intervene as contestants or contestees.

(b) The court shall determine the extent to which each

intervenor may participate in the contest as the ends of justice

and orderly procedure require. However, the court must permit at

least one intervention on the side of the contestee, if requested

to do so, and must permit the intervening contestee to

participate fully in the conduct of the contest.

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

Sec. 233.005. VENUE. The venue of an election contest is:

(1) in Travis County if the contested election is statewide; or

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

the contested election if the election is less than statewide.

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

Sec. 233.006. FILING PERIOD FOR PETITION. (a) The contestant

may not file the petition in the contest earlier than the day

after election day.

(b) Except as provided by Section 233.014, the contestant must

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

official result of the contested election is determined.

(c) The 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. 70, eff. Sept. 1, 1997.

Sec. 233.007. FILING PERIOD FOR ANSWER. (a) A contestee must

file an answer to the contestant's petition not later than:

(1) 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 of the contested election is determined,

whichever is later, if the contested election is less than

statewide; or

(2) 10 a.m. of the 20th day after the date of service of

citation, if the contested election is statewide.

(b) 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. 233.008. 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. 233.009. NOTICE OF FILING AND OUTCOME OF CONTEST TO

AUTHORITY RECEIVING ELECTION CERTIFICATION. If the result of a

contested election is required to be certified to an authority

other than the authority that ordered the election, the authority

responsible for delivering the certification shall:

(1) include with the certification written notice of the filing

of the contest or, if the contest is filed after the

certification is delivered, deliver the notice promptly after the

contest is filed; and

(2) deliver to the authority receiving the certification written

notice of the outcome of the contest promptly after the judgment

becomes final.

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

Sec. 233.010. EFFECT OF CONTEST ON IMPLEMENTATION OF ADOPTED

MEASURE. (a) The filing of an election contest does not suspend

implementation of a contested measure that is shown by the

officially determined result to have been adopted, except that in

the application of equitable principles, the court in which an

election contest is filed may suspend implementation of the

contested measure pending outcome of the contest.

(b) Another law that provides that implementation may or may not

be suspended supersedes this section.

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

Sec. 233.011. NEW ELECTION ORDERED IF CONTESTED ELECTION VOID.

The court may not order a new election to be held if the

contested election is declared void, except that the court shall

include in its judgment an order directing the appropriate

authority to order a new election if the authority that ordered

the contested election was required by law to order it pursuant

to a petition requesting the election or requesting other action

making the holding of the election necessary.

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

Sec. 233.012. EFFECT OF VOID ELECTION. (a) The effect of a

void election with respect to a restriction on the authority to

order another election or on the time interval between elections

of the same or similar nature is the same as if the election had

not been held.

(b) If the authorization for ordering the election that was

declared void was conditioned on its being ordered or held before

a specified date and that condition was satisfied with respect to

the void election, the condition is also satisfied if another

election is ordered for a date not later than the 120th day after

the date the judgment declaring the contested election void

becomes final or the first day on which the election may lawfully

be held, whichever is later.

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

Sec. 233.013. CONSOLIDATION OF CONTEST. If more than one

election contest involving the same measure is filed, the actions

shall be consolidated.

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

Sec. 233.014. SPECIAL PROCEDURES FOR CONTEST OF CONSTITUTIONAL

AMENDMENT ELECTION. (a) This section applies only to a contest

of an election on a proposed constitutional amendment.

(b) The contestant's petition must be filed and service of

citation on the secretary of state must be obtained before the

final official canvass is completed.

(c) The declaration of the official result of a contested

election may not be made until the contest is finally determined.

The secretary of state shall tabulate the county returns and the

governor shall announce the final vote count, as ascertained from

the returns, in a written document. The document announcing the

final vote count must state that a contest of the election has

been filed and that the declaration of the official result will

not be made until the contest is finally determined.

(d) The trial date may not be earlier than the 45th day after

the date of the contested election unless the contestant requests

an earlier date.

(e) If an amended petition alleging additional grounds of

contest is filed, the contest may not be called for trial earlier

than the 20th day after the date the amended petition is filed

unless the secretary of state agrees to calling the contest for

trial at an earlier date.

(f) The court shall include in its judgment in a contest an

order directing the governor to declare the official result of

the election or to declare the election void, as appropriate, not

later than the 10th day after the date the judgment becomes

final.

(g) Any question relating to the validity or outcome of a

constitutional amendment election may be raised in an election

contest. A contest is the exclusive method for adjudicating such

questions.

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

by Acts 1989, 71st Leg., ch. 163, Sec. 9, eff. Sept. 1, 1989.


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