CHAPTER 241. CONTEST FOR STATE SENATOR OR REPRESENTATIVE

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ELECTION CODE

TITLE 14. ELECTION CONTESTS

SUBTITLE C. CONTESTS IN OTHER TRIBUNALS

CHAPTER 241. CONTEST FOR STATE SENATOR OR REPRESENTATIVE

Sec. 241.001. APPLICABILITY OF CHAPTER. This chapter applies to

a contest of a general or special election for the office of

state senator or state representative.

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

Sec. 241.002. PARTIES. The provisions of this title relating to

who may be or is required to be a party in an election contest in

the district court apply to a contest under this chapter.

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

Sec. 241.003. PETITION. (a) The contestant must state the

grounds for the contest in a petition in the same manner as a

petition in an election contest in the district court.

(b) The contestant must file the petition with the secretary of

state not later than the seventh day after the date the official

result of the contested election is determined. The contestant

must deliver a copy of the petition to the contestee by the same

deadline.

of state or deliver the copy to the contestee before the day

after the date of the contested election.

(d) Section 1.006 does not apply to this section.

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

by Acts 1993, 73rd Leg., ch. 759, Sec. 6, eff. Sept. 1, 1993.

Sec. 241.004. ANSWER. (a) The contestee must reply to the

contestant's petition in an answer in the same manner as an

answer to a petition in an election contest in the district

court.

(b) The contestee must file the answer with the secretary of

state not later than the seventh day after the date the contestee

receives the copy of the petition. The contestee must deliver a

copy of the answer to the contestant by the same deadline.

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

by Acts 1993, 73rd Leg., ch. 759, Sec. 7, eff. Sept. 1, 1993.

Sec. 241.005. METHOD OF DELIVERING CONTEST PAPERS TO PARTIES.

(a) The copies of the petition and answer must be delivered to

the parties by:

(1) personal delivery; or

(2) registered or certified mail, return receipt requested.

(b) Any adult resident of the state may perform the personal

delivery. If the party to whom delivery is intended cannot be

found in the party's county of residence, the delivery may be

completed by leaving the document at the party's usual place of

abode or business with a person who is 16 years of age or older.

is delivered to the contestant's attorney of record or left at

the attorney's regular office with a person who is 16 years of

age or older.

(d) A copy of a petition delivered by mail must be marked for

restricted delivery to the addressee only. The delivery is

sufficient if the copy is mailed to the contestee's regular

residence or business address.

(e) If the contestant's petition states an address to which the

copy of the answer is to be delivered, a copy delivered by mail

must be mailed to that address. Otherwise, delivery of a copy of

an answer by mail is sufficient if the copy is mailed to the

contestant at the contestant's regular residence or business

address or to the contestant's attorney of record at the

attorney's regular business address.

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

Sec. 241.006. DELIVERY OF CONTEST PAPERS TO PRESIDING OFFICER.

(a) On receipt of a petition or answer, the secretary of state

shall enter the date of filing on the document. If the document

is filed by mail, the secretary shall attach to the document the

envelope in which it was mailed.

(b) The secretary of state shall deliver a petition to the

president of the senate or the speaker of the house of

representatives, as appropriate, as soon as possible but not

later than the day after the date the petition is received. The

secretary shall deliver an answer to the appropriate presiding

officer as soon as possible but not later than the day after the

date of its receipt.

secretary's certified statement of the total votes cast for each

candidate for the office as shown by the final canvass. If the

final canvass has not been completed, the statement shall be

delivered as soon as practicable thereafter.

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

by Acts 1993, 73rd Leg., ch. 759, Sec. 8, eff. Sept. 1, 1993.

Sec. 241.0061. SECURITY FOR COSTS. (a) Not later than the

third day after the date the contestee's answer is received by

the presiding officer of the house having jurisdiction, the

contestant must file with the secretary of the senate or chief

clerk of the house of representatives, as appropriate:

(1) a cost bond payable to the appropriate house and to the

contestee in the amount of $5,000, having sufficient sureties

approved by the presiding officer, and conditioned that the

contestant will pay all costs of the contest assessed against the

contestant;

(2) a cash deposit in lieu of bond; or

(3) an affidavit of inability to pay costs.

(b) Security for costs must be filed under Subsection (a), and

an affidavit of inability to pay costs may be contested, in the

manner generally applicable to a civil suit in the district

court, subject to any changes imposed by the master or by rules

of the house having jurisdiction.

Added by Acts 1993, 73rd Leg., ch. 759, Sec. 9, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 864, Sec. 231, eff.

Sept. 1, 1997.

Sec. 241.007. RUNOFF DELAYED. (a) If a special election for

which a runoff is necessary according to the official result is

contested, the secretary of state shall promptly notify the

governor in writing of the contest when the canvass is completed

or the petition is received, whichever is later.

(b) The governor shall delay ordering the runoff pending the

outcome of the contest.

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

Sec. 241.008. PRESIDING OFFICER AS PARTY. If the presiding

officer of the house having jurisdiction is a party to a contest,

the house shall elect one of its members to perform the duties of

the presiding officer with respect to the contest. The chair of

the house's committee on administration shall perform those

duties until the substitute is elected.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 232, eff. Sept. 1, 1997.

Sec. 241.009. MASTER OF DISCOVERY. (a) As soon as practicable

after receiving the contestee's answer, the presiding officer of

the house having jurisdiction shall appoint a master of discovery

to supervise discovery proceedings and the taking of depositions,

to issue any necessary process, to receive and report evidence,

and to perform any other duties assigned by the presiding officer

or by the committee to which the contest is referred.

(b) The master must be a member of the house in which the

contest is pending.

master's authority in the same manner as a civil court in

appointing a master in chancery.

(d) The master acts under the direction of the presiding officer

before the case is referred to a committee and acts under the

direction of the committee after the referral.

(e) The master's rulings are subject to review by the committee

to which the contest is referred unless otherwise provided by

rules of the house.

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

by Acts 1993, 73rd Leg., ch. 759, Sec. 9, eff. Sept. 1, 1993.

Sec. 241.0091. FRIVOLOUS PETITION. (a) The master may on the

master's own motion, or shall on the motion of the committee,

determine whether the contestant's petition is frivolous or

otherwise does not state the grounds necessary to maintain the

contest.

(b) After making a determination under Subsection (a), the

master shall promptly deliver to the committee a report stating

the findings. The report to the committee may include any

recommendation the master considers appropriate.

Added by Acts 1993, 73rd Leg., ch. 759, Sec. 9, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 864, Sec. 233, eff.

Sept. 1, 1997.

Sec. 241.010. DISCOVERY AND DEPOSITIONS. (a) Any party to a

contest may conduct discovery and take depositions under the

procedures applicable to a civil suit in the district court,

subject to changes in those procedures or limitations imposed by

the master or by rules of the house in which the contest is

pending.

(b) Each party is responsible for the initial payment of the

party's costs of discovery and taking depositions, but the costs

may be assessed as provided by Section 241.025.

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

Sec. 241.011. REFERRAL OF CONTEST TO COMMITTEE; HEARING BY

COMMITTEE. (a) As soon as practicable after receiving the

contestee's answer, the presiding officer of the house in which

the contest is pending shall refer the contest to a special

committee, a standing committee, or a committee of the whole, as

provided by rules of the house.

(b) The committee shall promptly set a time and place for

hearing the contest. After notice to the parties, the committee

shall investigate the issues raised by the contest, hearing all

legal evidence presented by the parties, except as provided by

Subsection (c).

presented in person by the parties if the master determines under

Section 241.0091 that the contestant's petition is frivolous or

otherwise groundless.

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

by Acts 1993, 73rd Leg., ch. 759, Sec. 9, eff. Sept. 1, 1993.

Sec. 241.012. HEARING PROCEDURE. The procedure for the

committee hearing of an election contest shall be prescribed by

rules of the house in which the contest is pending.

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

Sec. 241.013. EVIDENCE. Except as otherwise provided by house

rules, the rules of evidence generally applicable to a civil suit

in the district court apply to the hearing of an election

contest.

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

Sec. 241.014. ATTENDANCE OF WITNESSES. (a) The committee to

which an election contest is referred has the same authority as

other legislative committees to compel attendance of witnesses

and production of evidence without the necessity for an express

authorization by resolution, rule, or other action of the house

creating the committee.

(b) The law generally applicable to the issuance and service of

process in legislative committee hearings applies to the hearing

of a contest.

subsistence expenses in accordance with the laws applicable to

in-state travel for state employees.

(d) Each party is responsible for the initial payment of the

costs for service of process and attendance of witnesses at the

party's request, but the costs may be assessed as provided by

Section 241.025.

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

Sec. 241.015. COMMITTEE REPORT. (a) Except as provided by

Section 241.019, as soon as practicable after completing its

hearing on a contest, the committee shall make a written report

of its findings of fact and conclusions of law with respect to

the contest to the house in which the contest is pending. The

report may include any recommendation the committee considers

appropriate.

(b) The committee shall accompany its report with all the papers

in the contest and the evidence presented to the committee.

of the senate or the chief clerk of the house of representatives,

as appropriate.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 234, eff. Sept. 1, 1997.

Sec. 241.016. MINORITY REPORT. Any member of the committee

dissenting from the views of the majority may file a minority

report.

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

Sec. 241.017. WITHDRAWAL OF CONTEST. (a) A contestant may

withdraw the election contest at any time before the filing of

the committee report by filing with the committee chair and the

presiding officer of the house a written statement of withdrawal

signed by the contestant or the contestant's attorney.

(b) On withdrawal of the contest, the contest is dismissed and

the presiding officer shall have the statement of withdrawal read

into the journal of the appropriate house.

as provided by Section 241.025.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 235, eff. Sept. 1, 1997.

Sec. 241.018. DISPOSITION OF CONTEST BY HOUSE. (a) Except as

provided by Section 241.019, the house in which a contest is

pending shall dispose of the contest as provided by this section.

(b) As soon as practicable after the committee report on the

contest is filed, the house shall set a date for consideration of

the report.

Section 221.012.

(d) A contestee may not vote on any matter involving the

contest.

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

Sec. 241.019. DISPOSITION OF CONTEST BY COMMITTEE. The

committee to which a contest of a special election is referred

shall take action on the contest as prescribed by Section 221.012

if:

(1) no candidate received a majority of the votes according to

the official result of the election;

(2) the legislature is not in session on the date the

contestant's petition is filed with the secretary of state, or,

if it is in session, the session will end before the 25th day

after the date the petition is filed;

(3) no session of the legislature is scheduled to begin within

30 days after the date the petition is filed; and

(4) the legislature is not in session on the date the committee

completes its hearing, and no session is scheduled to begin

within 30 days after that date.

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

Sec. 241.020. NEW ELECTION ORDERED IF CONTESTED ELECTION VOID.

In an election contest in which the election is declared void,

the house or committee, as appropriate, shall include in its

judgment an order directing the governor to order a new election.

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

Sec. 241.021. DELIVERY OF CERTIFIED COPIES OF JUDGMENT. (a)

After the judgment in a contest is rendered, the secretary of the

senate or the chief clerk of the house of representatives, as

appropriate, shall promptly deliver a certified copy of the

judgment to the secretary of state.

(b) If another election is necessary under the judgment, the

secretary of the senate or chief clerk of the house of

representatives shall promptly deliver a certified copy of the

judgment to the governor.

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

Sec. 241.022. PROCEDURES FOR NEW ELECTION GENERALLY. (a) If

the contested election is declared void, the new election shall

be held in the same manner as the contested election, except as

otherwise provided by this chapter.

(b) Section 232.050 applies to the ballot form for the new

election.

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

Sec. 241.023. ACCELERATED ELECTION SCHEDULE. If another

election is necessary under the judgment in an election contest,

the applicable time intervals for conducting a special election

for state senator or state representative apply if the judgment

is rendered:

(1) during a regular legislative session; or

(2) within 60 days before the date a legislative session is

convened.

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

Sec. 241.024. CANDIDATES IN NEW ELECTION. (a) The candidates

in a new election ordered in an election contest in which the

election is declared void under this chapter are determined in

accordance with the applicable provisions of Chapter 232,

Subchapter B, prescribing the candidates in a new election

ordered by a court.

(b) In a new election in which replacement candidates are

permitted on the ballot, the governor shall set the filing

deadlines that are set by the district court in a new election

ordered by a court.

new election.

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

Sec. 241.025. COSTS OF CONTEST. (a) Subject to Section

221.013(a), the house considering an election contest may assess

the costs of the contest against any one or more of the parties,

except that costs may not be assessed against a contestee who

prevails in the contest.

(b) In a contest covered by Section 241.019, the committee

determines how the costs are to be assessed.

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

State Codes and Statutes

State Codes and Statutes

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State Codes and Statutes

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