State Codes and Statutes

Statutes > Texas > Election-code > Title-14-election-contests > Chapter-242-contest-for-constitutional-executive-office

ELECTION CODE

TITLE 14. ELECTION CONTESTS

SUBTITLE C. CONTESTS IN OTHER TRIBUNALS

CHAPTER 242. CONTEST FOR CONSTITUTIONAL EXECUTIVE OFFICE

Sec. 242.001. APPLICABILITY OF CHAPTER. This chapter applies to

a contest of a general election for the office of governor,

lieutenant governor, comptroller of public accounts, land

commissioner, or attorney general.

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

by Acts 1997, 75th Leg., ch. 1423, Sec. 6.05, eff. Sept. 1, 1997.

Sec. 242.002. CONDUCT OF CONTEST GENERALLY. (a) Except as

otherwise provided by this chapter, the applicable provisions of

Chapter 241 govern an election contest under this chapter.

(b) Two copies of the petition and answer must be filed with the

secretary of state. The secretary shall deliver one copy of each

document to the presiding officer of each house of the

legislature. Security for costs must be filed with the chief

clerk of the house of representatives. Any cost bond must be

payable to both houses.

(c) The presiding officers of the two houses of the legislature

shall act jointly in appointing a master of discovery and in

setting the amount of and approving the sureties on a cost bond.

The master may be a member of either house.

(d) The presiding officers shall refer the contest to a

committee constituted in accordance with joint rules of the two

legislative houses. Unless otherwise provided by joint rule, the

referral is not effective until both presiding officers make the

referral.

(e) The committee shall make its report to both houses of the

legislature, and the two houses shall consider the report and

dispose of the contest in joint session.

(f) Any legislative rules applicable to a contest under this

chapter must be joint rules.

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

by Acts 1993, 73rd Leg., ch. 759, Sec. 10, eff. Sept. 1, 1993.

Sec. 242.003. CONTEST FOR OFFICE OF GOVERNOR OR LIEUTENANT

GOVERNOR. (a) This section applies only to a contest for the

office of governor or lieutenant governor.

(b) For purposes of a contest under this section, the date the

official result of the contested election is determined is the

date the governor completes the state canvass. The official

result is determined from the tabulation of the election returns

prepared by the secretary of state, except as provided by

Subsection (d).

(c) The secretary of state shall deliver a certified copy of the

tabulation to each of the presiding officers.

(d) The committee to which the contest is referred may treat the

tabulation as correct until the speaker of the house of

representatives opens and publishes the official election

returns. If a discrepancy exists between the tabulation and the

speaker's official count that might be material to a

determination of the contest, the committee shall investigate the

discrepancy to ascertain, if possible, the correct vote count.

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

by Acts 1989, 71st Leg., ch. 163, Sec. 10, eff. Sept. 1, 1989;

Acts 1993, 73rd Leg., ch. 759, Sec. 11, eff. Sept. 1, 1993.

Sec. 242.004. ACCELERATED ELECTION SCHEDULE. The time intervals

for conducting a special election to fill a vacancy in the office

of state senator or state representative occurring during a

regular legislative session apply to any election necessary under

the judgment in an election contest under this chapter.

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-242-contest-for-constitutional-executive-office

ELECTION CODE

TITLE 14. ELECTION CONTESTS

SUBTITLE C. CONTESTS IN OTHER TRIBUNALS

CHAPTER 242. CONTEST FOR CONSTITUTIONAL EXECUTIVE OFFICE

Sec. 242.001. APPLICABILITY OF CHAPTER. This chapter applies to

a contest of a general election for the office of governor,

lieutenant governor, comptroller of public accounts, land

commissioner, or attorney general.

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

by Acts 1997, 75th Leg., ch. 1423, Sec. 6.05, eff. Sept. 1, 1997.

Sec. 242.002. CONDUCT OF CONTEST GENERALLY. (a) Except as

otherwise provided by this chapter, the applicable provisions of

Chapter 241 govern an election contest under this chapter.

(b) Two copies of the petition and answer must be filed with the

secretary of state. The secretary shall deliver one copy of each

document to the presiding officer of each house of the

legislature. Security for costs must be filed with the chief

clerk of the house of representatives. Any cost bond must be

payable to both houses.

(c) The presiding officers of the two houses of the legislature

shall act jointly in appointing a master of discovery and in

setting the amount of and approving the sureties on a cost bond.

The master may be a member of either house.

(d) The presiding officers shall refer the contest to a

committee constituted in accordance with joint rules of the two

legislative houses. Unless otherwise provided by joint rule, the

referral is not effective until both presiding officers make the

referral.

(e) The committee shall make its report to both houses of the

legislature, and the two houses shall consider the report and

dispose of the contest in joint session.

(f) Any legislative rules applicable to a contest under this

chapter must be joint rules.

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

by Acts 1993, 73rd Leg., ch. 759, Sec. 10, eff. Sept. 1, 1993.

Sec. 242.003. CONTEST FOR OFFICE OF GOVERNOR OR LIEUTENANT

GOVERNOR. (a) This section applies only to a contest for the

office of governor or lieutenant governor.

(b) For purposes of a contest under this section, the date the

official result of the contested election is determined is the

date the governor completes the state canvass. The official

result is determined from the tabulation of the election returns

prepared by the secretary of state, except as provided by

Subsection (d).

(c) The secretary of state shall deliver a certified copy of the

tabulation to each of the presiding officers.

(d) The committee to which the contest is referred may treat the

tabulation as correct until the speaker of the house of

representatives opens and publishes the official election

returns. If a discrepancy exists between the tabulation and the

speaker's official count that might be material to a

determination of the contest, the committee shall investigate the

discrepancy to ascertain, if possible, the correct vote count.

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

by Acts 1989, 71st Leg., ch. 163, Sec. 10, eff. Sept. 1, 1989;

Acts 1993, 73rd Leg., ch. 759, Sec. 11, eff. Sept. 1, 1993.

Sec. 242.004. ACCELERATED ELECTION SCHEDULE. The time intervals

for conducting a special election to fill a vacancy in the office

of state senator or state representative occurring during a

regular legislative session apply to any election necessary under

the judgment in an election contest under this chapter.

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


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Statutes > Texas > Election-code > Title-14-election-contests > Chapter-242-contest-for-constitutional-executive-office

ELECTION CODE

TITLE 14. ELECTION CONTESTS

SUBTITLE C. CONTESTS IN OTHER TRIBUNALS

CHAPTER 242. CONTEST FOR CONSTITUTIONAL EXECUTIVE OFFICE

Sec. 242.001. APPLICABILITY OF CHAPTER. This chapter applies to

a contest of a general election for the office of governor,

lieutenant governor, comptroller of public accounts, land

commissioner, or attorney general.

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

by Acts 1997, 75th Leg., ch. 1423, Sec. 6.05, eff. Sept. 1, 1997.

Sec. 242.002. CONDUCT OF CONTEST GENERALLY. (a) Except as

otherwise provided by this chapter, the applicable provisions of

Chapter 241 govern an election contest under this chapter.

(b) Two copies of the petition and answer must be filed with the

secretary of state. The secretary shall deliver one copy of each

document to the presiding officer of each house of the

legislature. Security for costs must be filed with the chief

clerk of the house of representatives. Any cost bond must be

payable to both houses.

(c) The presiding officers of the two houses of the legislature

shall act jointly in appointing a master of discovery and in

setting the amount of and approving the sureties on a cost bond.

The master may be a member of either house.

(d) The presiding officers shall refer the contest to a

committee constituted in accordance with joint rules of the two

legislative houses. Unless otherwise provided by joint rule, the

referral is not effective until both presiding officers make the

referral.

(e) The committee shall make its report to both houses of the

legislature, and the two houses shall consider the report and

dispose of the contest in joint session.

(f) Any legislative rules applicable to a contest under this

chapter must be joint rules.

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

by Acts 1993, 73rd Leg., ch. 759, Sec. 10, eff. Sept. 1, 1993.

Sec. 242.003. CONTEST FOR OFFICE OF GOVERNOR OR LIEUTENANT

GOVERNOR. (a) This section applies only to a contest for the

office of governor or lieutenant governor.

(b) For purposes of a contest under this section, the date the

official result of the contested election is determined is the

date the governor completes the state canvass. The official

result is determined from the tabulation of the election returns

prepared by the secretary of state, except as provided by

Subsection (d).

(c) The secretary of state shall deliver a certified copy of the

tabulation to each of the presiding officers.

(d) The committee to which the contest is referred may treat the

tabulation as correct until the speaker of the house of

representatives opens and publishes the official election

returns. If a discrepancy exists between the tabulation and the

speaker's official count that might be material to a

determination of the contest, the committee shall investigate the

discrepancy to ascertain, if possible, the correct vote count.

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

by Acts 1989, 71st Leg., ch. 163, Sec. 10, eff. Sept. 1, 1989;

Acts 1993, 73rd Leg., ch. 759, Sec. 11, eff. Sept. 1, 1993.

Sec. 242.004. ACCELERATED ELECTION SCHEDULE. The time intervals

for conducting a special election to fill a vacancy in the office

of state senator or state representative occurring during a

regular legislative session apply to any election necessary under

the judgment in an election contest under this chapter.

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


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