CHAPTER 1. GENERAL PROVISIONS
ELECTION CODE
TITLE 1. INTRODUCTORY PROVISIONS
CHAPTER 1. GENERAL PROVISIONS
Sec. 1.001. SHORT TITLE. This code may be cited as the Election
Code.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 1.002. APPLICABILITY OF CODE. (a) This code applies to
all general, special, and primary elections held in this state.
(b) This code supersedes a conflicting statute outside this code
unless this code or the outside statute expressly provides
otherwise.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 1.003. CONSTRUCTION OF CODE. (a) The Code Construction
Act (Chapter 311, Government Code) applies to the construction of
each provision in this code, except as otherwise expressly
provided by this code.
(b) When a provision of this code provides that it supersedes
another specifically referenced provision of this code to the
extent of any conflict, no conflict is created by the failure of
the superseding provision, or of related provisions, to repeat
the substance of the referenced provision; rather, a conflict
exists only if the substance of the superseding and any related
provisions is irreconcilable with the substance of the referenced
provision. If the substance of the superseding provision,
together with any related provisions, and the substance of the
referenced provision can each be applied to the same subject or
set of circumstances, both provisions shall be given effect.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 54, Sec. 17, eff. Sept. 1, 1987.
Sec. 1.004. INTERNAL REFERENCES. In this code:
(1) a reference to a title, chapter, or section without further
identification is a reference to a title, chapter, or section of
this code; and
(2) a reference to a subtitle, subchapter, subsection,
subdivision, paragraph, or other numbered or lettered unit
without further identification is a reference to a unit of the
next larger unit of this code in which the reference appears.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 1.005. DEFINITIONS. In this code:
(1) "City secretary" includes a city clerk or, in a city that
has no city secretary or clerk, the city officer who performs the
duties of a city secretary.
(2) "County election precinct" means an election precinct
established under Section 42.001.
(3) "County office" means an office of the county government
that is voted on countywide.
(4) "District office" means an office of the federal or state
government that is not voted on statewide.
(5) "Final canvass" means the canvass from which the official
result of an election is determined.
(6) "General election" means an election, other than a primary
election, that regularly recurs at fixed dates.
(7) "General election for state and county officers" means the
general election at which officers of the federal, state, and
county governments are elected.
(8) "Gubernatorial general election" means the general election
held every four years to elect a governor for a full term.
(9) "Independent candidate" means a candidate in a nonpartisan
election or a candidate in a partisan election who is not the
nominee of a political party.
(10) "Law" means a constitution, statute, city charter, or city
ordinance.
(11) "Local canvass" means the canvass of the precinct election
returns.
(12) "Measure" means a question or proposal submitted in an
election for an expression of the voters' will.
(13) "Political subdivision" means a county, city, or school
district or any other governmental entity that:
(A) embraces a geographic area with a defined boundary;
(B) exists for the purpose of discharging functions of
government; and
(C) possesses authority for subordinate self-government through
officers selected by it.
(14) "Primary election" means an election held by a political
party under Chapter 172 to select its nominees for public office,
and, unless the context indicates otherwise, the term includes a
presidential primary election.
(15) "Proposition" means the wording appearing on a ballot to
identify a measure.
(16) "Registered voter" means a person registered to vote in
this state whose registration is effective.
(17) "Residence address" means the street address and any
apartment number, or the address at which mail is received if the
residence has no address, and the city, state, and zip code that
correspond to a person's residence.
(18) "Special election" means an election that is not a general
election or a primary election.
(19) "Statewide office" means an office of the federal or state
government that is voted on statewide.
(20) "Straight-party vote" means a vote by a single mark, punch,
or other action by the voter for all the nominees of one
political party and for no other candidates.
(21) "Uniform election date" means an election date prescribed
by Section 41.001.
(22) "Voting station" means the voting booth or other place
where voters mark their ballots or otherwise indicate their votes
at a polling place.
(23) "Voting year" means the 12-month period beginning January 1
of each year.
(24) "Presidential primary election" means an election held
under Subchapter A, Chapter 191, at which a political party's
voters are given an opportunity to express their preferences for
the party's presidential candidates, or for an "uncommitted"
status if provided by party rule, for the purpose of determining
the allocation of the party's delegates from this state to the
party's national presidential nominating convention.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 2, eff. Sept. 1,
1987; Acts 1987, 70th Leg., ch. 436, Sec. 9, eff. Sept. 1, 1989;
Acts 1987, 70th Leg., ch. 472, Sec. 52, eff. Sept. 1, 1989.
Sec. 1.006. EFFECT OF WEEKEND OR HOLIDAY. (a) If the last day
for performance of an act is a Saturday, Sunday, or legal state
or national holiday, the act is timely if performed on the next
regular business day, except as otherwise provided by this code.
(b) If the last day for performance of an act is extended under
Subsection (a), the extended date is used to determine any other
dates and deadlines, and the dates or times of any related
procedures, that are expressly required to be made on a date or
at a time determined in relation to the last day for performance
of the act.
(c) A declaration of ineligibility of a candidate is considered
to be the performance of an act under this section for purposes
of causing the candidate's name to be omitted from the ballot.
(d) The filing of a document, including a withdrawal request or
resignation, is considered to be the performance of an act under
this section for purposes of creating a vacancy to be filled at a
subsequent election.
(e) The death of a person is not considered to be the
performance of an act under this section.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 2003, 78th Leg., ch. 1316, Sec. 1, eff. Sept. 1, 2003.
Sec. 1.007. DELIVERING, SUBMITTING, AND FILING DOCUMENTS. (a)
When this code provides for the delivery, submission, or filing
of an application, notice, report, or other document or paper
with an authority having administrative responsibility under this
code, a delivery, submission, or filing with an employee of the
authority at the authority's usual place for conducting official
business constitutes filing with the authority.
(b) The authority to whom a delivery, submission, or filing is
required by this code to be made may accept the document or paper
at a place other than the authority's usual place for conducting
official business.
(c) A delivery, submission, or filing of a document or paper
under this code may be made by personal delivery, mail, or any
other method of transmission.
(d) Any other provision of this code supersedes this section to
the extent of any conflict.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 864, Sec. 1, eff. Sept. 1, 1997.
Sec. 1.008. TIMELINESS OF ACTION BY MAIL. When this code
requires an application, notice, report, or other document or
paper to be delivered, submitted, or filed within a specified
period or before a specified deadline, a delivery, submission, or
filing by first-class United States mail is timely, except as
otherwise provided by this code, if:
(1) it is properly addressed with postage prepaid; and
(2) it bears a post office cancellation mark indicating a time
within the period or before the deadline, or if the person
required to take the action furnishes satisfactory proof that it
was deposited in the mail within the period or before the
deadline.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 1.009. TIME OF RECEIPT OF MAILED DOCUMENT. (a) When this
code provides that an application, notice, or other document or
paper that is delivered, submitted, or filed by mail is
considered to be delivered, submitted, or filed at the time of
its receipt by the appropriate authority, the time of receipt is
the time at which a post office employee:
(1) places it in the actual possession of the authority or the
authority's agent; or
(2) deposits it in the authority's mailbox or at the usual place
of delivery for the authority's official mail.
(b) If the authority cannot determine the time at which a
deposit under Subsection (a)(2) occurred or whether it occurred
before a specified deadline, the deposit is considered to have
occurred at the time the mailbox or usual place of mail delivery,
as applicable, was last inspected for removal of mail.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 864, Sec. 2, eff. Sept. 1, 1997.
Sec. 1.010. AVAILABILITY OF OFFICIAL FORMS. (a) The office,
agency, or other authority with whom this code requires an
application, report, or other document or paper to be submitted
or filed shall make printed forms for that purpose, as officially
prescribed, readily and timely available.
(b) The authority shall furnish forms in a reasonable quantity
to a person requesting them for the purpose of submitting or
filing the document or paper.
(c) The forms shall be furnished without charge, except as
otherwise provided by this code.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 1.011. SIGNING DOCUMENT BY WITNESS. (a) When this code
requires a person to sign an application, report, or other
document or paper, except as otherwise provided by this code, the
document or paper may be signed for the person by a witness, as
provided by this section, if the person required to sign cannot
do so because of a physical disability or illiteracy.
(b) The person who cannot sign must affix the person's mark to
the document or paper, which the witness must attest. If the
person cannot make the mark, the witness must state that fact on
the document or paper.
(c) The witness must state on the document or paper the name, in
printed form, of the person who cannot sign.
(d) The witness must affix the witness's own signature to the
document or paper and state the witness's own name, in printed
form, near the signature. The witness must also state the
witness's residence address unless the witness is an election
officer, in which case the witness must state the witness's
official title.
(e) The procedure prescribed by this section must be conducted
in the presence of the person who cannot sign.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 864, Sec. 3, eff. Sept. 1, 1997.
Sec. 1.012. PUBLIC INSPECTION OF ELECTION RECORDS. (a) Subject
to Subsection (b), an election record that is public information
shall be made available to the public during the regular business
hours of the record's custodian.
(b) For the purpose of safeguarding the election records or
economizing the custodian's time, the custodian may adopt
reasonable rules limiting public access.
(c) Except as otherwise provided by this code or Chapter 552,
Government Code, all election records are public information.
(d) In this code, "election record" includes:
(1) anything distributed or received by government under this
code;
(2) anything required by law to be kept by others for
information of government under this code; or
(3) a certificate, application, notice, report, or other
document or paper issued or received by government under this
code.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1993, 73rd Leg., ch. 728, Sec. 1, eff. Sept. 1, 1993;
Acts 1995, 74th Leg., ch. 76, Sec. 5.95(88), eff. Sept. 1, 1995;
Acts 2003, 78th Leg., ch. 393, Sec. 1, eff. Sept. 1, 2003.
Sec. 1.013. DESTRUCTION OF RECORDS. After expiration of the
prescribed period for preserving voted ballots, election returns,
other election records, or other records that are preserved under
this code, the records may be destroyed or otherwise disposed of
unless, at the expiration of the preservation period, an election
contest or a criminal investigation or proceeding in connection
with an election to which the records pertain is pending. In that
case, the records shall be preserved until the contest,
investigation, or proceeding is completed and the judgment, if
any, becomes final.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 1.014. ELECTION EXPENSES. (a) Except as otherwise
provided by law, the expenses incurred in the conduct of a
general or special election shall be paid by the political
subdivision served by the authority ordering the election.
(b) Each county in the territory covered by an election ordered
by the governor shall pay the expenses incurred in that
particular county in the conduct of the election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 1.015. RESIDENCE. (a) In this code, "residence" means
domicile, that is, one's home and fixed place of habitation to
which one intends to return after any temporary absence.
(b) Residence shall be determined in accordance with the
common-law rules, as enunciated by the courts of this state,
except as otherwise provided by this code.
(c) A person does not lose the person's residence by leaving the
person's home to go to another place for temporary purposes only.
(d) A person does not acquire a residence in a place to which
the person has come for temporary purposes only and without the
intention of making that place the person's home.
(e) A person who is an inmate in a penal institution or who is
an involuntary inmate in a hospital or eleemosynary institution
does not, while an inmate, acquire residence at the place where
the institution is located.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 864, Sec. 4, eff. Sept. 1, 1997.
Sec. 1.017. INELIGIBILITY NO DEFENSE TO PROSECUTION. It is no
defense to prosecution under this code that a person who receives
an official ballot is ineligible to vote in the election for
which the ballot is received.
Added by Acts 2003, 78th Leg., ch. 393, Sec. 2, eff. Sept. 1,
2003.
Sec. 1.018. APPLICABILITY OF PENAL CODE. In addition to Section
1.03, Penal Code, and to other titles of the Penal Code that may
apply to this code, Title 4, Penal Code, applies to offenses
prescribed by this code.
Added by Acts 2003, 78th Leg., ch. 393, Sec. 2, eff. Sept. 1,
2003.
Sec. 1.019. REQUIRED EVIDENCE OR TESTIMONY. (a) A party to an
offense under this code may be required to furnish evidence or
testimony about the offense.
(b) Evidence or testimony required to be furnished under this
section, or information directly or indirectly derived from that
evidence or testimony, may not be used against the party
providing the evidence or testimony in a criminal case except for
a prosecution of aggravated perjury or contempt.
Added by Acts 2003, 78th Leg., ch. 393, Sec. 2, eff. Sept. 1,
2003.
Sec. 1.020. VOTING DISABILITY OR CANDIDACY DISQUALIFICATION:
DETERMINATION OF MENTAL INCAPACITY. (a) A person determined to
be totally mentally incapacitated by a court exercising probate
jurisdiction is not subject to a voting disability or candidacy
disqualification under this code if, subsequent to that
determination, the person's mental capacity has been completely
restored by a final judgment of a court exercising probate
jurisdiction.
(b) A person determined to be partially mentally incapacitated
without the right to vote by a court exercising probate
jurisdiction is not subject to a voting disability or candidacy
disqualification under this code if, subsequent to that
determination, the person's guardianship has been modified to
include the right to vote or the person's mental capacity has
been completely restored by a final judgment of a court
exercising probate jurisdiction.
Added by Acts 2007, 80th Leg., R.S., Ch.
614, Sec. 21, eff. September 1, 2007.