CHAPTER 2. VOTE REQUIRED FOR ELECTION TO OFFICE
ELECTION CODE
TITLE 1. INTRODUCTORY PROVISIONS
CHAPTER 2. VOTE REQUIRED FOR ELECTION TO OFFICE
SUBCHAPTER A. ELECTION BY PLURALITY
Sec. 2.001. PLURALITY VOTE REQUIRED. Except as otherwise
provided by law, to be elected to a public office, a candidate
must receive more votes than any other candidate for the office.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 2.002. TIE VOTE. (a) Except as provided by Subsection
(f), (g), or (i), in an election requiring a plurality vote, if
two or more candidates for the same office tie for the number of
votes required to be elected, a second election to fill the
office shall be held.
(b) Not later than the fifth day after the date the automatic
recount required by Subsection (i) is completed or the final
canvass following the automatic recount is completed, if
applicable, the authority responsible for ordering the first
election shall order the second election. The second election
shall be held not earlier than the 20th day or later than the
30th day after the date the automatic recount required by
Subsection (i) is completed or the final canvass following the
automatic recount is completed, if applicable.
(c) The names of the tying candidates only shall be printed on
the ballot for the second election. Write-in votes are not
permitted. If either of the candidates is a party nominee, the
title of the office shall be listed on the ballot in a vertical
column with the name of each candidate listed below the office
title with each candidate's political party alignment next to the
name.
(d) The order of the candidates' names on the ballot shall be
determined by a drawing in accordance with Section 52.094.
(e) Notice of the second election shall be given in accordance
with Chapter 4 except that a notice under Section 4.003(a)(2) or
(b) must be posted not later than the 15th day before election
day.
(f) The tying candidates may agree to cast lots to resolve the
tie. The agreement must be filed with the authority responsible
for ordering the election. That authority or, if the authority is
a body, the body's presiding officer, shall supervise the casting
of lots.
(g) A tying candidate may resolve the tie by filing with the
authority described by Subsection (f) a written statement of
withdrawal signed and acknowledged by the candidate. On receipt
of the statement of withdrawal, the remaining candidate is the
winner, and a second election or casting of lots is not held.
(h) This section does not apply to elective offices of the
executive department specified by Article IV, Section 1, of the
Texas Constitution.
(i) If the tie vote is not resolved under Subsection (f) or (g),
an automatic recount shall be conducted in accordance with
Chapter 216 before the second election is held. If the recount
resolves the tie, the second election is not held.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 1349, Sec. 1, eff. Sept. 1, 1997;
Acts 2001, 77th Leg., ch. 851, Sec. 1, eff. Sept. 1, 2001.
SUBCHAPTER B. RUNOFF ELECTION
Sec. 2.021. RUNOFF ELECTION REQUIRED. If no candidate for a
particular office receives the vote necessary to be elected in an
election requiring a majority vote, a runoff election for that
office is required.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 2.022. CONFLICTS WITH OTHER LAW. (a) Except as provided
by Subsection (b), a law outside this subchapter supersedes this
subchapter to the extent of any conflict.
(b) Sections 2.023 and 2.028 supersede a law outside this
subchapter to the extent of any conflict.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 2003, 78th Leg., ch. 652, Sec. 1, eff. Sept. 1, 2003.
Sec. 2.023. RUNOFF CANDIDATES. (a) Except as provided by
Subsections (b) and (c), the candidates in a runoff election are
the candidates who receive the highest and second highest number
of votes in the main election or who tie for the highest number
of votes.
(b) If more than two candidates tie for the highest number of
votes in the main election, an automatic recount shall be
conducted in accordance with Chapter 216. If the recount does not
resolve the tie, the tied candidates shall cast lots to determine
which two are to be the runoff candidates.
(c) If two or more candidates tie for the second highest number
of votes in the main election, an automatic recount shall be
conducted in accordance with Chapter 216. If the recount does not
resolve the tie, the tied candidates shall cast lots to determine
which one is to be the second candidate in the runoff election.
(d) The presiding officer of the final canvassing authority for
the election shall supervise the casting of lots under this
section.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 2003, 78th Leg., ch. 652, Sec. 2, eff. Sept. 1, 2003.
Sec. 2.024. ORDERING RUNOFF. Not later than the fifth day after
the date the final canvass of the main election is completed, the
authority responsible for ordering the main election shall order
the runoff election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 2.025. RUNOFF ELECTION DAY. (a) Except as otherwise
provided by this code, a runoff election shall be held not
earlier than the 20th or later than the 45th day after the date
the final canvass of the main election is completed.
(b) A runoff election date later than the period prescribed by
Subsection (a) may be prescribed by a home-rule city charter.
(c) This section supersedes a law outside this subchapter to the
extent of a conflict notwithstanding Section 2.022.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., 2nd C.S., ch. 60, Sec. 2, eff. Oct. 20,
1987; Acts 1991, 72nd Leg., ch. 389, Sec. 1, eff. Sept. 1, 1991;
Acts 1993, 73rd Leg., ch. 728, Sec. 2, eff. Sept. 1, 1993; Acts
2003, 78th Leg., ch. 1316, Sec. 2, eff. Sept. 1, 2003.
Sec. 2.026. NOTICE OF RUNOFF. Notice of a runoff election shall
be given in accordance with Chapter 4 except that a notice under
Section 4.003(a)(2) or (b) must be posted not later than the 15th
day before election day.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 2.027. CERTIFICATION OF RUNOFF CANDIDATES. The presiding
officer of the final canvassing authority shall certify in
writing for placement on a runoff election ballot the names of
the runoff candidates and shall deliver the certification to the
authority responsible for having the official ballot prepared.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 2.028. TIE VOTE IN RUNOFF. (a) Except as provided by
Subsection (c), if the candidates in a runoff election tie, an
automatic recount shall be conducted in accordance with Chapter
216. If the recount does not resolve the tie, the tied candidates
shall cast lots to determine the winner.
(b) The presiding officer of the final canvassing authority
shall supervise the casting of lots under this section.
(c) A tying candidate may resolve the tie by filing with the
presiding officer of the final canvassing authority a written
statement of withdrawal signed and acknowledged by the candidate.
On receipt of the statement of withdrawal, the remaining
candidate is the winner, and a casting of lots is not held.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 1349, Sec. 2, eff. Sept. 1, 1997;
Acts 2003, 78th Leg., ch. 652, Sec. 3, eff. Sept. 1, 2003.
SUBCHAPTER C. ELECTION OF UNOPPOSED CANDIDATE
Sec. 2.051. APPLICABILITY OF SUBCHAPTER. (a) Except as
provided by Sections 2.055 and 2.056, this subchapter applies
only to an election for officers of a political subdivision other
than a county in which write-in votes may be counted only for
names appearing on a list of write-in candidates and in which
each candidate for an office that is to appear on the ballot is
unopposed, except as provided by Subsection (b). For purposes of
this section, a special election of a political subdivision is
considered to be a separate election with a separate ballot from:
(1) a general election for officers of the political subdivision
held at the same time as the special election; or
(2) another special election of the political subdivision held
at the same time as the special election.
(b) In the case of an election in which any members of the
political subdivision's governing body are elected from
territorial units such as single-member districts, this
subchapter applies to the election in a particular territorial
unit if each candidate for an office that is to appear on the
ballot in that territorial unit is unopposed and no at-large
proposition or opposed at-large race is to appear on the ballot.
This subchapter applies to an unopposed at-large race in such an
election regardless of whether an opposed race is to appear on
the ballot in a particular territorial unit.
Added by Acts 1995, 74th Leg., ch. 667, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 1349, Sec. 3, eff.
Sept. 1, 1997; Acts 2001, 77th Leg., ch. 17, Sec. 1, eff. Jan. 1,
2002; Acts 2003, 78th Leg., ch. 1061, Sec. 1; Acts 2003, 78th
Leg., ch. 1316, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1107, Sec. 1.01, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch.
1235, Sec. 1, eff. September 1, 2009.
Sec. 2.052. CERTIFICATION OF UNOPPOSED STATUS. (a) The
authority responsible for having the official ballot prepared
shall certify in writing that a candidate is unopposed for
election to an office if, were the election held, only the votes
cast for that candidate in the election for that office may be
counted.
(b) The certification shall be delivered to the governing body
of the political subdivision as soon as possible after the filing
deadlines for placement on the ballot and list of write-in
candidates.
Added by Acts 1995, 74th Leg., ch. 667, Sec. 1, eff. Sept. 1,
1995.
Amended by:
Acts 2005, 79th Leg., Ch.
1107, Sec. 1.02, eff. September 1, 2005.
Sec. 2.053. ACTION ON CERTIFICATION. (a) On receipt of the
certification, the governing body of the political subdivision by
order or ordinance may declare each unopposed candidate elected
to the office. If no election is to be held on election day by
the political subdivision, a copy of the order or ordinance shall
be posted on election day at each polling place used or that
would have been used in the election.
(b) If a declaration is made under Subsection (a), the election
is not held.
(c) The ballots used at a separate election held at the same
time as an election that would have been held if the candidates
were not declared elected under this section shall include the
offices and names of the candidates declared elected under this
section listed separately after the measures or contested races
in the separate election under the heading "Unopposed Candidates
Declared Elected." The candidates shall be grouped in the same
relative order prescribed for the ballot generally. No votes are
cast in connection with the candidates.
(d) The secretary of state by rule may prescribe any additional
procedures necessary to accommodate a particular voting system or
ballot style and to facilitate the efficient and cost-effective
implementation of this section.
(e) A certificate of election shall be issued to each candidate
in the same manner and at the same time as provided for a
candidate elected at the election. The candidate must qualify
for the office in the same manner as provided for a candidate
elected at the election.
Added by Acts 1995, 74th Leg., ch. 667, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 2003, 78th Leg., ch. 1316, Sec. 4, eff.
Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1235, Sec. 2, eff. September 1, 2009.
Sec. 2.054. COERCION AGAINST CANDIDACY PROHIBITED. (a) In an
election that may be subject to this subchapter, a person commits
an offense if by intimidation or by means of coercion the person
influences or attempts to influence a person to:
(1) not file an application for a place on the ballot or a
declaration of write-in candidacy; or
(2) withdraw as a candidate.
(b) In this section, "coercion" has the meaning assigned by
Section 1.07, Penal Code.
(c) An offense under this section is a Class A misdemeanor
unless the intimidation or coercion is a threat to commit a
felony, in which event it is a felony of the third degree.
Added by Acts 1995, 74th Leg., ch. 667, Sec. 1, eff. Sept. 1,
1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1235, Sec. 3, eff. September 1, 2009.
Sec. 2.055. SPECIAL ELECTION TO FILL VACANCY IN LEGISLATURE.
(a) The secretary of state may declare an unopposed candidate
elected to fill a vacancy in the legislature if:
(1) each candidate for an office that is to appear on the ballot
is unopposed; and
(2) no proposition is to appear on the ballot.
(b) If a declaration is made under Subsection (a), the election
is not held. A copy of the declaration shall be posted on
election day at each polling place that would have been used in
the election.
(c) The secretary of state shall issue a certificate of election
to each candidate in the same manner as provided for a candidate
elected at the election.
Added by Acts 2001, 77th Leg., ch. 17, Sec. 2, eff. Jan. 1, 2002.
Amended by:
Acts 2005, 79th Leg., Ch.
1107, Sec. 1.03, eff. September 1, 2005.
Sec. 2.056. UNOPPOSED CANDIDATE FOR OFFICE OF STATE OR COUNTY
GOVERNMENT. (a) In this section:
(1) "Certifying authority" means:
(A) the secretary of state, for a statewide or district office;
or
(B) the county clerk, for a county or precinct office.
(2) "Office of the state or county government" means an office
described by Section 52.092(a)(2) or (3).
(b) This section applies only to the general election for state
and county officers.
(c) A certifying authority may declare a candidate elected to an
office of the state or county government if, were the election
held, only the votes cast for that candidate in the election for
that office may be counted.
(d) If a declaration is made under Subsection (c):
(1) the election for that office is not held; and
(2) the name of the candidate is listed on the ballot as elected
to the office as provided by this section.
(e) The offices and names of any candidates declared elected
under this section shall be listed separately after the contested
races in the election under the heading "Unopposed Candidates
Declared Elected." The candidates shall be grouped according to
their respective political party affiliations or status as
independents in the same relative order prescribed for the ballot
generally. No votes are cast in connection with the candidates.
(f) The secretary of state by rule may prescribe any additional
procedures as necessary to accommodate a particular voting system
or ballot style and to facilitate the efficient and
cost-effective implementation of this section.
(g) The certifying authority shall issue a certificate of
election to a candidate declared elected under this section in
the same manner as provided for a candidate elected at the
election.
Added by Acts 2003, 78th Leg., ch. 1061, Sec. 2.
Amended by:
Acts 2005, 79th Leg., Ch.
1107, Sec. 1.04, eff. September 1, 2005.
SUBCHAPTER D. CANCELLATION OF ELECTIONS
Sec. 2.081. CANCELLATION OF MOOT MEASURE. (a) If an authority
that orders an election on a measure determines that the action
to be authorized by the voters may not be taken, regardless of
the outcome of the election, the authority may declare the
measure moot and remove the measure from the ballot.
(b) If a measure is declared moot under this section and is
removed from the ballot, the authority holding the election shall
post notice of the declaration during early voting by personal
appearance and on election day, at each polling place that would
have been used for the election on the measure.
Added by Acts 2009, 81st Leg., R.S., Ch.
1235, Sec. 4, eff. September 1, 2009.
Sec. 2.082. SPECIFIC AUTHORITY FOR CANCELLATION REQUIRED. An
authority that orders an election may cancel the election only if
the power to cancel the election is specifically provided by
statute.
Added by Acts 2009, 81st Leg., R.S., Ch.
1235, Sec. 4, eff. September 1, 2009.