CHAPTER 3. ORDERING ELECTION
ELECTION CODE
TITLE 1. INTRODUCTORY PROVISIONS
CHAPTER 3. ORDERING ELECTION
Sec. 3.001. ORDER REQUIRED. Each general and special election
shall be ordered as provided by this chapter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 3.002. CONFLICTS WITH OTHER LAW. A law outside this
chapter supersedes this chapter to the extent of any conflict.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 3.003. ELECTION ORDERED BY GOVERNOR. (a) The governor
shall order:
(1) each general election for officers of the state government,
members of the United States Congress, and electors for president
and vice-president of the United States;
(2) each election on a proposed constitutional amendment; and
(3) each special election to fill a vacancy in the legislature
or in congress.
(b) The order shall be made by proclamation.
(c) Not later than the 36th day before election day, a copy of
the proclamation ordering an election shall be mailed to the
county judge of each county wholly or partly in the territory
covered by the election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 3.004. ELECTION OF POLITICAL SUBDIVISION. (a) The
following authority shall order an election:
(1) the county judge, for the general election for officers of
the county government;
(2) the mayor, for the general election for city officers in a
city with a population of 1.9 million or more; and
(3) the governing body of a political subdivision, other than a
county or a city described by Subdivision (2), that has elective
offices, for the general election for those officers.
(b) If a law providing for an election relating to the affairs
of a political subdivision does not designate the authority
responsible for ordering the election, the governing body of the
political subdivision shall order the election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 2001, 77th Leg., ch. 340, Sec. 1, eff. Sept. 1, 2001.
Sec. 3.005. TIME FOR ORDERING ELECTION. (a) Except as provided
by Subsections (c) and (d), an election ordered by an authority
of a political subdivision shall be ordered not later than the
62nd day before election day.
(b) This section supersedes a law outside this code to the
extent of any conflict.
(c) For an election to be held on the date of the general
election for state and county officers, the election shall be
ordered not later than the 70th day before election day.
(d) An election under Section 26.08, Tax Code, to ratify a tax
rate adopted by the governing body of a school district under
Section 26.05(g) of that code shall be ordered not later than the
30th day before election day.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 2003, 78th Leg., ch. 925, Sec. 1, eff. Nov. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1109, Sec. 2, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch.
1328, Sec. 78, eff. September 1, 2009.
Sec. 3.006. CONTENTS OF ELECTION ORDER. In addition to any
other elements required to be included in an election order by
other law, each election order must state the date of the
election and the offices or measures to be voted on at the
election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 3.007. FAILURE TO ORDER GENERAL ELECTION. Failure to order
a general election does not affect the validity of the election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 3.008. PRESERVATION OF ELECTION ORDER. (a) The authority
ordering an election shall preserve the order, proclamation, or
other document ordering the election for the period for
preserving the precinct election records.
(b) For an election ordered by an authority of a political
subdivision, the date and nature of each election shall be
entered in the official records of the political subdivision's
governing body. For an election on a measure, the entry must
include a description of the measure.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.