CHAPTER 4. NOTICE OF ELECTION
ELECTION CODE
TITLE 1. INTRODUCTORY PROVISIONS
CHAPTER 4. NOTICE OF ELECTION
Sec. 4.001. NOTICE REQUIRED. Notice of each general and special
election shall be given as provided by this chapter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 4.002. AUTHORITY RESPONSIBLE FOR GIVING NOTICE. Except as
otherwise provided by law, the following authority shall give
notice of an election:
(1) the county judge of each county wholly or partly in the
territory covered by the election, for an election ordered by the
governor;
(2) the presiding officer of the governing body of a political
subdivision, for an election ordered by the presiding officer or
the governing body; and
(3) the authority ordering the election, for an election ordered
by any other authority.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 4.003. METHOD OF GIVING NOTICE. (a) Except as provided by
Subsection (c), notice of an election must be given by any one or
more of the following methods:
(1) by publishing the notice at least once, not earlier than the
30th day or later than the 10th day before election day:
(A) in a newspaper published in the territory that is covered by
the election and is in the jurisdiction of the authority
responsible for giving the notice; or
(B) in a newspaper of general circulation in the territory if
none is published in the jurisdiction of the authority
responsible for giving the notice;
(2) by posting, not later than the 21st day before election day,
a copy of the notice at a public place in each election precinct
that is in the jurisdiction of the authority responsible for
giving the notice; or
(3) by mailing, not later than the 10th day before election day,
a copy of the notice to each registered voter of the territory
that is covered by the election and is in the jurisdiction of the
authority responsible for giving the notice.
(b) In addition to any other notice given for an election under
Subsection (a), not later than the 21st day before election day,
the authority responsible for giving notice of the election shall
post a copy of the notice, which must include the location of
each polling place, on the bulletin board used for posting
notices of the meetings of the governing body of the political
subdivision that the authority serves. For each precinct that is
combined to form a consolidated precinct under Section 42.008,
not later than the 10th day before election day, the authority
shall also post, at the polling place used in the preceding
general election, notice of the precinct's consolidation and the
location of the polling place in the consolidated precinct. A
notice posted under this subsection must remain posted
continuously through election day.
(c) In addition to any other notice given, notice of an election
ordered by a commissioners court or by an authority of a city or
school district must be given by the method prescribed by
Subsection (a)(1).
(d) If other law prescribes the method of giving notice of an
election, that law supersedes this section, except that
Subsection (c) applies regardless of the notice requirements
prescribed by other law with respect to an election covered by
that subsection.
(e) The authority responsible for giving notice of the election
shall deliver to the secretary of state a copy of the notice of a
consolidated precinct required by Subsection (b) not later than
the date of the election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1987;
Acts 1989, 71st Leg., ch. 114, Sec. 1, eff. Sept. 1, 1989.
Sec. 4.004. CONTENTS OF NOTICE. (a) The notice of a general or
special election must state:
(1) the nature and date of the election;
(2) except as provided by Subsection (c), the location of each
polling place, including each early voting polling place;
(3) the hours that the polls will be open; and
(4) any other information required by other law.
(b) The notice of a special election must also state each office
to be filled or the proposition stating each measure to be voted
on. This subsection does not apply to an election on a proposed
constitutional amendment.
(c) If notice of an election is given by posting the notice in
the various election precincts, the notice posted in a precinct
is not required to state the location of the polling places in
other precincts.
(d) If precincts are consolidated under Section 42.008, the
notice must state which precincts have been combined to form each
consolidated precinct in addition to the locations of the polling
places in the consolidated precincts.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 479, Sec. 2, eff. Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1235, Sec. 5, eff. September 1, 2009.
Sec. 4.005. RECORD OF NOTICE. (a) If notice of an election is
given by publication, the authority responsible for giving the
notice shall retain a copy of the published notice that contains
the name of the newspaper and the date of publication.
(b) For each notice posted under Section 4.003(a)(2) or (b), the
person posting the notice shall make a record at the time of
posting stating the date and place of posting. The person shall
sign the record and deliver it to the authority responsible for
giving the election notice after the last posting is made.
(c) If notice of an election is given under Section 4.003(a)(3),
the authority responsible for giving the notice shall:
(1) retain a copy of the notice and enter on the copy the date
or dates the mailing occurred; and
(2) prepare a list of the names and addresses of the persons to
whom the notice was mailed.
(d) The authority responsible for giving the election notice
shall preserve the records required by this section for the
period for preserving the precinct election records.
(e) If other law prescribes the method of preserving the notice
of an election, that law supersedes this section.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1989, 71st Leg., ch. 2, Sec. 7.01, eff. Aug. 28, 1989.
Sec. 4.006. FAILURE TO GIVE NOTICE OF GENERAL ELECTION. Failure
to give notice of a general election does not affect the validity
of the election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 4.007. NOTICE TO ELECTION JUDGE. Not later than the 15th
day before election day or the seventh day after the date the
election is ordered, whichever is later, the authority
responsible for giving notice of the election shall deliver to
the presiding judge of each election precinct in which the
election is to be held in the authority's jurisdiction a written
notice of:
(1) the nature and date of the election;
(2) the location of the polling place for the precinct served by
the judge;
(3) the hours that the polls will be open;
(4) the judge's duty to hold the election in the precinct
specified by the notice; and
(5) the maximum number of clerks that the judge may appoint for
the election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 4.008. NOTICE TO COUNTY CLERK. (a) Except as provided by
Subsection (b), the governing body of a political subdivision,
other than a county, that orders an election shall deliver notice
of the election to the county clerk and voter registrar of each
county in which the political subdivision is located not later
than the 60th day before election day.
(b) The governing body of a school district that orders an
election under Section 26.08, Tax Code, to ratify an ad valorem
tax rate adopted by the governing body under Section 26.05(g) of
that code shall deliver notice of the election to the county
clerk of each county in which the school district is located not
later than the 30th day before election day.
Added by Acts 2005, 79th Leg., Ch.
1107, Sec. 1.05, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
195, Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1328, Sec. 79, eff. September 1, 2009.