CHAPTER 231. CONTEST IN DISTRICT COURT GENERALLY

ELECTION CODE

TITLE 14. ELECTION CONTESTS

SUBTITLE B. CONTESTS IN DISTRICT COURT

CHAPTER 231. CONTEST IN DISTRICT COURT GENERALLY

Sec. 231.001. APPLICABILITY OF SUBTITLE. This subtitle applies

to an election contest of which the district court has

jurisdiction.

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

Sec. 231.002. APPLICABILITY OF RULES GOVERNING CIVIL SUITS.

Except as otherwise provided by this subtitle, the rules

governing civil suits in the district court apply to an election

contest in the district court.

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

Sec. 231.003. ATTENDANCE ON LEGISLATURE NOT GROUND FOR

CONTINUANCE. Intended or actual attendance on a session of the

legislature by a party or an attorney for a party to an election

contest is not a ground for granting a continuance in the trial

of the contest.

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

Sec. 231.004. DISQUALIFICATION OF DISTRICT JUDGE. (a) The

judge of a judicial district that includes any territory covered

by a contested election that is less than statewide is

disqualified to preside in the contest.

(b) If a contest is filed in which a judge is disqualified under

Subsection (a), the district clerk shall promptly call the filing

to the attention of the judge. The judge shall promptly request

the presiding judge of the administrative judicial region to

assign a special judge to preside in the contest.

(c) A judge who resides in the territory covered by a contested

election is not eligible for assignment as a special judge for

the contest.

(d) Subsections (a), (b), and (c) do not apply to a contest of

an election for an office of a political party.

(e) In an election contest in which the district judge is

disqualified, until a special judge is assigned to preside over

the contest, the presiding judge of the administrative judicial

region may take any action regarding the contest that a district

judge may take if the contested election is:

(1) a primary election; or

(2) an election in which a runoff in the contested race is

necessary, according to the official returns, or will be

necessary if the contestant prevails.

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

by Acts 1989, 71st Leg., ch. 2, Sec. 7.14, eff. Aug. 28, 1989.

Sec. 231.005. JURY TRIAL NOT ALLOWED. The district judge shall

decide the issues of fact in an election contest without a jury.

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

Sec. 231.006. COMPELLING PRODUCTION OF ELECTION RECORDS AND

ATTENDANCE OF ELECTION OFFICERS. The limitation on the distance

within which a witness may be compelled to attend the trial of a

civil suit does not apply to officers of a contested election or

custodians of records, equipment, or supplies of a contested

election who are subpoenaed to appear in the contest to give

testimony or to produce election records, ballot boxes, or other

tangible things.

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

Sec. 231.007. PROCEDURES FOR NEW ELECTION GENERALLY. (a) If a

judgment in an election contest orders that a new election be

held, as soon as practicable after the judgment becomes final,

the district court shall set the date for the new election. In

the case of a general or special election, the court shall direct

the appropriate authority to order the election for the date set

by the court. In the case of a primary election, the court shall

direct the appropriate officers of the political party to hold

the election on the date set.

(b) Except as otherwise provided by this subtitle, the new

election shall be held in the same manner as the contested

election.

(c) The district court may set the election for a date that

shortens the regular period for early voting, but the date must

make it possible for early voting by personal appearance to begin

not later than the 10th day before election day. In the order

setting the date for the election, the court shall also set the

date for beginning early voting by personal appearance if it is

not possible to begin on the regular day.

(d) In addition to public notice required by law, the district

court may require the new election to be publicized in the manner

prescribed by the court.

(e) If a function in the conduct of a new election for an office

would normally be performed by an officer who is a party to the

contest, the district court may designate another person to

perform the function and may fix a reasonable compensation for

the service, to be paid as other expenses of the election.

(f) The district court may shorten the normal period between

election day and the date of the official canvass.

(g) The district court retains jurisdiction of the contest until

the new election is completed and may make any orders the court

considers necessary to ensure its proper conduct.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.70; Acts 1991, 72nd

Leg., ch. 554, Sec. 41, eff. Sept. 1, 1991.

Sec. 231.008. DELIVERY OF CERTIFIED COPIES OF JUDGMENT. (a) As

soon as practicable after a judgment in an election contest

becomes final or, if the judgment orders that a new election be

held, after the district court sets the date for the new

election, the district clerk shall deliver certified copies of

the judgment as provided by this section. If the judgment orders

a new election, the clerk shall attach to each copy of the

judgment a certified copy of the order setting the election date

and any other order relating to the conduct of the election.

(b) If the judgment in a contest for an office affects the

preparation of the ballot for a succeeding election, the clerk

shall deliver a copy to the authority responsible for having the

official ballot prepared or, in the case of a statewide or

district office, to the authority responsible for certifying the

names of the candidates for placement on the ballot.

(c) If the judgment orders that a new general or special

election be held, the clerk shall deliver a copy to the authority

responsible for ordering the election. If the judgment orders a

new primary election, the clerk shall deliver a copy to the state

chair of the appropriate political party, in the case of a

statewide or district office, or to the county chair, in the case

of a county or precinct office.

(d) The clerk shall deliver a copy of the judgment to the

custodian of the election register for the final canvassing

authority in the contested election. The custodian shall record

in the register the judgment or an abstract of the judgment in

sufficient detail to show the outcome of the contest.

(e) The district judge may direct the clerk to furnish certified

copies of the judgment to other persons as necessary to

effectuate the judgment.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 229, eff. Sept. 1, 1997.

Sec. 231.009. PRECEDENCE OF CONTEST ON APPEAL. An election

contest has precedence in the appellate courts and shall be

disposed of as expeditiously as practicable.

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