CHAPTER 271. JOINT ELECTIONS
ELECTION CODE
TITLE 16. MISCELLANEOUS PROVISIONS
CHAPTER 271. JOINT ELECTIONS
Sec. 271.001. APPLICABILITY OF OTHER PARTS OF CODE. The other
titles of this code apply to a joint election except provisions
that are inconsistent with this chapter or that cannot feasibly
be applied to a joint election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 271.002. JOINT ELECTIONS AUTHORIZED. (a) If the elections
ordered by the authorities of two or more political subdivisions
are to be held on the same day in all or part of the same county,
the governing bodies of the political subdivisions may enter into
an agreement to hold the elections jointly in the election
precincts that can be served by common polling places, subject to
Section 271.003.
(b) If an election ordered by the governor and the elections
ordered by the authorities of one or more political subdivisions
are to be held on the same day in all or part of the same county,
the commissioners court of a county in which the election ordered
by the governor is to be held and the governing bodies of the
other political subdivisions may enter into an agreement to hold
the elections jointly in the election precincts that can be
served by common polling places, subject to Section 271.003.
(c) If another law requires two or more political subdivisions
to hold a joint election, the governing body of any other
political subdivision holding an election on the same day in all
or part of the same county in which the joint election is to be
held may enter into an agreement to participate in the joint
election with the governing bodies of the political subdivisions
holding the joint election.
(d) The terms of a joint election agreement must be stated in an
order, resolution, or other official action adopted by the
governing body of each participating political subdivision.
(e) The document containing the joint election agreement shall
be preserved for the period for preserving the precinct election
records.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1235, Sec. 24, eff. September 1, 2009.
Sec. 271.003. LOCATION OF COMMON POLLING PLACE. (a) A regular
county polling place may be used for a common polling place in a
joint election.
(b) The voters of a particular election precinct or political
subdivision may be served in a joint election by a common polling
place located outside the boundary of the election precinct or
political subdivision if the location can adequately and
conveniently serve the affected voters and will facilitate the
orderly conduct of the election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 1350, Sec. 9, eff. Sept. 1, 1997.
Sec. 271.004. ALLOCATION OF ELECTION EXPENSES. The expenses of
a joint election are allocated as provided by the joint election
agreement.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 271.005. ELECTION OFFICERS. (a) An election officer for a
joint election may be appointed to serve more than one of the
participating political subdivisions.
(b) A person who is eligible to serve as an election officer in
an election of any participating political subdivision is
eligible to serve in the same office in a joint election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 271.006. EARLY VOTING. (a) The governing bodies of the
political subdivisions participating in a joint election shall
decide whether to conduct their early voting jointly. The
governing bodies that decide to conduct joint early voting shall
appoint one of their early voting clerks as the early voting
clerk for the joint early voting.
(b) The joint early voting shall be conducted at the early
voting polling place or places at which and during the hours,
including any extended or weekend hours, that the early voting
clerk regularly conducts early voting for the clerk's political
subdivision.
(c) The regular early voting clerk for each political
subdivision participating in the joint early voting shall receive
applications for early voting ballots to be voted by mail in
accordance with Title 7. The remaining procedures for conducting
the political subdivision's early voting by mail shall be
completed by the regular early voting clerk or by the early
voting clerk for the joint early voting, at the discretion of the
governing body of each political subdivision participating in the
joint early voting.
(d) If a governing body decides not to participate in the joint
early voting, the early voting for that political subdivision
shall be conducted in accordance with Title 7, except that the
early voting may be conducted at common polling places.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.72; Acts 1991, 72nd
Leg., ch. 554, Sec. 43, eff. Sept. 1, 1991; Acts 1993, 73rd Leg.,
ch. 728, Sec. 77, eff. Sept. 1, 1993.
Sec. 271.007. BALLOT. A single ballot containing all the
offices or propositions stating measures to be voted on at a
particular polling place may be used in a joint election. A voter
may not be permitted to select a ballot containing an office or
proposition stating a measure on which the voter is ineligible to
vote.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 271.0071. MULTIPLE METHODS OF VOTING ALLOWED. The
restrictions on multiple methods of voting at the same polling
place or in early voting prescribed by Sections 123.005-123.007
do not apply to a joint election as if the joint election were a
single election but rather apply independently to the election of
each participating political subdivision in the joint election.
Added by Acts 1997, 75th Leg., ch. 1349, Sec. 72, eff. Sept. 1,
1997.
Sec. 271.008. BALLOT BOXES. (a) One set of ballot boxes may be
used at a common polling place in a joint election for the
deposit of all the ballots for each of the participating
political subdivisions.
(b) If the voted ballots for more than one political subdivision
participating in a joint election are deposited in a single
ballot box after they are counted, the custodian of the key to
the ballot box for voted ballots for elections ordered by an
authority of any one of the participating political subdivisions
may be appointed as the custodian of the key to that box.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 271.009. COMBINING ELECTION FORMS AND RECORDS. The forms
used and records maintained at a common polling place in a joint
election may be combined in any manner convenient and adequate to
record and report the results of the election for each of the
participating political subdivisions.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 271.010. CUSTODIAN OF ELECTION RECORDS. The general
custodian of election records for elections ordered by an
authority of any one of the political subdivisions participating
in a joint election may be appointed as the general custodian of
election records for the joint election if:
(1) the election records for a common polling place are
combined; or
(2) the ballots for more than one of the participating political
subdivisions are deposited by the voters in a single ballot box.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 271.011. CANVASS. (a) The authority responsible for
canvassing the precinct returns for the elections of one of the
political subdivisions participating in a joint election may be
designated to canvass the returns for one or more of the other
participating political subdivisions.
(b) If elections are jointly canvassed, the presiding officer of
the joint canvassing authority shall deliver the appropriate part
of the tabulation of the precinct results to each of the
presiding officers of the canvassing authorities designated by
law for the elections of the participating political
subdivisions. Each tabulation shall then be processed in the same
manner as for an election not canvassed jointly.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 271.012. CERTIFICATE OF ELECTION. The presiding officer of
the canvassing authority that regularly serves a particular
political subdivision shall issue certificates of election to
candidates elected at the joint election to offices of the
political subdivision.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 271.013. COMPENSATION OF JUDGES AND CLERKS. (a) Except as
provided by this section, compensation for election officers
serving at a common polling place in a joint election is the same
as that paid to election officers serving at a regular polling
place.
(b) If the election records, keys, and supplies for a common
polling place are to be delivered to different places for two or
more participating political subdivisions:
(1) compensation may be paid in the amount prescribed by this
code for delivery, multiplied by the number of participating
political subdivisions for which delivery is made to different
locations; and
(2) compensation may be paid to one election officer appointed
to make the delivery or allocated evenly among the election
officers who make the delivery.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 271.014. CONFLICTS WITH OTHER LAW. A law outside this code
pertaining to a joint election supersedes this chapter to the
extent of any conflict.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.