CHAPTER 1. GENERAL PROVISIONS - Texas Statutes

ELECTION CODE

TITLE 1. INTRODUCTORY PROVISIONS

CHAPTER 1. GENERAL PROVISIONS

Sec. 1.001. SHORT TITLE. This code may be cited as the Election

Code.

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

Sec. 1.002. APPLICABILITY OF CODE. (a) This code applies to

all general, special, and primary elections held in this state.

(b) This code supersedes a conflicting statute outside this code

unless this code or the outside statute expressly provides

otherwise.

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

Sec. 1.003. CONSTRUCTION OF CODE. (a) The Code Construction

Act (Chapter 311, Government Code) applies to the construction of

each provision in this code, except as otherwise expressly

provided by this code.

(b) When a provision of this code provides that it supersedes

another specifically referenced provision of this code to the

extent of any conflict, no conflict is created by the failure of

the superseding provision, or of related provisions, to repeat

the substance of the referenced provision; rather, a conflict

exists only if the substance of the superseding and any related

provisions is irreconcilable with the substance of the referenced

provision. If the substance of the superseding provision,

together with any related provisions, and the substance of the

referenced provision can each be applied to the same subject or

set of circumstances, both provisions shall be given effect.

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

by Acts 1987, 70th Leg., ch. 54, Sec. 17, eff. Sept. 1, 1987.

Sec. 1.004. INTERNAL REFERENCES. In this code:

(1) a reference to a title, chapter, or section without further

identification is a reference to a title, chapter, or section of

this code; and

(2) a reference to a subtitle, subchapter, subsection,

subdivision, paragraph, or other numbered or lettered unit

without further identification is a reference to a unit of the

next larger unit of this code in which the reference appears.

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

Sec. 1.005. DEFINITIONS. In this code:

(1) "City secretary" includes a city clerk or, in a city that

has no city secretary or clerk, the city officer who performs the

duties of a city secretary.

(2) "County election precinct" means an election precinct

established under Section 42.001.

(3) "County office" means an office of the county government

that is voted on countywide.

(4) "District office" means an office of the federal or state

government that is not voted on statewide.

(5) "Final canvass" means the canvass from which the official

result of an election is determined.

(6) "General election" means an election, other than a primary

election, that regularly recurs at fixed dates.

(7) "General election for state and county officers" means the

general election at which officers of the federal, state, and

county governments are elected.

(8) "Gubernatorial general election" means the general election

held every four years to elect a governor for a full term.

(9) "Independent candidate" means a candidate in a nonpartisan

election or a candidate in a partisan election who is not the

nominee of a political party.

(10) "Law" means a constitution, statute, city charter, or city

ordinance.

(11) "Local canvass" means the canvass of the precinct election

returns.

(12) "Measure" means a question or proposal submitted in an

election for an expression of the voters' will.

(13) "Political subdivision" means a county, city, or school

district or any other governmental entity that:

(A) embraces a geographic area with a defined boundary;

(B) exists for the purpose of discharging functions of

government; and

(C) possesses authority for subordinate self-government through

officers selected by it.

(14) "Primary election" means an election held by a political

party under Chapter 172 to select its nominees for public office,

and, unless the context indicates otherwise, the term includes a

presidential primary election.

(15) "Proposition" means the wording appearing on a ballot to

identify a measure.

(16) "Registered voter" means a person registered to vote in

this state whose registration is effective.

(17) "Residence address" means the street address and any

apartment number, or the address at which mail is received if the

residence has no address, and the city, state, and zip code that

correspond to a person's residence.

(18) "Special election" means an election that is not a general

election or a primary election.

(19) "Statewide office" means an office of the federal or state

government that is voted on statewide.

(20) "Straight-party vote" means a vote by a single mark, punch,

or other action by the voter for all the nominees of one

political party and for no other candidates.

(21) "Uniform election date" means an election date prescribed

by Section 41.001.

(22) "Voting station" means the voting booth or other place

where voters mark their ballots or otherwise indicate their votes

at a polling place.

(23) "Voting year" means the 12-month period beginning January 1

of each year.

(24) "Presidential primary election" means an election held

under Subchapter A, Chapter 191, at which a political party's

voters are given an opportunity to express their preferences for

the party's presidential candidates, or for an "uncommitted"

status if provided by party rule, for the purpose of determining

the allocation of the party's delegates from this state to the

party's national presidential nominating convention.

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

by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 2, eff. Sept. 1,

1987; Acts 1987, 70th Leg., ch. 436, Sec. 9, eff. Sept. 1, 1989;

Acts 1987, 70th Leg., ch. 472, Sec. 52, eff. Sept. 1, 1989.

Sec. 1.006. EFFECT OF WEEKEND OR HOLIDAY. (a) If the last day

for performance of an act is a Saturday, Sunday, or legal state

or national holiday, the act is timely if performed on the next

regular business day, except as otherwise provided by this code.

(b) If the last day for performance of an act is extended under

Subsection (a), the extended date is used to determine any other

dates and deadlines, and the dates or times of any related

procedures, that are expressly required to be made on a date or

at a time determined in relation to the last day for performance

of the act.

(c) A declaration of ineligibility of a candidate is considered

to be the performance of an act under this section for purposes

of causing the candidate's name to be omitted from the ballot.

(d) The filing of a document, including a withdrawal request or

resignation, is considered to be the performance of an act under

this section for purposes of creating a vacancy to be filled at a

subsequent election.

(e) The death of a person is not considered to be the

performance of an act under this section.

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

by Acts 2003, 78th Leg., ch. 1316, Sec. 1, eff. Sept. 1, 2003.

Sec. 1.007. DELIVERING, SUBMITTING, AND FILING DOCUMENTS. (a)

When this code provides for the delivery, submission, or filing

of an application, notice, report, or other document or paper

with an authority having administrative responsibility under this

code, a delivery, submission, or filing with an employee of the

authority at the authority's usual place for conducting official

business constitutes filing with the authority.

(b) The authority to whom a delivery, submission, or filing is

required by this code to be made may accept the document or paper

at a place other than the authority's usual place for conducting

official business.

(c) A delivery, submission, or filing of a document or paper

under this code may be made by personal delivery, mail, or any

other method of transmission.

(d) Any other provision of this code supersedes this section to

the extent of any conflict.

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

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

Sec. 1.008. TIMELINESS OF ACTION BY MAIL. When this code

requires an application, notice, report, or other document or

paper to be delivered, submitted, or filed within a specified

period or before a specified deadline, a delivery, submission, or

filing by first-class United States mail is timely, except as

otherwise provided by this code, if:

(1) it is properly addressed with postage prepaid; and

(2) it bears a post office cancellation mark indicating a time

within the period or before the deadline, or if the person

required to take the action furnishes satisfactory proof that it

was deposited in the mail within the period or before the

deadline.

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

Sec. 1.009. TIME OF RECEIPT OF MAILED DOCUMENT. (a) When this

code provides that an application, notice, or other document or

paper that is delivered, submitted, or filed by mail is

considered to be delivered, submitted, or filed at the time of

its receipt by the appropriate authority, the time of receipt is

the time at which a post office employee:

(1) places it in the actual possession of the authority or the

authority's agent; or

(2) deposits it in the authority's mailbox or at the usual place

of delivery for the authority's official mail.

(b) If the authority cannot determine the time at which a

deposit under Subsection (a)(2) occurred or whether it occurred

before a specified deadline, the deposit is considered to have

occurred at the time the mailbox or usual place of mail delivery,

as applicable, was last inspected for removal of mail.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 2, eff. Sept. 1, 1997.

Sec. 1.010. AVAILABILITY OF OFFICIAL FORMS. (a) The office,

agency, or other authority with whom this code requires an

application, report, or other document or paper to be submitted

or filed shall make printed forms for that purpose, as officially

prescribed, readily and timely available.

(b) The authority shall furnish forms in a reasonable quantity

to a person requesting them for the purpose of submitting or

filing the document or paper.

(c) The forms shall be furnished without charge, except as

otherwise provided by this code.

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

Sec. 1.011. SIGNING DOCUMENT BY WITNESS. (a) When this code

requires a person to sign an application, report, or other

document or paper, except as otherwise provided by this code, the

document or paper may be signed for the person by a witness, as

provided by this section, if the person required to sign cannot

do so because of a physical disability or illiteracy.

(b) The person who cannot sign must affix the person's mark to

the document or paper, which the witness must attest. If the

person cannot make the mark, the witness must state that fact on

the document or paper.

(c) The witness must state on the document or paper the name, in

printed form, of the person who cannot sign.

(d) The witness must affix the witness's own signature to the

document or paper and state the witness's own name, in printed

form, near the signature. The witness must also state the

witness's residence address unless the witness is an election

officer, in which case the witness must state the witness's

official title.

(e) The procedure prescribed by this section must be conducted

in the presence of the person who cannot sign.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 3, eff. Sept. 1, 1997.

Sec. 1.012. PUBLIC INSPECTION OF ELECTION RECORDS. (a) Subject

to Subsection (b), an election record that is public information

shall be made available to the public during the regular business

hours of the record's custodian.

(b) For the purpose of safeguarding the election records or

economizing the custodian's time, the custodian may adopt

reasonable rules limiting public access.

(c) Except as otherwise provided by this code or Chapter 552,

Government Code, all election records are public information.

(d) In this code, "election record" includes:

(1) anything distributed or received by government under this

code;

(2) anything required by law to be kept by others for

information of government under this code; or

(3) a certificate, application, notice, report, or other

document or paper issued or received by government under this

code.

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

by Acts 1993, 73rd Leg., ch. 728, Sec. 1, eff. Sept. 1, 1993;

Acts 1995, 74th Leg., ch. 76, Sec. 5.95(88), eff. Sept. 1, 1995;

Acts 2003, 78th Leg., ch. 393, Sec. 1, eff. Sept. 1, 2003.

Sec. 1.013. DESTRUCTION OF RECORDS. After expiration of the

prescribed period for preserving voted ballots, election returns,

other election records, or other records that are preserved under

this code, the records may be destroyed or otherwise disposed of

unless, at the expiration of the preservation period, an election

contest or a criminal investigation or proceeding in connection

with an election to which the records pertain is pending. In that

case, the records shall be preserved until the contest,

investigation, or proceeding is completed and the judgment, if

any, becomes final.

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

Sec. 1.014. ELECTION EXPENSES. (a) Except as otherwise

provided by law, the expenses incurred in the conduct of a

general or special election shall be paid by the political

subdivision served by the authority ordering the election.

(b) Each county in the territory covered by an election ordered

by the governor shall pay the expenses incurred in that

particular county in the conduct of the election.

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

Sec. 1.015. RESIDENCE. (a) In this code, "residence" means

domicile, that is, one's home and fixed place of habitation to

which one intends to return after any temporary absence.

(b) Residence shall be determined in accordance with the

common-law rules, as enunciated by the courts of this state,

except as otherwise provided by this code.

(c) A person does not lose the person's residence by leaving the

person's home to go to another place for temporary purposes only.

(d) A person does not acquire a residence in a place to which

the person has come for temporary purposes only and without the

intention of making that place the person's home.

(e) A person who is an inmate in a penal institution or who is

an involuntary inmate in a hospital or eleemosynary institution

does not, while an inmate, acquire residence at the place where

the institution is located.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 4, eff. Sept. 1, 1997.

Sec. 1.017. INELIGIBILITY NO DEFENSE TO PROSECUTION. It is no

defense to prosecution under this code that a person who receives

an official ballot is ineligible to vote in the election for

which the ballot is received.

Added by Acts 2003, 78th Leg., ch. 393, Sec. 2, eff. Sept. 1,

2003.

Sec. 1.018. APPLICABILITY OF PENAL CODE. In addition to Section

1.03, Penal Code, and to other titles of the Penal Code that may

apply to this code, Title 4, Penal Code, applies to offenses

prescribed by this code.

Added by Acts 2003, 78th Leg., ch. 393, Sec. 2, eff. Sept. 1,

2003.

Sec. 1.019. REQUIRED EVIDENCE OR TESTIMONY. (a) A party to an

offense under this code may be required to furnish evidence or

testimony about the offense.

(b) Evidence or testimony required to be furnished under this

section, or information directly or indirectly derived from that

evidence or testimony, may not be used against the party

providing the evidence or testimony in a criminal case except for

a prosecution of aggravated perjury or contempt.

Added by Acts 2003, 78th Leg., ch. 393, Sec. 2, eff. Sept. 1,

2003.

Sec. 1.020. VOTING DISABILITY OR CANDIDACY DISQUALIFICATION:

DETERMINATION OF MENTAL INCAPACITY. (a) A person determined to

be totally mentally incapacitated by a court exercising probate

jurisdiction is not subject to a voting disability or candidacy

disqualification under this code if, subsequent to that

determination, the person's mental capacity has been completely

restored by a final judgment of a court exercising probate

jurisdiction.

(b) A person determined to be partially mentally incapacitated

without the right to vote by a court exercising probate

jurisdiction is not subject to a voting disability or candidacy

disqualification under this code if, subsequent to that

determination, the person's guardianship has been modified to

include the right to vote or the person's mental capacity has

been completely restored by a final judgment of a court

exercising probate jurisdiction.

Added by Acts 2007, 80th Leg., R.S., Ch.

614, Sec. 21, eff. September 1, 2007.