CHAPTER 2. VOTE REQUIRED FOR ELECTION TO OFFICE - Texas Statutes

ELECTION CODE

TITLE 1. INTRODUCTORY PROVISIONS

CHAPTER 2. VOTE REQUIRED FOR ELECTION TO OFFICE

SUBCHAPTER A. ELECTION BY PLURALITY

Sec. 2.001. PLURALITY VOTE REQUIRED. Except as otherwise

provided by law, to be elected to a public office, a candidate

must receive more votes than any other candidate for the office.

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

Sec. 2.002. TIE VOTE. (a) Except as provided by Subsection

(f), (g), or (i), in an election requiring a plurality vote, if

two or more candidates for the same office tie for the number of

votes required to be elected, a second election to fill the

office shall be held.

(b) Not later than the fifth day after the date the automatic

recount required by Subsection (i) is completed or the final

canvass following the automatic recount is completed, if

applicable, the authority responsible for ordering the first

election shall order the second election. The second election

shall be held not earlier than the 20th day or later than the

30th day after the date the automatic recount required by

Subsection (i) is completed or the final canvass following the

automatic recount is completed, if applicable.

(c) The names of the tying candidates only shall be printed on

the ballot for the second election. Write-in votes are not

permitted. If either of the candidates is a party nominee, the

title of the office shall be listed on the ballot in a vertical

column with the name of each candidate listed below the office

title with each candidate's political party alignment next to the

name.

(d) The order of the candidates' names on the ballot shall be

determined by a drawing in accordance with Section 52.094.

(e) Notice of the second election shall be given in accordance

with Chapter 4 except that a notice under Section 4.003(a)(2) or

(b) must be posted not later than the 15th day before election

day.

(f) The tying candidates may agree to cast lots to resolve the

tie. The agreement must be filed with the authority responsible

for ordering the election. That authority or, if the authority is

a body, the body's presiding officer, shall supervise the casting

of lots.

(g) A tying candidate may resolve the tie by filing with the

authority described by Subsection (f) a written statement of

withdrawal signed and acknowledged by the candidate. On receipt

of the statement of withdrawal, the remaining candidate is the

winner, and a second election or casting of lots is not held.

(h) This section does not apply to elective offices of the

executive department specified by Article IV, Section 1, of the

Texas Constitution.

(i) If the tie vote is not resolved under Subsection (f) or (g),

an automatic recount shall be conducted in accordance with

Chapter 216 before the second election is held. If the recount

resolves the tie, the second election is not held.

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

by Acts 1997, 75th Leg., ch. 1349, Sec. 1, eff. Sept. 1, 1997;

Acts 2001, 77th Leg., ch. 851, Sec. 1, eff. Sept. 1, 2001.

SUBCHAPTER B. RUNOFF ELECTION

Sec. 2.021. RUNOFF ELECTION REQUIRED. If no candidate for a

particular office receives the vote necessary to be elected in an

election requiring a majority vote, a runoff election for that

office is required.

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

Sec. 2.022. CONFLICTS WITH OTHER LAW. (a) Except as provided

by Subsection (b), a law outside this subchapter supersedes this

subchapter to the extent of any conflict.

(b) Sections 2.023 and 2.028 supersede a law outside this

subchapter to the extent of any conflict.

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

by Acts 2003, 78th Leg., ch. 652, Sec. 1, eff. Sept. 1, 2003.

Sec. 2.023. RUNOFF CANDIDATES. (a) Except as provided by

Subsections (b) and (c), the candidates in a runoff election are

the candidates who receive the highest and second highest number

of votes in the main election or who tie for the highest number

of votes.

(b) If more than two candidates tie for the highest number of

votes in the main election, an automatic recount shall be

conducted in accordance with Chapter 216. If the recount does not

resolve the tie, the tied candidates shall cast lots to determine

which two are to be the runoff candidates.

(c) If two or more candidates tie for the second highest number

of votes in the main election, an automatic recount shall be

conducted in accordance with Chapter 216. If the recount does not

resolve the tie, the tied candidates shall cast lots to determine

which one is to be the second candidate in the runoff election.

(d) The presiding officer of the final canvassing authority for

the election shall supervise the casting of lots under this

section.

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

by Acts 2003, 78th Leg., ch. 652, Sec. 2, eff. Sept. 1, 2003.

Sec. 2.024. ORDERING RUNOFF. Not later than the fifth day after

the date the final canvass of the main election is completed, the

authority responsible for ordering the main election shall order

the runoff election.

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

Sec. 2.025. RUNOFF ELECTION DAY. (a) Except as otherwise

provided by this code, a runoff election shall be held not

earlier than the 20th or later than the 45th day after the date

the final canvass of the main election is completed.

(b) A runoff election date later than the period prescribed by

Subsection (a) may be prescribed by a home-rule city charter.

(c) This section supersedes a law outside this subchapter to the

extent of a conflict notwithstanding Section 2.022.

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

by Acts 1987, 70th Leg., 2nd C.S., ch. 60, Sec. 2, eff. Oct. 20,

1987; Acts 1991, 72nd Leg., ch. 389, Sec. 1, eff. Sept. 1, 1991;

Acts 1993, 73rd Leg., ch. 728, Sec. 2, eff. Sept. 1, 1993; Acts

2003, 78th Leg., ch. 1316, Sec. 2, eff. Sept. 1, 2003.

Sec. 2.026. NOTICE OF RUNOFF. Notice of a runoff election shall

be given in accordance with Chapter 4 except that a notice under

Section 4.003(a)(2) or (b) must be posted not later than the 15th

day before election day.

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

Sec. 2.027. CERTIFICATION OF RUNOFF CANDIDATES. The presiding

officer of the final canvassing authority shall certify in

writing for placement on a runoff election ballot the names of

the runoff candidates and shall deliver the certification to the

authority responsible for having the official ballot prepared.

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

Sec. 2.028. TIE VOTE IN RUNOFF. (a) Except as provided by

Subsection (c), if the candidates in a runoff election tie, an

automatic recount shall be conducted in accordance with Chapter

216. If the recount does not resolve the tie, the tied candidates

shall cast lots to determine the winner.

(b) The presiding officer of the final canvassing authority

shall supervise the casting of lots under this section.

(c) A tying candidate may resolve the tie by filing with the

presiding officer of the final canvassing authority a written

statement of withdrawal signed and acknowledged by the candidate.

On receipt of the statement of withdrawal, the remaining

candidate is the winner, and a casting of lots is not held.

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

by Acts 1997, 75th Leg., ch. 1349, Sec. 2, eff. Sept. 1, 1997;

Acts 2003, 78th Leg., ch. 652, Sec. 3, eff. Sept. 1, 2003.

SUBCHAPTER C. ELECTION OF UNOPPOSED CANDIDATE

Sec. 2.051. APPLICABILITY OF SUBCHAPTER. (a) Except as

provided by Sections 2.055 and 2.056, this subchapter applies

only to an election for officers of a political subdivision other

than a county in which write-in votes may be counted only for

names appearing on a list of write-in candidates and in which

each candidate for an office that is to appear on the ballot is

unopposed, except as provided by Subsection (b). For purposes of

this section, a special election of a political subdivision is

considered to be a separate election with a separate ballot from:

(1) a general election for officers of the political subdivision

held at the same time as the special election; or

(2) another special election of the political subdivision held

at the same time as the special election.

(b) In the case of an election in which any members of the

political subdivision's governing body are elected from

territorial units such as single-member districts, this

subchapter applies to the election in a particular territorial

unit if each candidate for an office that is to appear on the

ballot in that territorial unit is unopposed and no at-large

proposition or opposed at-large race is to appear on the ballot.

This subchapter applies to an unopposed at-large race in such an

election regardless of whether an opposed race is to appear on

the ballot in a particular territorial unit.

Added by Acts 1995, 74th Leg., ch. 667, Sec. 1, eff. Sept. 1,

1995. Amended by Acts 1997, 75th Leg., ch. 1349, Sec. 3, eff.

Sept. 1, 1997; Acts 2001, 77th Leg., ch. 17, Sec. 1, eff. Jan. 1,

2002; Acts 2003, 78th Leg., ch. 1061, Sec. 1; Acts 2003, 78th

Leg., ch. 1316, Sec. 3, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1107, Sec. 1.01, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

1235, Sec. 1, eff. September 1, 2009.

Sec. 2.052. CERTIFICATION OF UNOPPOSED STATUS. (a) The

authority responsible for having the official ballot prepared

shall certify in writing that a candidate is unopposed for

election to an office if, were the election held, only the votes

cast for that candidate in the election for that office may be

counted.

(b) The certification shall be delivered to the governing body

of the political subdivision as soon as possible after the filing

deadlines for placement on the ballot and list of write-in

candidates.

Added by Acts 1995, 74th Leg., ch. 667, Sec. 1, eff. Sept. 1,

1995.

Amended by:

Acts 2005, 79th Leg., Ch.

1107, Sec. 1.02, eff. September 1, 2005.

Sec. 2.053. ACTION ON CERTIFICATION. (a) On receipt of the

certification, the governing body of the political subdivision by

order or ordinance may declare each unopposed candidate elected

to the office. If no election is to be held on election day by

the political subdivision, a copy of the order or ordinance shall

be posted on election day at each polling place used or that

would have been used in the election.

(b) If a declaration is made under Subsection (a), the election

is not held.

(c) The ballots used at a separate election held at the same

time as an election that would have been held if the candidates

were not declared elected under this section shall include the

offices and names of the candidates declared elected under this

section listed separately after the measures or contested races

in the separate election under the heading "Unopposed Candidates

Declared Elected." The candidates shall be grouped in the same

relative order prescribed for the ballot generally. No votes are

cast in connection with the candidates.

(d) The secretary of state by rule may prescribe any additional

procedures necessary to accommodate a particular voting system or

ballot style and to facilitate the efficient and cost-effective

implementation of this section.

(e) A certificate of election shall be issued to each candidate

in the same manner and at the same time as provided for a

candidate elected at the election. The candidate must qualify

for the office in the same manner as provided for a candidate

elected at the election.

Added by Acts 1995, 74th Leg., ch. 667, Sec. 1, eff. Sept. 1,

1995. Amended by Acts 2003, 78th Leg., ch. 1316, Sec. 4, eff.

Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1235, Sec. 2, eff. September 1, 2009.

Sec. 2.054. COERCION AGAINST CANDIDACY PROHIBITED. (a) In an

election that may be subject to this subchapter, a person commits

an offense if by intimidation or by means of coercion the person

influences or attempts to influence a person to:

(1) not file an application for a place on the ballot or a

declaration of write-in candidacy; or

(2) withdraw as a candidate.

(b) In this section, "coercion" has the meaning assigned by

Section 1.07, Penal Code.

(c) An offense under this section is a Class A misdemeanor

unless the intimidation or coercion is a threat to commit a

felony, in which event it is a felony of the third degree.

Added by Acts 1995, 74th Leg., ch. 667, Sec. 1, eff. Sept. 1,

1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1235, Sec. 3, eff. September 1, 2009.

Sec. 2.055. SPECIAL ELECTION TO FILL VACANCY IN LEGISLATURE.

(a) The secretary of state may declare an unopposed candidate

elected to fill a vacancy in the legislature if:

(1) each candidate for an office that is to appear on the ballot

is unopposed; and

(2) no proposition is to appear on the ballot.

(b) If a declaration is made under Subsection (a), the election

is not held. A copy of the declaration shall be posted on

election day at each polling place that would have been used in

the election.

(c) The secretary of state shall issue a certificate of election

to each candidate in the same manner as provided for a candidate

elected at the election.

Added by Acts 2001, 77th Leg., ch. 17, Sec. 2, eff. Jan. 1, 2002.

Amended by:

Acts 2005, 79th Leg., Ch.

1107, Sec. 1.03, eff. September 1, 2005.

Sec. 2.056. UNOPPOSED CANDIDATE FOR OFFICE OF STATE OR COUNTY

GOVERNMENT. (a) In this section:

(1) "Certifying authority" means:

(A) the secretary of state, for a statewide or district office;

or

(B) the county clerk, for a county or precinct office.

(2) "Office of the state or county government" means an office

described by Section 52.092(a)(2) or (3).

(b) This section applies only to the general election for state

and county officers.

(c) A certifying authority may declare a candidate elected to an

office of the state or county government if, were the election

held, only the votes cast for that candidate in the election for

that office may be counted.

(d) If a declaration is made under Subsection (c):

(1) the election for that office is not held; and

(2) the name of the candidate is listed on the ballot as elected

to the office as provided by this section.

(e) The offices and names of any candidates declared elected

under this section shall be listed separately after the contested

races in the election under the heading "Unopposed Candidates

Declared Elected." The candidates shall be grouped according to

their respective political party affiliations or status as

independents in the same relative order prescribed for the ballot

generally. No votes are cast in connection with the candidates.

(f) The secretary of state by rule may prescribe any additional

procedures as necessary to accommodate a particular voting system

or ballot style and to facilitate the efficient and

cost-effective implementation of this section.

(g) The certifying authority shall issue a certificate of

election to a candidate declared elected under this section in

the same manner as provided for a candidate elected at the

election.

Added by Acts 2003, 78th Leg., ch. 1061, Sec. 2.

Amended by:

Acts 2005, 79th Leg., Ch.

1107, Sec. 1.04, eff. September 1, 2005.

SUBCHAPTER D. CANCELLATION OF ELECTIONS

Sec. 2.081. CANCELLATION OF MOOT MEASURE. (a) If an authority

that orders an election on a measure determines that the action

to be authorized by the voters may not be taken, regardless of

the outcome of the election, the authority may declare the

measure moot and remove the measure from the ballot.

(b) If a measure is declared moot under this section and is

removed from the ballot, the authority holding the election shall

post notice of the declaration during early voting by personal

appearance and on election day, at each polling place that would

have been used for the election on the measure.

Added by Acts 2009, 81st Leg., R.S., Ch.

1235, Sec. 4, eff. September 1, 2009.

Sec. 2.082. SPECIFIC AUTHORITY FOR CANCELLATION REQUIRED. An

authority that orders an election may cancel the election only if

the power to cancel the election is specifically provided by

statute.

Added by Acts 2009, 81st Leg., R.S., Ch.

1235, Sec. 4, eff. September 1, 2009.