CHAPTER 3. ORDERING ELECTION - Texas Statutes

ELECTION CODE

TITLE 1. INTRODUCTORY PROVISIONS

CHAPTER 3. ORDERING ELECTION

Sec. 3.001. ORDER REQUIRED. Each general and special election

shall be ordered as provided by this chapter.

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

Sec. 3.002. CONFLICTS WITH OTHER LAW. A law outside this

chapter supersedes this chapter to the extent of any conflict.

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

Sec. 3.003. ELECTION ORDERED BY GOVERNOR. (a) The governor

shall order:

(1) each general election for officers of the state government,

members of the United States Congress, and electors for president

and vice-president of the United States;

(2) each election on a proposed constitutional amendment; and

(3) each special election to fill a vacancy in the legislature

or in congress.

(b) The order shall be made by proclamation.

(c) Not later than the 36th day before election day, a copy of

the proclamation ordering an election shall be mailed to the

county judge of each county wholly or partly in the territory

covered by the election.

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

Sec. 3.004. ELECTION OF POLITICAL SUBDIVISION. (a) The

following authority shall order an election:

(1) the county judge, for the general election for officers of

the county government;

(2) the mayor, for the general election for city officers in a

city with a population of 1.9 million or more; and

(3) the governing body of a political subdivision, other than a

county or a city described by Subdivision (2), that has elective

offices, for the general election for those officers.

(b) If a law providing for an election relating to the affairs

of a political subdivision does not designate the authority

responsible for ordering the election, the governing body of the

political subdivision shall order the election.

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

by Acts 2001, 77th Leg., ch. 340, Sec. 1, eff. Sept. 1, 2001.

Sec. 3.005. TIME FOR ORDERING ELECTION. (a) Except as provided

by Subsections (c) and (d), an election ordered by an authority

of a political subdivision shall be ordered not later than the

62nd day before election day.

(b) This section supersedes a law outside this code to the

extent of any conflict.

(c) For an election to be held on the date of the general

election for state and county officers, the election shall be

ordered not later than the 70th day before election day.

(d) An election under Section 26.08, Tax Code, to ratify a tax

rate adopted by the governing body of a school district under

Section 26.05(g) of that code shall be ordered not later than the

30th day before election day.

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

by Acts 2003, 78th Leg., ch. 925, Sec. 1, eff. Nov. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1109, Sec. 2, eff. September 1, 2005.

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

1328, Sec. 78, eff. September 1, 2009.

Sec. 3.006. CONTENTS OF ELECTION ORDER. In addition to any

other elements required to be included in an election order by

other law, each election order must state the date of the

election and the offices or measures to be voted on at the

election.

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

Sec. 3.007. FAILURE TO ORDER GENERAL ELECTION. Failure to order

a general election does not affect the validity of the election.

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

Sec. 3.008. PRESERVATION OF ELECTION ORDER. (a) The authority

ordering an election shall preserve the order, proclamation, or

other document ordering the election for the period for

preserving the precinct election records.

(b) For an election ordered by an authority of a political

subdivision, the date and nature of each election shall be

entered in the official records of the political subdivision's

governing body. For an election on a measure, the entry must

include a description of the measure.

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