CHAPTER 4. NOTICE OF ELECTION - Texas Statutes

ELECTION CODE

TITLE 1. INTRODUCTORY PROVISIONS

CHAPTER 4. NOTICE OF ELECTION

Sec. 4.001. NOTICE REQUIRED. Notice of each general and special

election shall be given as provided by this chapter.

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

Sec. 4.002. AUTHORITY RESPONSIBLE FOR GIVING NOTICE. Except as

otherwise provided by law, the following authority shall give

notice of an election:

(1) the county judge of each county wholly or partly in the

territory covered by the election, for an election ordered by the

governor;

(2) the presiding officer of the governing body of a political

subdivision, for an election ordered by the presiding officer or

the governing body; and

(3) the authority ordering the election, for an election ordered

by any other authority.

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

Sec. 4.003. METHOD OF GIVING NOTICE. (a) Except as provided by

Subsection (c), notice of an election must be given by any one or

more of the following methods:

(1) by publishing the notice at least once, not earlier than the

30th day or later than the 10th day before election day:

(A) in a newspaper published in the territory that is covered by

the election and is in the jurisdiction of the authority

responsible for giving the notice; or

(B) in a newspaper of general circulation in the territory if

none is published in the jurisdiction of the authority

responsible for giving the notice;

(2) by posting, not later than the 21st day before election day,

a copy of the notice at a public place in each election precinct

that is in the jurisdiction of the authority responsible for

giving the notice; or

(3) by mailing, not later than the 10th day before election day,

a copy of the notice to each registered voter of the territory

that is covered by the election and is in the jurisdiction of the

authority responsible for giving the notice.

(b) In addition to any other notice given for an election under

Subsection (a), not later than the 21st day before election day,

the authority responsible for giving notice of the election shall

post a copy of the notice, which must include the location of

each polling place, on the bulletin board used for posting

notices of the meetings of the governing body of the political

subdivision that the authority serves. For each precinct that is

combined to form a consolidated precinct under Section 42.008,

not later than the 10th day before election day, the authority

shall also post, at the polling place used in the preceding

general election, notice of the precinct's consolidation and the

location of the polling place in the consolidated precinct. A

notice posted under this subsection must remain posted

continuously through election day.

(c) In addition to any other notice given, notice of an election

ordered by a commissioners court or by an authority of a city or

school district must be given by the method prescribed by

Subsection (a)(1).

(d) If other law prescribes the method of giving notice of an

election, that law supersedes this section, except that

Subsection (c) applies regardless of the notice requirements

prescribed by other law with respect to an election covered by

that subsection.

(e) The authority responsible for giving notice of the election

shall deliver to the secretary of state a copy of the notice of a

consolidated precinct required by Subsection (b) not later than

the date of the election.

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

by Acts 1987, 70th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1987;

Acts 1989, 71st Leg., ch. 114, Sec. 1, eff. Sept. 1, 1989.

Sec. 4.004. CONTENTS OF NOTICE. (a) The notice of a general or

special election must state:

(1) the nature and date of the election;

(2) except as provided by Subsection (c), the location of each

polling place, including each early voting polling place;

(3) the hours that the polls will be open; and

(4) any other information required by other law.

(b) The notice of a special election must also state each office

to be filled or the proposition stating each measure to be voted

on. This subsection does not apply to an election on a proposed

constitutional amendment.

(c) If notice of an election is given by posting the notice in

the various election precincts, the notice posted in a precinct

is not required to state the location of the polling places in

other precincts.

(d) If precincts are consolidated under Section 42.008, the

notice must state which precincts have been combined to form each

consolidated precinct in addition to the locations of the polling

places in the consolidated precincts.

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

by Acts 1987, 70th Leg., ch. 479, Sec. 2, eff. Sept. 1, 1987.

Amended by:

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

1235, Sec. 5, eff. September 1, 2009.

Sec. 4.005. RECORD OF NOTICE. (a) If notice of an election is

given by publication, the authority responsible for giving the

notice shall retain a copy of the published notice that contains

the name of the newspaper and the date of publication.

(b) For each notice posted under Section 4.003(a)(2) or (b), the

person posting the notice shall make a record at the time of

posting stating the date and place of posting. The person shall

sign the record and deliver it to the authority responsible for

giving the election notice after the last posting is made.

(c) If notice of an election is given under Section 4.003(a)(3),

the authority responsible for giving the notice shall:

(1) retain a copy of the notice and enter on the copy the date

or dates the mailing occurred; and

(2) prepare a list of the names and addresses of the persons to

whom the notice was mailed.

(d) The authority responsible for giving the election notice

shall preserve the records required by this section for the

period for preserving the precinct election records.

(e) If other law prescribes the method of preserving the notice

of an election, that law supersedes this section.

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

by Acts 1989, 71st Leg., ch. 2, Sec. 7.01, eff. Aug. 28, 1989.

Sec. 4.006. FAILURE TO GIVE NOTICE OF GENERAL ELECTION. Failure

to give notice of a general election does not affect the validity

of the election.

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

Sec. 4.007. NOTICE TO ELECTION JUDGE. Not later than the 15th

day before election day or the seventh day after the date the

election is ordered, whichever is later, the authority

responsible for giving notice of the election shall deliver to

the presiding judge of each election precinct in which the

election is to be held in the authority's jurisdiction a written

notice of:

(1) the nature and date of the election;

(2) the location of the polling place for the precinct served by

the judge;

(3) the hours that the polls will be open;

(4) the judge's duty to hold the election in the precinct

specified by the notice; and

(5) the maximum number of clerks that the judge may appoint for

the election.

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

Sec. 4.008. NOTICE TO COUNTY CLERK. (a) Except as provided by

Subsection (b), the governing body of a political subdivision,

other than a county, that orders an election shall deliver notice

of the election to the county clerk and voter registrar of each

county in which the political subdivision is located not later

than the 60th day before election day.

(b) The governing body of a school district that orders an

election under Section 26.08, Tax Code, to ratify an ad valorem

tax rate adopted by the governing body under Section 26.05(g) of

that code shall deliver notice of the election to the county

clerk of each county in which the school district is located not

later than the 30th day before election day.

Added by Acts 2005, 79th Leg., Ch.

1107, Sec. 1.05, eff. September 1, 2005.

Amended by:

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

195, Sec. 1, eff. September 1, 2009.

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

1328, Sec. 79, eff. September 1, 2009.