CHAPTER 201. DETERMINATION OF AND ELECTION TO FILL VACANCY - Texas Statutes

ELECTION CODE

TITLE 12. ELECTIONS TO FILL VACANCY IN OFFICE

CHAPTER 201. DETERMINATION OF AND ELECTION TO FILL VACANCY

SUBCHAPTER A. RESIGNING OR DECLINING OFFICE

Sec. 201.001. RESIGNING OR DECLINING OFFICE. (a) To be

effective, a public officer's resignation or an officer-elect's

declination must be in writing and signed by the officer or

officer-elect and delivered to the appropriate authority for

acting on the resignation or declination. The authority may not

refuse to accept a resignation.

(b) If the authority to act on a resignation or declination is a

body, the resignation or declination may be delivered to the

presiding officer of the body or to its clerk or secretary.

(c) An officer-elect who intends to qualify for the office but

desires to resign at a subsequent date may submit a resignation

in the same manner as an officer who has assumed office, and the

vacancy may be filled in the same manner as if the resignation

had been submitted after the officer-elect assumed office.

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

by Acts 1989, 71st Leg., ch. 1187, Sec. 1, eff. Sept. 1, 1989.

Sec. 201.002. AUTHORITY TO ACT ON RESIGNATION OR DECLINATION.

Unless otherwise provided by law, the authority to act on a

public officer's resignation or an officer-elect's declination is

the officer or body authorized to make an appointment or order a

special election to fill a vacancy in the office.

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

SUBCHAPTER B. TIME VACANCY OCCURS

Sec. 201.021. TIME VACANCY OCCURS GENERALLY. For purposes of

this title, a vacancy in office occurs at the time prescribed by

this subchapter.

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

Sec. 201.022. DEATH. If an officer or officer-elect dies, a

vacancy occurs on the date of death.

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

Sec. 201.023. RESIGNATION. If an officer submits a resignation,

whether to be effective immediately or at a future date, a

vacancy occurs on the date the resignation is accepted by the

appropriate authority or on the eighth day after the date of its

receipt by the authority, whichever is earlier.

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

by Acts 1989, 71st Leg., ch. 1187, Sec. 2, eff. Sept. 1, 1989.

Sec. 201.024. REMOVAL. If an officer is removed from office by

a court or other tribunal, a vacancy occurs on the date the

judgment becomes final.

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

Sec. 201.025. ACCEPTANCE OF ANOTHER OFFICE. If an officer

accepts another office and the two offices may not lawfully be

held simultaneously, a vacancy in the first office occurs on the

date the person qualifies for the other office.

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

Sec. 201.026. DECLARATION OF INELIGIBILITY. (a) If an officer

or officer-elect is declared ineligible to hold the office by a

judgment of a court or other tribunal, a vacancy occurs on the

date the judgment becomes final.

(b) If an officer or officer-elect is declared ineligible to

hold the office by an administrative authority, a vacancy occurs

on the date the declaration is made.

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

Sec. 201.027. NEW OFFICE. If a new office is created, a vacancy

occurs on the effective date of the Act of the legislature

creating the office or on the date the order creating the office

is adopted.

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

by Acts 1993, 73rd Leg., ch. 728, Sec. 71, eff. Sept. 1, 1993.

Sec. 201.028. DECEASED OR INELIGIBLE CANDIDATE RECEIVING VOTE

REQUIRED FOR ELECTION. If a deceased or ineligible candidate

receives the vote required for election to an office, a vacancy

occurs on the date the final canvass of the election is

completed.

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

Sec. 201.029. DECLINATION OF OFFICER-ELECT. If an officer-elect

declines to qualify for the office before assuming office for the

term for which elected, a vacancy in the term occurs on the date

the declination is delivered to the appropriate authority.

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

SUBCHAPTER C. SPECIAL ELECTION TO FILL VACANCY GENERALLY

Sec. 201.051. TIME FOR ORDERING ELECTION. (a) If a vacancy in

office is to be filled by special election, the election shall be

ordered as soon as practicable after the vacancy occurs, subject

to Subsection (b).

(b) For a vacancy to be filled by a special 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.

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

Amended by:

Acts 2005, 79th Leg., Ch.

1109, Sec. 26, eff. September 1, 2005.

Sec. 201.052. DATE OF ELECTION. (a) Except as otherwise

provided by this code, a special election to fill a vacancy shall

be held on the first authorized uniform election date occurring

on or after the 30th day after the date the election is ordered.

(b) If a law outside this code authorizes the holding of the

election on a date earlier than the 30th day after the date of

the order, the election shall be held on the first authorized

uniform election date occurring on or after the earliest date

that the election could be held under that law.

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

Sec. 201.053. UNEXPIRED TERM AND FULL TERM FILLED

SIMULTANEOUSLY. (a) If, after the general election for an

office for which a vacancy is filled by special election but

before the succeeding full term begins, a vacancy occurs in both

the unexpired portion of the current term and in the succeeding

full term that was filled at the general election, the special

election shall be ordered to fill only the full term.

(b) If any portion of the unexpired current term remains after

the date the final canvass of the special election for the full

term is completed, the person elected to the full term, if

eligible to hold the unexpired current term, is considered to be

elected to the remainder of the unexpired current term also and

is entitled to qualify and assume office for the unexpired

current term and the succeeding full term immediately on

receiving a certificate of election. The certificate must recite

that it is for both the unexpired current term and the full term.

(c) After qualifying for the unexpired current term, the person

is not required to qualify again for the full term. If a bond is

required, the amount of the bond for the unexpired current term

and the full term is the same as for the full term.

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

Renumbered from Election Code Sec. 201.054 by Acts 1991, 72nd

Leg., ch. 389, Sec. 4, eff. Sept. 1, 1991.

Sec. 201.054. FILING PERIOD FOR APPLICATION FOR PLACE ON BALLOT.

(a) Except as provided by Subsection (f), a candidate's

application for a place on a special election ballot must be

filed not later than:

(1) 5 p.m. of the 62nd day before election day, if election day

is on or after the 70th day after the date the election is

ordered;

(2) 5 p.m. of the 31st day before election day, if election day

is on or after the 36th day and before the 70th day after the

date the election is ordered; or

(3) 5 p.m. of a day fixed by the authority ordering the

election, which day must be not earlier than the fifth day after

the date the election is ordered and not later than the 20th day

before election day, if election day is before the 36th day after

the date the election is ordered.

(b) If a special election is to be held as an emergency election

and a law outside this code prescribes a filing deadline, that

deadline applies.

(c) The election order must state the filing deadline.

(d) An application may not be filed before the election is

ordered.

(e) An application filed by mail is considered to be filed at

the time of its receipt by the appropriate authority.

(f) For a special election to be held on the date of the general

election for state and county officers, the day of the filing

deadline is the 67th day before election day.

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

Renumbered from Election Code Sec. 201.055 by Acts 1991, 72nd

Leg., ch. 389, Sec. 4, eff. Sept. 1, 1991.

Amended by:

Acts 2005, 79th Leg., Ch.

1109, Sec. 27, eff. September 1, 2005.

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

1235, Sec. 19, eff. September 1, 2009.