CHAPTER 203. VACANCY IN LEGISLATURE - Texas Statutes

ELECTION CODE

TITLE 12. ELECTIONS TO FILL VACANCY IN OFFICE

CHAPTER 203. VACANCY IN LEGISLATURE

Sec. 203.001. APPLICABILITY OF CHAPTER. This chapter applies to

the offices of state senator and state representative.

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

Sec. 203.002. VACANCY FILLED AT SPECIAL ELECTION. An unexpired

term in office may be filled only by a special election in

accordance with this chapter.

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

Sec. 203.003. MAJORITY VOTE REQUIRED. To be elected in a

special election for an unexpired term, a candidate must receive

a majority of the total number of votes received by all

candidates for the unexpired term.

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

Sec. 203.004. DATE OF ELECTION. (a) Except as provided by

Subsection (b), a special election shall be held on the first

uniform election date occurring on or after the 36th day after

the date the election is ordered.

(b) If the election is to be held as an emergency election, it

shall be held on a Tuesday or Saturday occurring on or after the

36th day and before the 50th day after the date the election is

ordered.

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

by Acts 1991, 72nd Leg., ch. 389, Sec. 5, eff. Sept. 1, 1991.

Sec. 203.005. APPLICATION REQUIRED. (a) To be entitled to a

place on a special election ballot, a candidate must make an

application for a place on the ballot.

(b) An application must, in addition to complying with Section

141.031:

(1) state the political party with which the candidate is

aligned or, if the candidate is not aligned with a party, state

that fact; and

(2) be accompanied by:

(A) a filing fee in the amount prescribed by Section 172.024 for

a candidate for nomination for the same office in a general

primary election; or

(B) a petition that satisfies the requirements prescribed by

Section 141.062.

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

Sec. 203.006. APPLICATION FILED WITH SECRETARY OF STATE. An

application for a place on a special election ballot must be

filed with the secretary of state.

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

Sec. 203.007. NUMBER OF PETITION SIGNATURES REQUIRED. The

minimum number of signatures that must appear on the petition

authorized by Section 203.005(b)(2)(B) is 500.

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

Sec. 203.008. CIRCULATION OF PETITION. A petition authorized by

Section 203.005(b)(2)(B) may not be circulated before the day

after the date the vacancy occurs.

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

Sec. 203.009. CERTIFICATION OF CANDIDATES FOR PLACEMENT ON

BALLOT. (a) Except as provided by Subsection (c), the secretary

of state shall certify in writing for placement on the special

election ballot the name of each candidate who files with the

secretary an application that complies with Section 203.005(b).

(b) As soon as practicable after the deadline for filing

applications, the secretary of state shall deliver the

certification to the authority responsible for having the

official special election ballot prepared in each county in which

the special election is to be held.

(c) A candidate's name may not be certified if, before

delivering the certification, the secretary of state learns that

the name is to be omitted from the ballot under Section 145.094.

(d) This section does not apply to the certification of

candidates for a runoff election.

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

Sec. 203.010. TIME FOR CERTIFICATION OF RUNOFF CANDIDATES. The

certification of the names of the runoff candidates for placement

on a runoff ballot shall be delivered not later than the fifth

day after the date the final canvass is completed.

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

Sec. 203.011. PARTY ALIGNMENT ON BALLOT. The party alignment of

each candidate shall be printed on the official ballot next to

the candidate's name.

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

Sec. 203.012. TIME OF CANVASS. (a) The commissioners court

shall convene to conduct the local canvass not later than the

10th day after election day.

(b) The governor shall conduct the state canvass not later than

the 14th day after election day.

(c) The secretary of state shall post, on the bulletin board

used for posting notice of meetings of state governmental bodies,

a notice of the date, hour, and place of the canvass at least 24

hours before the canvass is conducted.

(d) Section 1.006 does not apply to this section.

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

by Acts 1987, 70th Leg., ch. 472, Sec. 50, eff. Sept. 1, 1987;

Acts 1989, 71st Leg., ch. 163, Sec. 5, eff. Sept. 1, 1989; Acts

1993, 73rd Leg., ch. 728, Sec. 73, eff. Sept. 1, 1993; Acts 2003,

78th Leg., ch. 1315, Sec. 53, eff. Jan. 1, 2004.

Sec. 203.013. EXPEDITED ELECTION. (a) This section applies to

a special election to fill an unexpired term if a vacancy occurs:

(1) during a regular session of the legislature and more than 25

days before the last possible day of the session; or

(2) during the 60 days immediately prior to the date of

convening any session of the legislature.

(b) This section supersedes other provisions of this title to

the extent of any conflict.

(c) The election must be held on a Tuesday or Saturday occurring

not earlier than the 21st day or later than the 45th day after

the date the election is ordered.

(d) If the election is to be held before the 36th day after the

date the election is ordered, the governor shall set the deadline

for filing candidates' applications for a place on the ballot,

which must be 5 p.m. of a day not earlier than the fifth day

after the date of the order and not later than the 16th day

before election day.

(e) If a runoff election is necessary, it must be held on a

Tuesday or Saturday occurring not earlier than the 12th day or

later than the 25th day after the date the election is ordered.

(f) If a runoff election is to be held before the 21st day after

the date the election is ordered, an election notice given by

posting shall be posted not later than the seventh day after the

date of the order.

(g) If a runoff election is to be held before the 16th day after

the date the election is ordered, an election notice given by

publication shall be published not later than the third day

before election day.

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

Sec. 203.014. DISPOSITION OF FILING FEES. The secretary of

state shall deposit the filing fees received under Section

203.005 in a suspense account with the comptroller until after

election day. The funds remaining in the account after any

refunds are made shall be deposited to the credit of the General

Revenue Fund.

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

by Acts 1997, 75th Leg., ch. 1423, Sec. 6.02, eff. Sept. 1, 1997.