CHAPTER 271. JOINT ELECTIONS - Texas Statutes

ELECTION CODE

TITLE 16. MISCELLANEOUS PROVISIONS

CHAPTER 271. JOINT ELECTIONS

Sec. 271.001. APPLICABILITY OF OTHER PARTS OF CODE. The other

titles of this code apply to a joint election except provisions

that are inconsistent with this chapter or that cannot feasibly

be applied to a joint election.

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

Sec. 271.002. JOINT ELECTIONS AUTHORIZED. (a) If the elections

ordered by the authorities of two or more political subdivisions

are to be held on the same day in all or part of the same county,

the governing bodies of the political subdivisions may enter into

an agreement to hold the elections jointly in the election

precincts that can be served by common polling places, subject to

Section 271.003.

(b) If an election ordered by the governor and the elections

ordered by the authorities of one or more political subdivisions

are to be held on the same day in all or part of the same county,

the commissioners court of a county in which the election ordered

by the governor is to be held and the governing bodies of the

other political subdivisions may enter into an agreement to hold

the elections jointly in the election precincts that can be

served by common polling places, subject to Section 271.003.

(c) If another law requires two or more political subdivisions

to hold a joint election, the governing body of any other

political subdivision holding an election on the same day in all

or part of the same county in which the joint election is to be

held may enter into an agreement to participate in the joint

election with the governing bodies of the political subdivisions

holding the joint election.

(d) The terms of a joint election agreement must be stated in an

order, resolution, or other official action adopted by the

governing body of each participating political subdivision.

(e) The document containing the joint election agreement shall

be preserved for the period for preserving the precinct election

records.

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

Amended by:

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

1235, Sec. 24, eff. September 1, 2009.

Sec. 271.003. LOCATION OF COMMON POLLING PLACE. (a) A regular

county polling place may be used for a common polling place in a

joint election.

(b) The voters of a particular election precinct or political

subdivision may be served in a joint election by a common polling

place located outside the boundary of the election precinct or

political subdivision if the location can adequately and

conveniently serve the affected voters and will facilitate the

orderly conduct of the election.

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

by Acts 1997, 75th Leg., ch. 1350, Sec. 9, eff. Sept. 1, 1997.

Sec. 271.004. ALLOCATION OF ELECTION EXPENSES. The expenses of

a joint election are allocated as provided by the joint election

agreement.

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

Sec. 271.005. ELECTION OFFICERS. (a) An election officer for a

joint election may be appointed to serve more than one of the

participating political subdivisions.

(b) A person who is eligible to serve as an election officer in

an election of any participating political subdivision is

eligible to serve in the same office in a joint election.

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

Sec. 271.006. EARLY VOTING. (a) The governing bodies of the

political subdivisions participating in a joint election shall

decide whether to conduct their early voting jointly. The

governing bodies that decide to conduct joint early voting shall

appoint one of their early voting clerks as the early voting

clerk for the joint early voting.

(b) The joint early voting shall be conducted at the early

voting polling place or places at which and during the hours,

including any extended or weekend hours, that the early voting

clerk regularly conducts early voting for the clerk's political

subdivision.

(c) The regular early voting clerk for each political

subdivision participating in the joint early voting shall receive

applications for early voting ballots to be voted by mail in

accordance with Title 7. The remaining procedures for conducting

the political subdivision's early voting by mail shall be

completed by the regular early voting clerk or by the early

voting clerk for the joint early voting, at the discretion of the

governing body of each political subdivision participating in the

joint early voting.

(d) If a governing body decides not to participate in the joint

early voting, the early voting for that political subdivision

shall be conducted in accordance with Title 7, except that the

early voting may be conducted at common polling places.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.72; Acts 1991, 72nd

Leg., ch. 554, Sec. 43, eff. Sept. 1, 1991; Acts 1993, 73rd Leg.,

ch. 728, Sec. 77, eff. Sept. 1, 1993.

Sec. 271.007. BALLOT. A single ballot containing all the

offices or propositions stating measures to be voted on at a

particular polling place may be used in a joint election. A voter

may not be permitted to select a ballot containing an office or

proposition stating a measure on which the voter is ineligible to

vote.

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

Sec. 271.0071. MULTIPLE METHODS OF VOTING ALLOWED. The

restrictions on multiple methods of voting at the same polling

place or in early voting prescribed by Sections 123.005-123.007

do not apply to a joint election as if the joint election were a

single election but rather apply independently to the election of

each participating political subdivision in the joint election.

Added by Acts 1997, 75th Leg., ch. 1349, Sec. 72, eff. Sept. 1,

1997.

Sec. 271.008. BALLOT BOXES. (a) One set of ballot boxes may be

used at a common polling place in a joint election for the

deposit of all the ballots for each of the participating

political subdivisions.

(b) If the voted ballots for more than one political subdivision

participating in a joint election are deposited in a single

ballot box after they are counted, the custodian of the key to

the ballot box for voted ballots for elections ordered by an

authority of any one of the participating political subdivisions

may be appointed as the custodian of the key to that box.

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

Sec. 271.009. COMBINING ELECTION FORMS AND RECORDS. The forms

used and records maintained at a common polling place in a joint

election may be combined in any manner convenient and adequate to

record and report the results of the election for each of the

participating political subdivisions.

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

Sec. 271.010. CUSTODIAN OF ELECTION RECORDS. The general

custodian of election records for elections ordered by an

authority of any one of the political subdivisions participating

in a joint election may be appointed as the general custodian of

election records for the joint election if:

(1) the election records for a common polling place are

combined; or

(2) the ballots for more than one of the participating political

subdivisions are deposited by the voters in a single ballot box.

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

Sec. 271.011. CANVASS. (a) The authority responsible for

canvassing the precinct returns for the elections of one of the

political subdivisions participating in a joint election may be

designated to canvass the returns for one or more of the other

participating political subdivisions.

(b) If elections are jointly canvassed, the presiding officer of

the joint canvassing authority shall deliver the appropriate part

of the tabulation of the precinct results to each of the

presiding officers of the canvassing authorities designated by

law for the elections of the participating political

subdivisions. Each tabulation shall then be processed in the same

manner as for an election not canvassed jointly.

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

Sec. 271.012. CERTIFICATE OF ELECTION. The presiding officer of

the canvassing authority that regularly serves a particular

political subdivision shall issue certificates of election to

candidates elected at the joint election to offices of the

political subdivision.

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

Sec. 271.013. COMPENSATION OF JUDGES AND CLERKS. (a) Except as

provided by this section, compensation for election officers

serving at a common polling place in a joint election is the same

as that paid to election officers serving at a regular polling

place.

(b) If the election records, keys, and supplies for a common

polling place are to be delivered to different places for two or

more participating political subdivisions:

(1) compensation may be paid in the amount prescribed by this

code for delivery, multiplied by the number of participating

political subdivisions for which delivery is made to different

locations; and

(2) compensation may be paid to one election officer appointed

to make the delivery or allocated evenly among the election

officers who make the delivery.

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

Sec. 271.014. CONFLICTS WITH OTHER LAW. A law outside this code

pertaining to a joint election supersedes this chapter to the

extent of any conflict.

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