CHAPTER 52. BALLOT FORM, CONTENT, AND PREPARATION - Texas Statutes

ELECTION CODE

TITLE 5. ELECTION SUPPLIES

CHAPTER 52. BALLOT FORM, CONTENT, AND PREPARATION

SUBCHAPTER A. PREPARING THE BALLOT

Sec. 52.001. OFFICIAL BALLOT. (a) Except as provided by

Subsection (b), the vote in an election is by official ballot.

(b) If an official ballot is unavailable at a polling place, the

presiding election judge shall provide a ballot designed in

accordance with this chapter.

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

Sec. 52.002. AUTHORITY PREPARING BALLOT. Except as otherwise

provided by law, the following authority shall have the official

ballot prepared:

(1) for an election ordered by the governor or a county

authority, the county clerk;

(2) for a primary election, the county chair of the political

party holding the primary;

(3) for an election ordered by a city authority, the city

secretary; and

(4) for an election ordered by an authority of a political

subdivision other than a county or city, the secretary of the

subdivision's governing body or, if the governing body has no

secretary, the governing body's presiding officer.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 48, eff. Sept. 1, 1997.

Sec. 52.003. PLACING CANDIDATE'S NAME ON BALLOT. (a) Except as

otherwise provided by law, the authority responsible for having

the official ballot prepared shall have placed on the ballot the

name of each candidate:

(1) who has filed with the authority an application for a place

on the ballot that complies with the requirements as to form,

content, and procedure that the application must satisfy for the

candidate's name to be placed on the ballot; or

(2) whose entitlement to placement on the ballot has been

lawfully certified to the authority.

(b) A candidate's name shall be placed on the ballot in the form

indicated on the candidate's application or, if the application

was not filed with the authority, in the form certified to the

authority.

(c) Except as otherwise provided by law, in a runoff election,

the authority shall have placed on the ballot the name of each

candidate who is entitled to a place on the runoff ballot as

indicated by the canvass for the main election.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 49, eff. Sept. 1, 1997.

Sec. 52.004. FAILURE TO PLACE CANDIDATE'S NAME ON BALLOT. (a)

A person commits an offense if the person is responsible for

having the official ballot prepared for an election and knowingly

fails to place on the ballot the name of a candidate who is

entitled to have the candidate's name placed on the ballot.

(b) An offense under this section is a Class A misdemeanor.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 50, eff. Sept. 1, 1997.

Sec. 52.005. BALLOT CONTENT DETERMINED ACCORDING TO PRECINCT.

The ballot for an election precinct may contain only those

offices and propositions stating measures on which the qualified

voters of the precinct are entitled to vote.

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

Sec. 52.006. CORRECTING BALLOT. (a) To make a necessary

correction on the ballot, the authority responsible for having

the official ballot prepared may:

(1) prepare new ballots;

(2) line out or otherwise obscure the language being corrected

and enter in printed form the correct language next to the

language being corrected, if necessary; or

(3) prepare printed or blank correction stickers to be affixed

to the ballots.

(b) A correction sticker used under this section must be printed

in the same type style and on the same color of paper as the

ballot.

(c) A correction sticker may be affixed to a ballot only by the

authority responsible for having the official ballot prepared or

by an election officer serving a polling place.

(d) A vote may not be counted for a name appearing on a

correction sticker unless the sticker is prepared and affixed to

the ballot as provided by this section.

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

Sec. 52.0061. NOTICE OF CORRECTION BY AUTHORITY RESPONSIBLE FOR

PREPARING BALLOT. (a) The authority responsible for having the

official ballot prepared shall deliver written notice to the

secretary of state not later than 24 hours after the authority's

determination to prepare new ballots to make a correction on the

ballot.

(b) The notice must include a statement of the nature of the

correction to be made.

Added by Acts 1989, 71st Leg., ch. 289, Sec. 1, eff. Sept. 1,

1989.

Sec. 52.0062. NOTICE OF CORRECTION BY CERTAIN PRINTERS. (a)

Each person required to file a statement under Section 51.013

shall deliver written notice to the secretary of state not later

than 48 hours after the person receives a request to prepare new

ballots to make a correction on the ballot for a primary election

or the general election for state and county officers.

(b) The notice must include the name, address, and telephone

number of the person requesting the corrected ballots and a

statement of the nature of the correction to be made.

Added by Acts 1989, 71st Leg., ch. 289, Sec. 1, eff. Sept. 1,

1989.

Sec. 52.0063. UNLAWFUL PREPARATION OF BALLOTS. (a) A person

commits an offense if the person knowingly prepares or causes to

be prepared new ballots to make a correction on the ballot

without complying with Section 52.0061 or 52.0062, as applicable.

(b) Except as authorized by Section 52.006, a person commits an

offense if the person knowingly prepares or causes to be prepared

for an election any ballot that contains the same number as a

ballot that has been prepared for the election.

(c) An offense under this section is a Class A misdemeanor.

Added by Acts 1989, 71st Leg., ch. 289, Sec. 1, eff. Sept. 1,

1989.

Sec. 52.0064. DESTRUCTION OF INCORRECT BALLOTS. (a) If new

ballots are prepared to make a correction on the ballot, the

authority responsible for having the official ballot prepared

shall destroy the incorrect ballots in the presence of:

(1) the sheriff, in an election ordered by the governor or a

primary election; or

(2) the authority responsible for ordering the election, in any

other election.

(b) The authority responsible for having the official ballot

prepared shall post in the authority's office a notice of the

date, hour, and place of the destruction of the incorrect

ballots. The notice must remain posted continuously for the 72

hours preceding the scheduled time of the destruction.

(c) Any interested person is entitled to be present at the

destruction of incorrect ballots.

(d) The authority responsible for having the official ballot

prepared shall prepare a record of the incorrect ballots that are

destroyed. The authority shall preserve the record for the period

for preserving the precinct election records.

Added by Acts 1989, 71st Leg., ch. 289, Sec. 1, eff. Sept. 1,

1989. Acts 1993, 73rd Leg., ch. 728, Sec. 13, eff. Sept. 1, 1993.

Sec. 52.007. SPECIMEN BALLOT. (a) An official ballot for each

ballot format used in each election shall be designated a

specimen ballot.

(b) The specimen ballot shall be made available for public

inspection:

(1) for an election other than a primary election, in the office

of the authority responsible for having the official ballot

prepared; or

(2) for a primary election, in the office of the county clerk.

(c) The specimen ballot shall be made available for public

inspection as soon as practicable after the official ballots have

been prepared for the election and shall be preserved for the

period for preserving the precinct election records.

(d) The county chair of each political party holding a primary

election shall deliver the ballots to be used as specimen ballots

to the county clerk when the official ballots are received from

the printer.

(e) The authority in whose office the specimen ballot is kept

shall mark each specimen ballot with "SPECIMEN" in a manner that

will not prevent the reading of its contents. If more than one

ballot format is used in the election, the authority shall

indicate on the specimen ballot the election precincts in which

each ballot format is used.

(f) A specimen ballot may not be reproduced for distribution.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 51, eff. Sept. 1, 1997.

Sec. 52.008. SAMPLE BALLOT. (a) The authority responsible for

procuring the election supplies shall have a supply of sample

ballots printed.

(b) A sample ballot may be printed only on yellow paper. "SAMPLE

BALLOT" shall be printed in large letters at the top of each

sample ballot.

(c) Sample ballots shall be distributed for use in the election

as directed by the authority responsible for procuring the

election supplies.

(d) A sample ballot may not be cast or counted in an election.

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

by Acts 2003, 78th Leg., ch. 1315, Sec. 17, eff. Jan. 1, 2004.

SUBCHAPTER B. NAME ON BALLOT

Sec. 52.031. FORM OF NAME ON BALLOT. (a) A candidate's name

shall be printed on the ballot with the given name or initials

first, followed by a nickname, if any, followed by the surname,

in accordance with this section.

(b) In combination with the surname, a candidate may use one or

more of the following:

(1) a given name;

(2) a contraction or familiar form of a given name by which the

candidate is known; or

(3) an initial of a given name.

(c) A nickname of one unhyphenated word of not more than 10

letters by which the candidate has been commonly known for at

least three years preceding the election may be used in

combination with a candidate's name. A nickname that constitutes

a slogan or otherwise indicates a political, economic, social, or

religious view or affiliation may not be used. A nickname may not

be used unless the candidate executes and files with the

application for a place on the ballot an affidavit indicating

that the nickname complies with this subsection.

(d) A suffix such as "Sr.," "Jr.," or "2nd" may be used in

combination with a candidate's name.

(e) A married woman or widow may use in combination with her

surname, if the same as her husband's surname, the given name or

initials of her husband with the prefix "Mrs."

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

by Acts 1997, 75th Leg., ch. 1349, Sec. 22, eff. Sept. 1, 1997.

Sec. 52.032. CANDIDATES WITH SAME OR SIMILAR SURNAMES. (a) If

two or more candidates for the same office have the same or

similar surnames, each of those candidates may have printed on

the ballot a brief distinguishing description or title, not to

exceed four words, following the candidate's name.

(b) The description or title may only refer to the candidate's

place of residence or present or former profession, occupation,

or position. However, the description or title may not refer to a

public office.

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

by Acts 1987, 70th Leg., ch. 472, Sec. 12, eff. Sept. 1, 1987.

Sec. 52.033. TITLES PROHIBITED. Except as otherwise provided by

this subchapter, a title or designation of office, status, or

position may not be used in conjunction with a candidate's name

on the ballot.

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

Sec. 52.034. NAME ON BALLOT MORE THAN ONCE. A candidate's name

may not appear more than once on the ballot except as a candidate

for:

(1) two or more offices that are permitted by law to be held by

the same person; or

(2) the office of president or vice-president of the United

States and another office.

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

SUBCHAPTER C. FORM OF BALLOT

Sec. 52.061. PRINTING ON BALLOT. (a) The ballot shall be

printed in black ink on white or light-colored paper, but the

ballot may not be the same color as sample ballots.

(b) The type on the ballot may vary in size and style for the

office titles, column headings, names of candidates, proposition

headings, and propositions, but the type for each particular

category must be uniform.

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

by Acts 1997, 75th Leg., ch. 1349, Sec. 23, eff. Sept. 1, 1997.

Sec. 52.062. NUMBERING OF BALLOTS. The ballots prepared by each

authority responsible for having the official ballot prepared

shall be numbered consecutively beginning with the number "1."

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

Sec. 52.063. DESIGNATION OF ELECTION AND DATE. A designation of

the nature of the election and the date of the election shall be

printed at the top of the ballot.

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

Sec. 52.064. DESIGNATION AS OFFICIAL BALLOT. "OFFICIAL BALLOT"

shall be printed in large letters on the ballot immediately below

the designation and date of the election.

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

Sec. 52.065. ARRANGEMENT OF BALLOT WITH PARTY NOMINEE. (a) For

an election in which a candidate's name is to appear on the

ballot as the nominee of a political party, the ballot shall be

arranged in vertical columns separated by parallel lines, as

provided by this section.

(b) Each title of an office to be voted on shall be listed in

the first column on the left of the ballot with "Candidates For:"

printed at the top. The office titles shall be separated by

parallel horizontal lines extending through each column on the

ballot.

(c) The name of each political party with a nominee on the

ballot shall be printed at the top of the second and as many

succeeding columns as necessary. The name of the nominee of each

party for each office shall appear opposite the office in the

appropriate party column. The party columns shall be of uniform

width.

(d) If the name of an independent candidate is to appear on the

ballot, a column immediately following the party columns shall be

provided, with "Independent" printed at the top. The name of each

independent candidate shall appear in the column opposite the

appropriate office title.

(e) If write-in votes are permitted by law in the election, a

column immediately following the other columns shall be provided

for write-in votes, with "Write-in" printed at the top. Adequate

space shall be provided in the column for write-in votes.

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

Sec. 52.066. ARRANGEMENT OF BALLOT WITH NO PARTY NOMINEE. (a)

For an election in which no party nominee is to appear on the

ballot, the ballot shall be arranged as provided by this section.

(b) Each title of an office to be voted on shall be listed in a

vertical column with the name of each candidate listed below the

appropriate office title.

(c) If write-in votes are permitted by law in the election, a

space underscored by a broken or solid line shall be provided for

a write-in vote below the names of the candidates for each

office. If more than one candidate is to be elected to an office,

write-in spaces shall be provided in a number equal to the number

of candidates to be elected.

(d) If the length of the ballot arranged as one column would

exceed 18 inches, the office titles may be arranged in parallel

vertical columns.

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

Sec. 52.067. NONALIGNED CANDIDATE DESIGNATED AS INDEPENDENT. In

an election in which the candidates' political party alignments

are to be printed on the ballot next to the candidates' names,

"Independent" shall be printed on the ballot next to the name of

each candidate who is not aligned with a political party.

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

Sec. 52.068. OFFICE TITLE TO APPEAR ON BALLOT IF NO CANDIDATE

FOR OFFICE. (a) If no candidate's name is to appear on the

ballot for a particular office to be voted on at an election in

which write-in votes for the office are permitted by law, the

authority responsible for having the official ballot prepared

shall have the office title printed on the ballot and shall

provide a space for a write-in vote as required by this code.

However, in an election in which write-in votes may be counted

only for names appearing on a list of write-in candidates, if no

candidate's name is to appear on the ballot or the list of

write-in candidates for a particular office, the office title is

not printed on the ballot.

(b) If the authority fails to have the office title printed on

the ballot, a person may not be declared elected to the office

because of write-in votes that are cast by writing in the office

title and the person's name unless the total number of votes cast

for all write-in candidates for that office is more than 50

percent of the total number of voters participating in the

election who are eligible to vote for the office.

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

by Acts 1987, 70th Leg., ch. 472, Sec. 13, eff. Sept. 1, 1987;

Acts 1987, 70th Leg., ch. 497, Sec. 1, eff. Sept. 1, 1987; Acts

1999, 76th Leg., ch. 62, Sec. 5.09, eff. Sept. 1, 1999.

Sec. 52.069. UNEXPIRED TERM. If an office to be filled for an

unexpired term is to be voted on at a general or primary

election, "unexpired term" shall be printed on the ballot

following the office title.

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

Sec. 52.070. VOTING SQUARE AND INSTRUCTION FOR CANDIDATES. (a)

A square for voting shall be printed to the left of each

candidate's name on a ballot.

(b) Immediately below "OFFICIAL BALLOT," the following

instruction shall be printed: "Vote for the candidate of your

choice in each race by placing an 'X' in the square beside the

candidate's name."

(c) Appropriate changes in the instruction shall be made if only

one race appears on the ballot or if more than one candidate is

to be elected in a race.

(d) If more than one candidate is to be elected in any race on

the ballot, "Vote for none, one, two, ... or ___" (in the

numerical sequence appropriate for the number of candidates to be

elected) shall be printed immediately below each office title

appearing on the ballot.

(e) A square shall be printed to the left of each line provided

for write-in voting under Section 52.066(c), but failure to place

a mark in the square does not affect the counting of a write-in

vote.

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

by Acts 1987, 70th Leg., ch. 472, Sec. 14, eff. Sept. 1, 1987;

Acts 1987, 70th Leg., ch. 497, Sec. 2, eff. Sept.1, 1987.

Sec. 52.071. VOTING SQUARE AND INSTRUCTION FOR STRAIGHT-PARTY

VOTE. (a) On a ballot on which a party column appears, a square

larger than the square prescribed by Section 52.070(a) shall be

printed to the left of each political party's name.

(b) The following instruction shall be added to the instruction

required by Section 52.070(b): "You may cast a straight-party

vote (that is, cast a vote for all the nominees of one party) by

placing an 'X' in the square beside the name of the party of your

choice. If you cast a straight-party vote for all the nominees of

one party and also cast a vote for an opponent of one of that

party's nominees, your vote for the opponent will be counted as

well as your vote for all the other nominees of the party for

which the straight-party vote was cast."

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

by Acts 1987, 70th Leg., ch. 472, Sec. 15, eff. Sept. 1, 1987.

Sec. 52.072. PROPOSITIONS. (a) Except as otherwise provided by

law, the authority ordering the election shall prescribe the

wording of a proposition that is to appear on the ballot.

(b) A proposition shall be printed on the ballot in the form of

a single statement and may appear on the ballot only once.

(c) Except as provided by Subsection (d), in an election in

which an office and a measure are to be voted on, each

proposition stating a measure shall appear on the ballot after

the listing of offices.

(d) If an election of officers is contingent on the adoption of

a proposition appearing on the same ballot, the proposition shall

appear on the ballot before the listing of offices.

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

Sec. 52.073. VOTING SQUARE AND INSTRUCTION FOR PROPOSITIONS.

(a) On a ballot on which a proposition is to appear, "FOR" and,

below it, "AGAINST" shall be printed to the left of the

proposition.

(b) A brace or other suitable device shall be printed to

indicate to which proposition each "FOR" and "AGAINST" applies.

(c) A square for voting shall be printed to the left of each

"FOR" and each "AGAINST."

(d) Immediately above the propositions, the following

instruction shall be printed: "Place an 'X' in the square beside

the statement indicating the way you wish to vote."

(e) The authority responsible for prescribing the wording of a

proposition may substitute "YES" and "NO" on the ballot for "FOR"

and "AGAINST" if the authority considers those words more

appropriate.

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

Sec. 52.074. PROVISIONAL BALLOT FOR CERTAIN VOTERS. The

authority responsible for having the official ballot prepared

shall have a provisional ballot prepared in a form approved by

the secretary of state for use by a voter who executes an

affidavit in accordance with Section 63.011.

Added by Acts 1997, 75th Leg., ch. 1078, Sec. 2, eff. Sept. 1,

1997. Amended by Acts 2003, 78th Leg., ch. 1315, Sec. 18, eff.

Jan. 1, 2004.

SUBCHAPTER D. ORDER OF PARTIES, OFFICES, NAMES, AND PROPOSITIONS

ON BALLOT

Sec. 52.091. PARTY COLUMNS. (a) Party columns shall be

arranged on the ballot in the following order, beginning on the

left:

(1) columns of parties with nominees for statewide or district

offices;

(2) columns of parties without nominees for statewide or

district offices.

(b) Columns of parties specified by Subsection (a)(1) shall be

arranged in descending order of the number of votes received

statewide by each party's candidate for governor in the most

recent gubernatorial general election, beginning on the left with

the party whose candidate received the highest number of votes.

Columns of parties that did not have a candidate for governor in

the most recent gubernatorial general election shall appear after

the columns of parties that had a candidate, and the order of

their columns shall be determined by a drawing conducted by the

secretary of state.

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

Sec. 52.092. OFFICES REGULARLY FILLED AT GENERAL ELECTION FOR

STATE AND COUNTY OFFICERS. (a) For an election at which offices

regularly filled at the general election for state and county

officers are to appear on the ballot, the offices shall be listed

in the following order:

(1) offices of the federal government;

(2) offices of the state government:

(A) statewide offices;

(B) district offices;

(3) offices of the county government:

(A) county offices;

(B) precinct offices.

(b) Offices of the federal government shall be listed in the

following order:

(1) president and vice-president of the United States;

(2) United States senator;

(3) United States representative.

(c) Statewide offices of the state government shall be listed in

the following order:

(1) governor;

(2) lieutenant governor;

(3) attorney general;

(4) comptroller of public accounts;

(5) commissioner of the General Land Office;

(6) commissioner of agriculture;

(7) railroad commissioner;

(8) chief justice, supreme court;

(9) justice, supreme court;

(10) presiding judge, court of criminal appeals;

(11) judge, court of criminal appeals.

(d) District offices of the state government shall be listed in

the following order:

(1) member, State Board of Education;

(2) state senator;

(3) state representative;

(4) chief justice, court of appeals;

(5) justice, court of appeals;

(6) district judge;

(7) criminal district judge;

(8) family district judge;

(9) district attorney;

(10) criminal district attorney.

(e) County offices shall be listed in the following order:

(1) county judge;

(2) judge, county court at law;

(3) judge, county criminal court;

(4) judge, county probate court;

(5) county attorney;

(6) district clerk;

(7) district and county clerk;

(8) county clerk;

(9) sheriff;

(10) sheriff and tax assessor-collector;

(11) county tax assessor-collector;

(12) county treasurer;

(13) county school trustee (county with population of 3.3

million or more);

(14) county surveyor.

(f) Precinct offices shall be listed in the following order:

(1) county commissioner;

(2) justice of the peace;

(3) constable.

(g) If two or more offices having the same title except for a

place number or other distinguishing number are to appear on the

ballot, the number shall appear as part of the office title and

the offices shall be listed in numerical order.

(h) Repealed by Acts 2003, 78th Leg., ch. 693, Sec. 4.

(i) The secretary of state shall designate the position of new

offices on the ballot.

(j) The office of judge of a multicounty statutory county court

created under Subchapter D, Chapter 25, Government Code, is

considered to be a county office for purposes of listing the

office on the ballot and to be a district office for all other

purposes under this code.

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

by Acts 1987, 70th Leg., ch. 54, Sec. 15(b), eff. Sept. 1, 1987;

Acts 1991, 72nd Leg., ch. 746, Sec. 69, eff. Oct. 1, 1991; Acts

1997, 75th Leg., ch. 1423, Sec. 6.01, eff. Sept. 1, 1997; Acts

2001, 77th Leg., ch. 669, Sec. 14, eff. Sept. 1, 2001; Acts 2003,

78th Leg., ch. 693, Sec. 4, eff. Sept. 1, 2003.

Amended by:

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

37, Sec. 2, eff. May 19, 2009.

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

506, Sec. 5.32, eff. September 1, 2009.

Sec. 52.093. OFFICES OF POLITICAL SUBDIVISION OTHER THAN COUNTY.

Except as otherwise provided by law, for an election at which

offices of a political subdivision other than a county are to be

voted on, the authority ordering the election shall determine the

order of the offices on the ballot.

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

Sec. 52.094. NAMES OF CANDIDATES. (a) Except as otherwise

provided by law, for an election at which the names of more than

one candidate for the same office are to appear on the ballot in

an independent column or are to appear on a general or special

election ballot that does not contain a party nominee, the order

of the candidates' names shall be determined by a drawing.

(b) The authority responsible for having the official ballot

prepared for the election shall conduct the drawing.

(c) The authority conducting the drawing shall post in the

authority's office a notice of the date, hour, and place of the

drawing. The notice must remain posted continuously for 72 hours

immediately preceding the scheduled time of the drawing, except

that for a runoff election or an election held to resolve a tie

vote, the notice must remain posted for 24 hours immediately

preceding the scheduled time of the drawing.

(d) For an election held at county expense or a city election,

on receipt of a candidate's written request accompanied by a

stamped, self-addressed envelope, the authority conducting the

drawing shall mail written notice of the date, hour, and place of

the drawing to the candidate. For an election held by any other

political subdivision, the authority conducting the drawing shall

mail written notice of the date, hour, and place of the drawing

to each candidate, at the address stated on the candidate's

application for a place on the ballot, not later than the fourth

day before the date of the drawing.

(e) Each candidate affected by a drawing is entitled to be

present or have a representative present at the drawing.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 52, eff. Sept. 1, 1997.

Sec. 52.095. PROPOSITIONS. Except as otherwise provided by law,

the authority ordering an election in which more than one measure

is to be voted on shall determine the order in which the

propositions are to appear on the ballot.

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