Texas Election Code - Section 231.007. Procedures For New Election Generally
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Texas Laws > Election Code > Texas Election Code - Section 231.007. Procedures For New Election Generally
Section: 221.017 231.001 231.002 231.003 231.004 231.005 231.006 231.007 231.008 231.009 232.001 232.002 232.003 232.004 232.005
§ 231.007. PROCEDURES FOR NEW ELECTION GENERALLY. (a) If
a judgment in an election contest orders that a new election be
held, as soon as practicable after the judgment becomes final, the
district court shall set the date for the new election. In the case
of a general or special election, the court shall direct the
appropriate authority to order the election for the date set by the
court. In the case of a primary election, the court shall direct
the appropriate officers of the political party to hold the
election on the date set.
(b) Except as otherwise provided by this subtitle, the new
election shall be held in the same manner as the contested election.
(c) The district court may set the election for a date that
shortens the regular period for early voting, but the date must make
it possible for early voting by personal appearance to begin not
later than the 10th day before election day. In the order setting
the date for the election, the court shall also set the date for
beginning early voting by personal appearance if it is not possible
to begin on the regular day.
(d) In addition to public notice required by law, the
district court may require the new election to be publicized in the
manner prescribed by the court.
(e) If a function in the conduct of a new election for an
office would normally be performed by an officer who is a party to
the contest, the district court may designate another person to
perform the function and may fix a reasonable compensation for the
service, to be paid as other expenses of the election.
(f) The district court may shorten the normal period between
election day and the date of the official canvass.
(g) The district court retains jurisdiction of the contest
until the new election is completed and may make any orders the
court considers necessary to ensure its proper conduct.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.70; Acts 1991, 72nd Leg., ch.
554, § 41, eff. Sept. 1, 1991.
Last modified: August 11, 2007