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Texas Election Code - Section 231.007. Procedures For New Election Generally

Legal Research Home > Texas Laws > Election Code > Texas Election Code - Section 231.007. Procedures For New Election Generally

§ 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