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Texas Election Code - Section 232.048. Runoff Following New Election

Legal Research Home > Texas Laws > Election Code > Texas Election Code - Section 232.048. Runoff Following New Election

§ 232.048. RUNOFF FOLLOWING NEW ELECTION.  (a) If no 
candidate receives a majority vote in a new election ordered by a 
court in the contest of an election in which a majority vote is 
required, a runoff election shall be held:
		(1)  for a primary election contest, on the date set by 
the district court in which the contest was heard, except as 
provided by Subsection (c);  or
		(2)  for a contest of a general or special election, on 
the date set by the authority responsible for ordering the runoff 
election.
	(b)  Sections 232.013(b), (c), and (d) apply to an election 
ordered under Subsection (a) of this section.
	(c)  The candidate receiving the most votes in a new election 
ordered by a court in a primary election contest is the political 
party's nominee, regardless of whether the candidate receives a 
majority vote, if the date of the final canvass of the court-ordered 
primary is on or after:
		(1)  the 85th day before the date of the succeeding 
general election in the case of a statewide or district office;  or
		(2)  the 75th day before the date of the succeeding 
general election in the case of a county or precinct office.
	(d)  The district court for an election contest has the same 
supervisory power over a runoff of the court-ordered election as 
the court has over the court-ordered election.

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

Last modified: August 11, 2007