Tex. Election Code § 1.001
SHORT TITLE
This code may be cited as the Election Code.
Texas Election Code
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Tex. Election Code § 1.0015
LEGISLATIVE INTENT
It is the intent of the legislature that the application of this code and the conduct of elections be uniform and consistent throughout this state to reduce the likelihood of fraud in the conduct of elections, protect the secrecy of the ballot, promote voter access, and ensure that all legally cast ballots are counted.
Tex. Election Code § 1.002
APPLICABILITY OF CODE
(a) This code applies to all general, special, and primary elections held in this state. (b) This code supersedes a conflicting statute outside this code unless this code or the outside statute expressly provides otherwise.
Tex. Election Code § 1.003
CONSTRUCTION OF CODE
(a) The Code Construction Act (Chapter 311, Government Code) applies to the construction of each provision in this code, except as otherwise expressly provided by this code. (a-1) Election officials and other public officials shall strictly construe the provisions of this code to effect the intent of the legislature un…
Tex. Election Code § 1.004
INTERNAL REFERENCES
In this code: (1) a reference to a title, chapter, or section without further identification is a reference to a title, chapter, or section of this code; and (2) a reference to a subtitle, subchapter, subsection, subdivision, paragraph, or other numbered or lettered unit without further identification is a reference to…
Tex. Election Code § 1.005
DEFINITIONS
In this code: (1) "City secretary" includes a city clerk or, in a city that has no city secretary or clerk, the city officer who performs the duties of a city secretary. (2) "County election precinct" means an election precinct established under Section 42.001. (3) "County office" means an office of the county governme…
Tex. Election Code § 1.006
EFFECT OF WEEKEND OR HOLIDAY
(a) If the last day for performance of an act is a Saturday, Sunday, or legal state or national holiday, the act is timely if performed on the next regular business day, except as otherwise provided by this code. (b) If the last day for performance of an act is extended under Subsection (a), the extended date is used t…
Tex. Election Code § 1.007
DELIVERING, SUBMITTING, AND FILING DOCUMENTS
(a) When this code provides for the delivery, submission, or filing of an application, notice, report, or other document or paper with an authority having administrative responsibility under this code, a delivery, submission, or filing with an employee of the authority at the authority's usual place for conducting offi…
Tex. Election Code § 1.008
TIMELINESS OF ACTION BY MAIL
When this code requires an application, notice, report, or other document or paper to be delivered, submitted, or filed within a specified period or before a specified deadline, a delivery, submission, or filing by first-class United States mail is timely, except as otherwise provided by this code, if: (1) it is proper…
Tex. Election Code § 1.009
TIME OF RECEIPT OF MAILED DOCUMENT
(a) When this code provides that an application, notice, or other document or paper that is delivered, submitted, or filed by mail is considered to be delivered, submitted, or filed at the time of its receipt by the appropriate authority, the time of receipt is the time at which a post office employee: (1) places it in…
Tex. Election Code § 1.010
AVAILABILITY OF OFFICIAL FORMS
(a) The office, agency, or other authority with whom this code requires an application, report, or other document or paper to be submitted or filed shall make printed forms for that purpose, as officially prescribed, readily and timely available. (b) The authority shall furnish forms in a reasonable quantity to a perso…
Tex. Election Code § 1.011
SIGNING DOCUMENT BY WITNESS
(a) When this code requires a person to sign an application, report, or other document or paper, except as otherwise provided by this code, the document or paper may be signed for the person by a witness, as provided by this section, if the person required to sign cannot do so because of a physical disability or illite…
Tex. Election Code § 1.012
PUBLIC INSPECTION OF ELECTION RECORDS
(a) Subject to Subsection (b), an election record that is public information shall be made available to the public during the regular business hours of the record's custodian. (b) For the purpose of safeguarding the election records or economizing the custodian's time, the custodian may adopt reasonable rules limiting…
Tex. Election Code § 1.013
DESTRUCTION OF RECORDS
After expiration of the prescribed period for preserving voted ballots, election returns, other election records, or other records that are preserved under this code, the records may be destroyed or otherwise disposed of unless, at the expiration of the preservation period, an election contest or a criminal investigati…
Tex. Election Code § 1.014
ELECTION EXPENSES
(a) Except as otherwise provided by law, the expenses incurred in the conduct of a general or special election shall be paid by the political subdivision served by the authority ordering the election. (b) Each county in the territory covered by an election ordered by the governor shall pay the expenses incurred in that…
Tex. Election Code § 1.015
RESIDENCE
(a) In this code, "residence" means domicile, that is, one's home and fixed place of habitation to which one intends to return after any temporary absence. (b) A person may not establish residence for the purpose of influencing the outcome of a certain election. (c) A person does not lose the person's residence by leav…
Tex. Election Code § 1.016
OATHS BY ELECTION OFFICERS
(a) An oath or statement required by the Texas Constitution or this code prior to an election officer entering service may be administered and a certificate of the fact given by: (1) the secretary of state, a member of the secretary of state's staff, or a state inspector appointed by the secretary; (2) a county or muni…
Tex. Election Code § 1.017
INELIGIBILITY NO DEFENSE TO PROSECUTION
It is no defense to prosecution under this code that a person who receives an official ballot is ineligible to vote in the election for which the ballot is received.
Tex. Election Code § 1.018
APPLICABILITY OF PENAL CODE
In addition to Section 1.03, Penal Code, and to other titles of the Penal Code that may apply to this code, Titles 2 and 4, Penal Code, apply to offenses prescribed by this code.
Tex. Election Code § 1.019
REQUIRED EVIDENCE OR TESTIMONY
(a) A party to an offense under this code may be required to furnish evidence or testimony about the offense. (b) Evidence or testimony required to be furnished under this section, or information directly or indirectly derived from that evidence or testimony, may not be used against the party providing the evidence or…
Tex. Election Code § 1.020
VOTING DISABILITY OR CANDIDACY DISQUALIFICATION: DETERMINATION OF MENTAL INCAPACITY
(a) A person determined to be totally mentally incapacitated by a court exercising probate jurisdiction is not subject to a voting disability or candidacy disqualification under this code if, subsequent to that determination, the person's mental capacity has been completely restored by a final judgment of a court exerc…
Tex. Election Code § 1.021
NOTICE OF POLLING PLACE LOCATION
When this code requires notice of a polling place location, the written notice must state the building name, if any, and the street address, including the suite or room number, if any, of the polling place.
Tex. Election Code § 1.022
REASONABLE ACCOMMODATION OR MODIFICATION
A provision of this code may not be interpreted to prohibit or limit the right of a qualified individual with a disability from requesting a reasonable accommodation or modification to any election standard, practice, or procedure mandated by law or rule that the individual is entitled to request under federal or state…
Tex. Election Code § 2.001
PLURALITY VOTE REQUIRED
Except as otherwise provided by law, to be elected to a public office, a candidate must receive more votes than any other candidate for the office.
Tex. Election Code § 2.002
TIE VOTE
(a) Except as provided by Subsection (f), (g), or (i), in an election requiring a plurality vote, if two or more candidates for the same office tie for the number of votes required to be elected, a second election to fill the office shall be held. (b) Not later than the fifth day after the date the automatic recount re…
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