ELECTION CODE
CHAPTER 2. VOTE REQUIRED FOR ELECTION TO OFFICE
SUBCHAPTER A. ELECTION BY PLURALITY
§ 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.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 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 required by Subsection (i) is completed or the
final canvass following the automatic recount is completed, if
applicable, the authority responsible for ordering the first
election shall order the second election. The second election
shall be held not earlier than the 20th day or later than the 30th
day after the date the automatic recount required by Subsection (i)
is completed or the final canvass following the automatic recount
is completed, if applicable.
(c) The names of the tying candidates only shall be printed
on the ballot for the second election. Write-in votes are not
permitted. If either of the candidates is a party nominee, the
title of the office shall be listed on the ballot in a vertical
column with the name of each candidate listed below the office title
with each candidate's political party alignment next to the name.
(d) The order of the candidates' names on the ballot shall
be determined by a drawing in accordance with Section 52.094.
(e) Notice of the second election shall be given in
accordance with Chapter 4 except that a notice under Section
4.003(a)(2) or (b) must be posted not later than the 15th day before
election day.
(f) The tying candidates may agree to cast lots to resolve
the tie. The agreement must be filed with the authority responsible
for ordering the election. That authority or, if the authority is a
body, the body's presiding officer, shall supervise the casting of
lots.
(g) A tying candidate may resolve the tie by filing with the
authority described by Subsection (f) a written statement of
withdrawal signed and acknowledged by the candidate. On receipt of
the statement of withdrawal, the remaining candidate is the winner,
and a second election or casting of lots is not held.
(h) This section does not apply to elective offices of the
executive department specified by Article IV, Section 1, of the
Texas Constitution.
(i) If the tie vote is not resolved under Subsection (f) or
(g), an automatic recount shall be conducted in accordance with
Chapter 216 before the second election is held. If the recount
resolves the tie, the second election is not held.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 1349, § 1, eff. Sept. 1, 1997; Acts
2001, 77th Leg., ch. 851, § 1, eff. Sept. 1, 2001.
SUBCHAPTER B. RUNOFF ELECTION
§ 2.021. RUNOFF ELECTION REQUIRED. If no candidate for
a particular office receives the vote necessary to be elected in an
election requiring a majority vote, a runoff election for that
office is required.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 2.022. CONFLICTS WITH OTHER LAW. (a) Except as
provided by Subsection (b), a law outside this subchapter
supersedes this subchapter to the extent of any conflict.
(b) Sections 2.023 and 2.028 supersede a law outside this
subchapter to the extent of any conflict.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 2003, 78th Leg., ch. 652, § 1, eff. Sept. 1, 2003.
§ 2.023. RUNOFF CANDIDATES. (a) Except as provided by
Subsections (b) and (c), the candidates in a runoff election are the
candidates who receive the highest and second highest number of
votes in the main election or who tie for the highest number of
votes.
(b) If more than two candidates tie for the highest number
of votes in the main election, an automatic recount shall be
conducted in accordance with Chapter 216. If the recount does not
resolve the tie, the tied candidates shall cast lots to determine
which two are to be the runoff candidates.
(c) If two or more candidates tie for the second highest
number of votes in the main election, an automatic recount shall be
conducted in accordance with Chapter 216. If the recount does not
resolve the tie, the tied candidates shall cast lots to determine
which one is to be the second candidate in the runoff election.
(d) The presiding officer of the final canvassing authority
for the election shall supervise the casting of lots under this
section.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 2003, 78th Leg., ch. 652, § 2, eff. Sept. 1, 2003.
§ 2.024. ORDERING RUNOFF. Not later than the fifth day
after the date the final canvass of the main election is completed,
the authority responsible for ordering the main election shall
order the runoff election.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 2.025. RUNOFF ELECTION DAY. (a) Except as otherwise
provided by this code, a runoff election shall be held not earlier
than the 20th or later than the 45th day after the date the final
canvass of the main election is completed.
(b) A runoff election date later than the period prescribed
by Subsection (a) may be prescribed by a home-rule city charter.
(c) This section supersedes a law outside this subchapter to
the extent of a conflict notwithstanding Section 2.022.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., 2nd C.S., ch. 60, § 2, eff. Oct. 20, 1987;
Acts 1991, 72nd Leg., ch. 389, § 1, eff. Sept. 1, 1991; Acts
1993, 73rd Leg., ch. 728, § 2, eff. Sept. 1, 1993; Acts 2003,
78th Leg., ch. 1316, § 2, eff. Sept. 1, 2003.
§ 2.026. NOTICE OF RUNOFF. Notice of a runoff election
shall be given in accordance with Chapter 4 except that a notice
under Section 4.003(a)(2) or (b) must be posted not later than the
15th day before election day.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 2.027. CERTIFICATION OF RUNOFF CANDIDATES. The
presiding officer of the final canvassing authority shall certify
in writing for placement on a runoff election ballot the names of
the runoff candidates and shall deliver the certification to the
authority responsible for having the official ballot prepared.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 2.028. TIE VOTE IN RUNOFF. (a) Except as provided by
Subsection (c), if the candidates in a runoff election tie, an
automatic recount shall be conducted in accordance with Chapter
216. If the recount does not resolve the tie, the tied candidates
shall cast lots to determine the winner.
(b) The presiding officer of the final canvassing authority
shall supervise the casting of lots under this section.
(c) A tying candidate may resolve the tie by filing with the
presiding officer of the final canvassing authority a written
statement of withdrawal signed and acknowledged by the candidate.
On receipt of the statement of withdrawal, the remaining candidate
is the winner, and a casting of lots is not held.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 1349, § 2, eff. Sept. 1, 1997; Acts
2003, 78th Leg., ch. 652, § 3, eff. Sept. 1, 2003.
SUBCHAPTER C. ELECTION OF UNOPPOSED CANDIDATE
§ 2.051. APPLICABILITY OF SUBCHAPTER. (a) Except as
provided by Sections 2.055 and 2.056, this subchapter applies only
to an election for officers of a political subdivision other than a
county in which write-in votes may be counted only for names
appearing on a list of write-in candidates and in which:
(1) each candidate whose name is to appear on the
ballot is unopposed, except as provided by Subsection (b); and
(2) no proposition is to appear on the ballot.
(b) In the case of an election in which any members of the
political subdivision's governing body are elected from
territorial units such as single-member districts, this subchapter
applies to the election in a particular territorial unit if each
candidate whose name is to appear on the ballot in that territorial
unit is unopposed and no at-large proposition or opposed at-large
race is to appear on the ballot. This subchapter applies to an
unopposed at-large race in such an election regardless of whether
an opposed race is to appear on the ballot in a particular
territorial unit.
Added by Acts 1995, 74th Leg., ch. 667, § 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1349, § 3, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 17, § 1, eff. Jan. 1, 2002; Acts
2003, 78th Leg., ch. 1061, § 1; Acts 2003, 78th Leg., ch. 1316,
§ 3, eff. Sept. 1, 2003.
§ 2.052. CERTIFICATION OF UNOPPOSED STATUS. (a) The
authority responsible for having the official ballot prepared shall
certify in writing that a candidate is unopposed for election to an
office if:
(1) only one candidate's name is to be placed on the
ballot for that office under Section 52.003; and
(2) no candidate's name is to be placed on a list of
write-in candidates for that office under applicable law.
(b) The certification shall be delivered to the governing
body of the political subdivision as soon as possible after the
filing deadlines for placement on the ballot and list of write-in
candidates.
Added by Acts 1995, 74th Leg., ch. 667, § 1, eff. Sept. 1, 1995.
§ 2.053. ACTION ON CERTIFICATION. (a) On receipt of
the certification, the governing body of the political subdivision
by order or ordinance may declare each unopposed candidate elected
to the office.
(b) If a declaration is made under Subsection (a), the
election is not held. A copy of the order or ordinance shall be
posted on election day at each polling place that would have been
used in the election.
(c) A certificate of election shall be issued to each
candidate in the same manner and at the same time as provided for a
candidate elected at the election. The candidate must qualify for
the office in the same manner as provided for a candidate elected at
the election.
Added by Acts 1995, 74th Leg., ch. 667, § 1, eff. Sept. 1, 1995.
Amended by Acts 2003, 78th Leg., ch. 1316, § 4, eff. Sept. 1,
2003.
§ 2.054. COERCION AGAINST CANDIDACY PROHIBITED. (a) A
person commits an offense if by intimidation or by means of coercion
the person influences or attempts to influence a person to not file
an application for a place on the ballot or a declaration of
write-in candidacy in an election that may be subject to this
subchapter.
(b) In this section, "coercion" has the meaning assigned by
Section 1.07, Penal Code.
(c) An offense under this section is a Class A misdemeanor
unless the intimidation or coercion is a threat to commit a felony,
in which event it is a felony of the third degree.
Added by Acts 1995, 74th Leg., ch. 667, § 1, eff. Sept. 1, 1995.
§ 2.055. SPECIAL ELECTION TO FILL VACANCY IN
LEGISLATURE. (a) The secretary of state may declare an unopposed
candidate elected to fill a vacancy in the legislature if:
(1) each candidate whose name is to appear on the
ballot is unopposed;
(2) no proposition is to appear on the ballot; and
(3) no candidate's name is to be placed on a list of
write-in candidates for that office under Subchapter D, Chapter
146.
(b) If a declaration is made under Subsection (a), the
election is not held. A copy of the declaration shall be posted on
election day at each polling place that would have been used in the
election.
(c) The secretary of state shall issue a certificate of
election to each candidate in the same manner as provided for a
candidate elected at the election.
Added by Acts 2001, 77th Leg., ch. 17, § 2, eff. Jan. 1, 2002.
§ 2.056. UNOPPOSED CANDIDATE FOR OFFICE OF STATE OR
COUNTY GOVERNMENT. (a) In this section:
(1) "Certifying authority" means:
(A) the secretary of state, for a statewide or
district office; or
(B) the county clerk, for a county or precinct
office.
(2) "Office of the state or county government" means
an office described by Section 52.092(a)(2) or (3).
(b) This section applies only to the general election for
state and county officers.
(c) A certifying authority may declare a candidate elected
to an office of the state or county government if:
(1) the candidate is the only person whose name is to
appear on the ballot for that office; and
(2) no candidate's name is to be placed on a list of
write-in candidates for that office under Subchapter B, Chapter
146.
(d) If a declaration is made under Subsection (c):
(1) the election for that office is not held; and
(2) the name of the candidate is listed on the ballot
as elected to the office as provided by this section.
(e) The offices and names of any candidates declared elected
under this section shall be listed separately after the contested
races in the election under the heading "Unopposed Candidates
Declared Elected." The candidates shall be grouped according to
their respective political party affiliations or status as
independents in the same relative order prescribed for the ballot
generally. No votes are cast in connection with the candidates.
(f) The secretary of state by rule may prescribe any
additional procedures as necessary to accommodate a particular
voting system or ballot style and to facilitate the efficient and
cost-effective implementation of this section.
(g) The certifying authority shall issue a certificate of
election to a candidate declared elected under this section in the
same manner as provided for a candidate elected at the election.
Added by Acts 2003, 78th Leg., ch. 1061, § 2.
