ELECTION CODE
CHAPTER 3. ORDERING ELECTION
§ 3.001. ORDER REQUIRED. Each general and special
election shall be ordered as provided by this chapter.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 3.002. CONFLICTS WITH OTHER LAW. A law outside this
chapter supersedes this chapter to the extent of any conflict.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 3.003. ELECTION ORDERED BY GOVERNOR. (a) The
governor shall order:
(1) each general election for officers of the state
government, members of the United States Congress, and electors for
president and vice-president of the United States;
(2) each election on a proposed constitutional
amendment; and
(3) each special election to fill a vacancy in the
legislature or in congress.
(b) The order shall be made by proclamation.
(c) Not later than the 36th day before election day, a copy
of the proclamation ordering an election shall be mailed to the
county judge of each county wholly or partly in the territory
covered by the election.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 3.004. ELECTION OF POLITICAL SUBDIVISION. (a) The
following authority shall order an election:
(1) the county judge, for the general election for
officers of the county government;
(2) the mayor, for the general election for city
officers in a city with a population of 1.9 million or more; and
(3) the governing body of a political subdivision,
other than a county or a city described by Subdivision (2), that has
elective offices, for the general election for those officers.
(b) If a law providing for an election relating to the
affairs of a political subdivision does not designate the authority
responsible for ordering the election, the governing body of the
political subdivision shall order the election.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 2001, 77th Leg., ch. 340, § 1, eff. Sept. 1, 2001.
§ 3.005. TIME FOR ORDERING ELECTION. (a) An election
ordered by an authority of a political subdivision shall be ordered
not later than the 62nd day before election day.
(b) This section supersedes a law outside this code to the
extent of any conflict.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 2003, 78th Leg., ch. 925, § 1, eff. Nov. 1, 2003.
§ 3.006. CONTENTS OF ELECTION ORDER. In addition to any
other elements required to be included in an election order by other
law, each election order must state the date of the election and the
offices or measures to be voted on at the election.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 3.007. FAILURE TO ORDER GENERAL ELECTION. Failure to
order a general election does not affect the validity of the
election.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 3.008. PRESERVATION OF ELECTION ORDER. (a) The
authority ordering an election shall preserve the order,
proclamation, or other document ordering the election for the
period for preserving the precinct election records.
(b) For an election ordered by an authority of a political
subdivision, the date and nature of each election shall be entered
in the official records of the political subdivision's governing
body. For an election on a measure, the entry must include a
description of the measure.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.