ELECTION CODE
TITLE 4. TIME AND PLACE OF ELECTIONS
CHAPTER 41. ELECTION DATES AND HOURS FOR VOTING
SUBCHAPTER A. ELECTION DATES
§ 41.001. UNIFORM ELECTION DATES.
Text of subsec. (a) effective until January 1, 2005
(a) Except as otherwise provided by this subchapter, each
general or special election in this state shall be held on one of
the following dates:
(1) the first Saturday in February;
(2) the third Saturday in May;
(3) the second Saturday in September; or
(4) the first Tuesday after the first Monday in
November.
Text of subsec. (a) effective January 1, 2005
(a) Except as otherwise provided by this subchapter, each
general or special election in this state shall be held on one of
the following dates:
(1) the first Saturday in February;
(2) the first Saturday in May;
(3) the second Saturday in September; or
(4) the first Tuesday after the first Monday in
November.
(b) Subsection (a) does not apply to:
(1) a runoff election;
(2) an election for the issuance or assumption of
bonds for any purpose authorized by law relating to public schools
or colleges or the levy of a tax for the maintenance of a public
school or college, if the governing body of the political
subdivision having jurisdiction of the public school or college
issuing or assuming the bonds or levying the tax:
(A) by resolution, order, or ordinance, finds
that holding the election on a date other than a uniform election
date is in the public interest, which finding is conclusive and
incontestable; and
(B) the election is the only election of the type
described by this subdivision held by that political subdivision on
a date other than a uniform election date during the state fiscal
biennium;
(3) an election to resolve a tie vote;
(4) an election held under an order of a court or other
tribunal;
(5) an emergency election ordered under Section
41.0011;
(6) an expedited election to fill a vacancy in the
legislature held under Section 203.013; or
(7) an election held under a statute that expressly
provides that the requirement of Subsection (a) does not apply to
the election.
(c) Except for an election under Subsection (a) or Section
41.0011, an election may not be held within 30 days before or after
the date of the general election for state and county officers,
general primary election, or runoff primary election.
(d) A general election of officers of a city, school
district, junior college district, or hospital district may not be
held on the February or September uniform election date.
(e) An election for an office in which a majority vote is
required may not be held on the September or February uniform
election date. This subsection does not apply to an election
conducted under Section 26.045, Local Government Code.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1986, 69th Leg., 3rd C.S., ch. 14, § 7, eff. Sept. 1, 1987;
Acts 1987, 70th Leg., 2nd C.S, ch. 60, § 1, eff. Oct. 20, 1987;
Acts 1991, 72nd Leg., ch. 389, § 2, eff. Sept. 1, 1991; Acts
1993, 73rd Leg., ch. 467, § 1, eff. Sept. 1, 1993; Acts 1997,
75th Leg., ch. 1219, § 3, eff. June 20, 1997; Acts 1997, 75th
Leg., ch. 1349, § 20, eff. Sept. 1, 1997; Acts 1999, 76th Leg.,
ch. 62, § 19.01(15), eff. Sept. 1, 1999; Acts 2001, 77th Leg.,
ch. 340, § 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1315,
§ 14, eff. Jan. 1, 2004; Acts 2003, 78th Leg., 3rd C.S., ch. 1,
§ 1, eff. Jan. 1, 2005.
§ 41.0011. EMERGENCY REQUIRING EARLY ELECTION. (a) If
the governor determines that an emergency warrants holding a
special election before the appropriate uniform election date, the
election may be held on an earlier nonuniform date.
(b) An authority of a political subdivision desiring to
order a special election as an emergency election under this
section must ask the governor for permission to do so. If the
governor determines that an emergency exists, the governor shall
grant permission.
(c) The proclamation or order for an emergency election
under this section must include a statement identifying the nature
of the emergency.
Added by Acts 1991, 72nd Leg., ch. 389, § 2, eff. Sept. 1, 1991.
§ 41.002. GENERAL ELECTION FOR STATE AND COUNTY
OFFICERS. The general election for state and county officers shall
be held on the first Tuesday after the first Monday in November in
even-numbered years.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 41.004. SPECIAL ELECTION WITHIN PARTICULAR
PERIOD. (a) If a law outside this code other than the
constitution requires a special election subject to Section
41.001(a) to be held within a particular period after the
occurrence of a certain event, the election shall be held on an
authorized uniform election date occurring within the period unless
no uniform election date within the period affords enough time to
hold the election in the manner required by law. In that case, the
election shall be held on the first authorized uniform election
date occurring after the expiration of the period.
(b) If the constitution requires a special election to be
held within a particular period after the occurrence of a certain
event, Section 41.001(a) does not apply.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 41.0041. ELECTION ON MEASURE AFTER PARTICULAR
PERIOD. (a) If a law outside this code other than the
constitution prohibits another election from being held on the same
or a similar measure for a specified number of years after an
election on a measure, a subsequent election on the measure may be
held on the corresponding uniform election date in the appropriate
year, regardless of the fact that the date falls a number of days
short of the requisite period.
(b) This section does not apply to a local option election
held under the Alcoholic Beverage Code.
Added by Acts 1991, 72nd Leg., ch. 389, § 2, eff. Sept. 1, 1991.
§ 41.005. GENERAL ELECTION OF POLITICAL SUBDIVISION
OTHER THAN COUNTY. (a) This section does not apply to a general
election for county officers.
(b) If a law outside this code requires the general election
for officers of a political subdivision to be held on a date other
than a uniform election date, the governing body of the political
subdivision shall set the election date to comply with this
subchapter.
(c) A governing body changing an election date under this
section shall adjust the terms of office to conform to the new
election date.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 389, § 3, eff. Sept. 1, 1991.
§ 41.0051. GENERAL ELECTION IN CERTAIN COASTAL
CITIES. The general election for officers of a city that borders
the Gulf of Mexico, has a population of more than 230,000 according
to the 1980 census, and held its general election for officers in
1987 on the first Saturday in April may be held on any Saturday in
April in odd-numbered years.
Added by Acts 1987, 70th Leg., 2nd C.S., ch. 60, § 3, eff. Oct.
20, 1987.
§ 41.0052. CHANGING GENERAL ELECTION DATE. (a) The
governing body of a political subdivision other than a county may,
not later than December 31, 2004, change the date on which it holds
its general election for officers to another authorized uniform
election date.
(b) A governing body changing an election date under this
section shall adjust the terms of office to conform to the new
election date.
Added by Acts 1993, 73rd Leg., ch. 728, § 11, eff. Sept. 1, 1993.
Amended by Acts 1997, 75th Leg., ch. 1219, § 4, eff. June 20,
1997; Acts 1999, 76th Leg., ch. 1068, § 1, eff. Sept. 1, 1999;
Acts 2003, 78th Leg., ch. 1074, § 1, eff. June 20, 2003; Acts
2003, 78th Leg., ch. 1315, § 15, eff. Jan. 1, 2004.
§ 41.0053. ELECTIONS ON SPRING UNIFORM DATE IN CERTAIN
POLITICAL SUBDIVISIONS. (a) This section applies only to:
(1) a city with a population of more than 450,000 in
which all members of the city's governing body are elected at large;
(2) an independent school district or public junior
college district with a service area that is primarily the same as
that of a city described by Subdivision (1); and
(3) a metropolitan transit authority with a principal
city described by Subdivision (1).
(b) A general or special election of officers of a political
subdivision covered by this section shall be held on the spring
uniform election date.
Added by Acts 1997, 75th Leg., ch. 1219, § 6, eff. June 20, 1997.
§ 41.006. ADJUSTING ELECTION SCHEDULE. If under this
subchapter an election is held on a date other than a date
prescribed by other law, the date for a runoff election, the
deadline for filing for candidacy, and the schedule for canvassing
election returns, declaring results, or performing any other
official act relating to the election shall be adjusted to allow the
same interval of time in relation to the date of the election as
would be provided by application of the other law.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 41.007. PRIMARY ELECTIONS. (a) The general primary
election date is the first Tuesday in March in each even-numbered
year.
(b) The runoff primary election date is the second Tuesday
in April following the general primary election.
(c) The presidential primary election date is the first
Tuesday in March in each presidential election year.
(d) No other election may be held on the date of a primary
election.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1986, 69th Leg., 3rd C.S., ch. 14, § 1, eff. Sept. 1, 1987;
Acts 2003, 78th Leg., ch. 292, § 1, eff. Sept. 1, 2003; Acts
2003, 78th Leg., ch. 1315, § 16, eff. Jan. 1, 2004; Acts 2003,
78th Leg., 3rd C.S., ch. 1, § 2, eff. Jan. 11, 2004.
§ 41.008. EFFECT OF HOLDING ELECTION ON IMPROPER
DATE. An election held on a date not permitted by this subchapter
is void.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
SUBCHAPTER B. HOURS FOR VOTING
§ 41.031. VOTING HOURS. (a) Except as provided by
Section 41.033, the polls shall be opened at 7 a.m. for voting and
shall be closed at 7 p.m.
(b) Voting may not be conducted after the time for closing
the polls except as provided by Section 41.032.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 1070, § 48, eff. Sept. 1, 1997.
§ 41.032. VOTING AFTER POLLS CLOSE. (a) A voter who
has not voted before the time for closing the polls is entitled to
vote after that time if the voter is inside or waiting to enter the
polling place at 7 p.m.
(b) If voters are waiting to enter the polling place at
closing time, the presiding judge shall direct them to enter the
polling place and shall close it to others. However, if that
procedure is impracticable, at closing time the presiding judge
shall distribute numbered identification cards to the waiting
voters and permit entry into the polling place for voting after
closing time only by those possessing a card.
(c) The presiding judge shall take the precautions
necessary to prevent voting after closing time by persons who are
not entitled to do so.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 41.033. EARLY CLOSING OF CERTAIN
POLLS. Notwithstanding Section 41.031(a), an entity created under
Section 52, Article III, or Section 59, Article XVI, Texas
Constitution, may close the polls before 7 p.m. in an election held
by the entity if:
(1) the entity has fewer than 50 qualified voters; and
(2) the number of ballots cast in the election equals
the number of qualified voters.
Added by Acts 1997, 75th Leg., ch. 1070, § 49, eff. Sept. 1,
1997.
