ELECTION CODE
TITLE 1. INTRODUCTORY PROVISIONS
CHAPTER 1. GENERAL PROVISIONS
§ 1.001. SHORT TITLE. This code may be cited as the
Election Code.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 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.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 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.
(b) When a provision of this code provides that it
supersedes another specifically referenced provision of this code
to the extent of any conflict, no conflict is created by the failure
of the superseding provision, or of related provisions, to repeat
the substance of the referenced provision; rather, a conflict
exists only if the substance of the superseding and any related
provisions is irreconcilable with the substance of the referenced
provision. If the substance of the superseding provision, together
with any related provisions, and the substance of the referenced
provision can each be applied to the same subject or set of
circumstances, both provisions shall be given effect.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 54, § 17, eff. Sept. 1, 1987.
§ 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 a unit of the next larger
unit of this code in which the reference appears.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 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
government that is voted on countywide.
(4) "District office" means an office of the federal
or state government that is not voted on statewide.
(5) "Final canvass" means the canvass from which the
official result of an election is determined.
(6) "General election" means an election, other than a
primary election, that regularly recurs at fixed dates.
(7) "General election for state and county officers"
means the general election at which officers of the federal, state,
and county governments are elected.
(8) "Gubernatorial general election" means the
general election held every four years to elect a governor for a
full term.
(9) "Independent candidate" means a candidate in a
nonpartisan election or a candidate in a partisan election who is
not the nominee of a political party.
(10) "Law" means a constitution, statute, city
charter, or city ordinance.
(11) "Local canvass" means the canvass of the precinct
election returns.
(12) "Measure" means a question or proposal submitted
in an election for an expression of the voters' will.
(13) "Political subdivision" means a county, city, or
school district or any other governmental entity that:
(A) embraces a geographic area with a defined
boundary;
(B) exists for the purpose of discharging
functions of government; and
(C) possesses authority for subordinate
self-government through officers selected by it.
(14) "Primary election" means an election held by a
political party under Chapter 172 to select its nominees for public
office, and, unless the context indicates otherwise, the term
includes a presidential primary election.
(15) "Proposition" means the wording appearing on a
ballot to identify a measure.
(16) "Registered voter" means a person registered to
vote in this state whose registration is effective.
(17) "Residence address" means the street address and
any apartment number, or the address at which mail is received if
the residence has no address, and the city, state, and zip code that
correspond to a person's residence.
(18) "Special election" means an election that is not
a general election or a primary election.
(19) "Statewide office" means an office of the federal
or state government that is voted on statewide.
(20) "Straight-party vote" means a vote by a single
mark, punch, or other action by the voter for all the nominees of
one political party and for no other candidates.
(21) "Uniform election date" means an election date
prescribed by Section 41.001.
(22) "Voting station" means the voting booth or other
place where voters mark their ballots or otherwise indicate their
votes at a polling place.
(23) "Voting year" means the 12-month period beginning
January 1 of each year.
(24) "Presidential primary election" means an
election held under Subchapter A, Chapter 191, at which a political
party's voters are given an opportunity to express their
preferences for the party's presidential candidates, or for an
"uncommitted" status if provided by party rule, for the purpose of
determining the allocation of the party's delegates from this state
to the party's national presidential nominating convention.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1986, 69th Leg., 3rd C.S., ch. 14, § 2, eff. Sept. 1, 1987;
Acts 1987, 70th Leg., ch. 436, § 9, eff. Sept. 1, 1989; Acts
1987, 70th Leg., ch. 472, § 52, eff. Sept. 1, 1989.
§ 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 to determine any
other dates and deadlines, and the dates or times of any related
procedures, that are expressly required to be made on a date or at a
time determined in relation to the last day for performance of the
act.
(c) A declaration of ineligibility of a candidate is
considered to be the performance of an act under this section for
purposes of causing the candidate's name to be omitted from the
ballot.
(d) The filing of a document, including a withdrawal request
or resignation, is considered to be the performance of an act under
this section for purposes of creating a vacancy to be filled at a
subsequent election.
(e) The death of a person is not considered to be the
performance of an act under this section.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 2003, 78th Leg., ch. 1316, § 1, eff. Sept. 1, 2003.
§ 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 official business constitutes filing with the
authority.
(b) The authority to whom a delivery, submission, or filing
is required by this code to be made may accept the document or paper
at a place other than the authority's usual place for conducting
official business.
(c) A delivery, submission, or filing of a document or paper
under this code may be made by personal delivery, mail, or any other
method of transmission.
(d) Any other provision of this code supersedes this section
to the extent of any conflict.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 1, eff. Sept. 1, 1997.
§ 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 properly addressed with postage prepaid;
and
(2) it bears a post office cancellation mark
indicating a time within the period or before the deadline, or if
the person required to take the action furnishes satisfactory proof
that it was deposited in the mail within the period or before the
deadline.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 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 the actual possession of the
authority or the authority's agent; or
(2) deposits it in the authority's mailbox or at the
usual place of delivery for the authority's official mail.
(b) If the authority cannot determine the time at which a
deposit under Subsection (a)(2) occurred or whether it occurred
before a specified deadline, the deposit is considered to have
occurred at the time the mailbox or usual place of mail delivery, as
applicable, was last inspected for removal of mail.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 2, eff. Sept. 1, 1997.
§ 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 person requesting them for the purpose of submitting
or filing the document or paper.
(c) The forms shall be furnished without charge, except as
otherwise provided by this code.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 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 illiteracy.
(b) The person who cannot sign must affix the person's mark
to the document or paper, which the witness must attest. If the
person cannot make the mark, the witness must state that fact on the
document or paper.
(c) The witness must state on the document or paper the
name, in printed form, of the person who cannot sign.
(d) The witness must affix the witness's own signature to
the document or paper and state the witness's own name, in printed
form, near the signature. The witness must also state the witness's
residence address unless the witness is an election officer, in
which case the witness must state the witness's official title.
(e) The procedure prescribed by this section must be
conducted in the presence of the person who cannot sign.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 3, eff. Sept. 1, 1997.
§ 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 public access.
(c) Except as otherwise provided by this code or Chapter
552, Government Code, all election records are public information.
(d) In this code, "election record" includes:
(1) anything distributed or received by government
under this code;
(2) anything required by law to be kept by others for
information of government under this code; or
(3) a certificate, application, notice, report, or
other document or paper issued or received by government under this
code.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1993, 73rd Leg., ch. 728, § 1, eff. Sept. 1, 1993; Acts
1995, 74th Leg., ch. 76, § 5.95(88), eff. Sept. 1, 1995; Acts
2003, 78th Leg., ch. 393, § 1, eff. Sept. 1, 2003.
§ 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 investigation or
proceeding in connection with an election to which the records
pertain is pending. In that case, the records shall be preserved
until the contest, investigation, or proceeding is completed and
the judgment, if any, becomes final.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 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
particular county in the conduct of the election.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 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) Residence shall be determined in accordance with the
common-law rules, as enunciated by the courts of this state, except
as otherwise provided by this code.
(c) A person does not lose the person's residence by leaving
the person's home to go to another place for temporary purposes
only.
(d) A person does not acquire a residence in a place to which
the person has come for temporary purposes only and without the
intention of making that place the person's home.
(e) A person who is an inmate in a penal institution or who
is an involuntary inmate in a hospital or eleemosynary institution
does not, while an inmate, acquire residence at the place where the
institution is located.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 4, eff. Sept. 1, 1997.
§ 1.016. COMPUTATION OF AGE. A person attains a
specified age on the day before the anniversary of the person's
birthday.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 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.
Added by Acts 2003, 78th Leg., ch. 393, § 2, eff. Sept. 1, 2003.
§ 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, Title 4, Penal Code, applies to offenses
prescribed by this code.
Added by Acts 2003, 78th Leg., ch. 393, § 2, eff. Sept. 1, 2003.
§ 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 testimony in a criminal case except for a
prosecution of aggravated perjury or contempt.
Added by Acts 2003, 78th Leg., ch. 393, § 2, eff. Sept. 1, 2003.
