2005 Texas Election Code CHAPTER 41. ELECTION DATES AND HOURS FOR VOTING

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.  (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 second Saturday in May; or                                           
		(2)  the first Tuesday after the first Monday in 
November.                  
	(b)  Subsection (a) does not apply to:                                         
		(1)  a runoff election;                                                       
		(2)  an election to resolve a tie vote;                                       
		(3)  an election held under an order of a court or other 
tribunal;          
		(4)  an emergency election ordered under Section 
41.0011;                   
		(5)  an expedited election to fill a vacancy in the 
legislature held under Section 203.013;  or
		(6)  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	(d)  Repealed by Acts 2005, 79th Leg., ch. 471, § 9.                        
	(e)  Repealed by Acts 2005, 79th Leg., ch. 471, § 9.                        

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;  Acts 2005, 79th Leg., ch. 471, § 1, 2, 
9, eff. Oct. 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, 2005, 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;  Acts 2005, 
79th Leg., ch. 471, § 3, eff. Oct. 1, 2005.


	§ 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.