2009 Texas Code
ELECTION CODE
TITLE 4. TIME AND PLACE OF ELECTIONS
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

Sec. 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(d) Repealed by Acts 2005, 79th Leg., Ch. 471, Sec. 9, eff.

October 1, 2005.

(e) Repealed by Acts 2005, 79th Leg., Ch. 471, Sec. 9, eff.

October 1, 2005.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 7, eff. Sept. 1,

1987; Acts 1987, 70th Leg., 2nd C.S, ch. 60, Sec. 1, eff. Oct.

20, 1987; Acts 1991, 72nd Leg., ch. 389, Sec. 2, eff. Sept. 1,

1991; Acts 1993, 73rd Leg., ch. 467, Sec. 1, eff. Sept. 1, 1993;

Acts 1997, 75th Leg., ch. 1219, Sec. 3, eff. June 20, 1997; Acts

1997, 75th Leg., ch. 1349, Sec. 20, eff. Sept. 1, 1997; Acts

1999, 76th Leg., ch. 62, Sec. 19.01(15), eff. Sept. 1, 1999; Acts

2001, 77th Leg., ch. 340, Sec. 2, eff. Sept. 1, 2001; Acts 2003,

78th Leg., ch. 1315, Sec. 14, eff. Jan. 1, 2004; Acts 2003, 78th

Leg., 3rd C.S., ch. 1, Sec. 1, eff. Jan. 1, 2005.

Amended by:

Acts 2005, 79th Leg., Ch.

471, Sec. 1, eff. October 1, 2005.

Acts 2005, 79th Leg., Ch.

471, Sec. 2, eff. October 1, 2005.

Acts 2005, 79th Leg., Ch.

471, Sec. 9, eff. October 1, 2005.

Sec. 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, Sec. 2, eff. Sept. 1,

1991.

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1235, Sec.

26(4), eff. September 1, 2009.

Added by Acts 1991, 72nd Leg., ch. 389, Sec. 2, eff. Sept. 1,

1991.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1235, Sec. 26(4), eff. September 1, 2009.

Sec. 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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1991, 72nd Leg., ch. 389, Sec. 3, eff. Sept. 1, 1991.

Sec. 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.

(a-1) The governing body of a political subdivision, other than

a county, that holds its general election for officers on a date

other than the November uniform election date may, not later than

December 31, 2010, change the date on which it holds its general

election for officers to the November 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, Sec. 11, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 1219, Sec. 4, eff.

June 20, 1997; Acts 1999, 76th Leg., ch. 1068, Sec. 1, eff. Sept.

1, 1999; Acts 2003, 78th Leg., ch. 1074, Sec. 1, eff. June 20,

2003; Acts 2003, 78th Leg., ch. 1315, Sec. 15, eff. Jan. 1, 2004.

Amended by:

Acts 2005, 79th Leg., Ch.

471, Sec. 3, eff. October 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

27, Sec. 1, eff. May 13, 2009.

Sec. 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, Sec. 6, eff. June 20,

1997.

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 1, eff. Sept. 1,

1987; Acts 2003, 78th Leg., ch. 292, Sec. 1, eff. Sept. 1, 2003;

Acts 2003, 78th Leg., ch. 1315, Sec. 16, eff. Jan. 1, 2004; Acts

2003, 78th Leg., 3rd C.S., ch. 1, Sec. 2, eff. Jan. 11, 2004.

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

SUBCHAPTER B. HOURS FOR VOTING

Sec. 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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 1070, Sec. 48, eff. Sept. 1, 1997.

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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, Sec. 49, eff. Sept. 1,

1997.