2005 Texas Election Code CHAPTER 2. VOTE REQUIRED FOR ELECTION TO OFFICE

ELECTION CODE

CHAPTER 2. VOTE REQUIRED FOR ELECTION TO OFFICE

SUBCHAPTER A. ELECTION BY PLURALITY


	§ 2.001. PLURALITY VOTE REQUIRED.  Except as otherwise 
provided by law, to be elected to a public office, a candidate must 
receive more votes than any other candidate for the office.

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


	§ 2.002. TIE VOTE.  (a) Except as provided by Subsection 
(f), (g), or (i), in an election requiring a plurality vote, if two 
or more candidates for the same office tie for the number of votes 
required to be elected, a second election to fill the office shall 
be held.
	(b)  Not later than the fifth day after the date the 
automatic recount required by Subsection (i) is completed or the 
final canvass following the automatic recount is completed, if 
applicable, the authority responsible for ordering the first 
election shall order the second election.  The second election 
shall be held not earlier than the 20th day or later than the 30th 
day after the date the automatic recount required by Subsection (i) 
is completed or the final canvass following the automatic recount 
is completed, if applicable.
	(c)  The names of the tying candidates only shall be printed 
on the ballot for the second election.  Write-in votes are not 
permitted.  If either of the candidates is a party nominee, the 
title of the office shall be listed on the ballot in a vertical 
column with the name of each candidate listed below the office title 
with each candidate's political party alignment next to the name.
	(d)  The order of the candidates' names on the ballot shall 
be determined by a drawing in accordance with Section 52.094.
	(e)  Notice of the second election shall be given in 
accordance with Chapter 4 except that a notice under Section 
4.003(a)(2) or (b) must be posted not later than the 15th day before 
election day.
	(f)  The tying candidates may agree to cast lots to resolve 
the tie.  The agreement must be filed with the authority responsible 
for ordering the election.  That authority or, if the authority is a 
body, the body's presiding officer, shall supervise the casting of 
lots.
	(g)  A tying candidate may resolve the tie by filing with the 
authority described by Subsection (f) a written statement of 
withdrawal signed and acknowledged by the candidate.  On receipt of 
the statement of withdrawal, the remaining candidate is the winner, 
and a second election or casting of lots is not held.
	(h)  This section does not apply to elective offices of the 
executive department specified by Article IV, Section 1, of the 
Texas Constitution.
	(i)  If the tie vote is not resolved under Subsection (f) or 
(g), an automatic recount shall be conducted in accordance with 
Chapter 216 before the second election is held.  If the recount 
resolves the tie, the second election is not held.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1997, 75th Leg., ch. 1349, § 1, eff. Sept. 1, 1997;  Acts 
2001, 77th Leg., ch. 851, § 1, eff. Sept. 1, 2001.

SUBCHAPTER B. RUNOFF ELECTION


	§ 2.021. RUNOFF ELECTION REQUIRED.  If no candidate for a 
particular office receives the vote necessary to be elected in an 
election requiring a majority vote, a runoff election for that 
office is required.

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


	§ 2.022. CONFLICTS WITH OTHER LAW.  (a) Except as 
provided by Subsection (b), a law outside this subchapter 
supersedes this subchapter to the extent of any conflict.
	(b)  Sections 2.023 and 2.028 supersede a law outside this 
subchapter to the extent of any conflict.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 2003, 78th Leg., ch. 652, § 1, eff. Sept. 1, 2003.


	§ 2.023. RUNOFF CANDIDATES.  (a) Except as provided by 
Subsections (b) and (c), the candidates in a runoff election are the 
candidates who receive the highest and second highest number of 
votes in the main election or who tie for the highest number of 
votes.
	(b)  If more than two candidates tie for the highest number 
of votes in the main election, an automatic recount shall be 
conducted in accordance with Chapter 216.  If the recount does not 
resolve the tie, the tied candidates shall cast lots to determine 
which two are to be the runoff candidates.
	(c)  If two or more candidates tie for the second highest 
number of votes in the main election, an automatic recount shall be 
conducted in accordance with Chapter 216.  If the recount does not 
resolve the tie, the tied candidates shall cast lots to determine 
which one is to be the second candidate in the runoff election.
	(d)  The presiding officer of the final canvassing authority 
for the election shall supervise the casting of lots under this 
section.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 2003, 78th Leg., ch. 652, § 2, eff. Sept. 1, 2003.


	§ 2.024. ORDERING RUNOFF.  Not later than the fifth day 
after the date the final canvass of the main election is completed, 
the authority responsible for ordering the main election shall 
order the runoff election.

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


	§ 2.025. RUNOFF ELECTION DAY.  (a) Except as otherwise 
provided by this code, a runoff election shall be held not earlier 
than the 20th or later than the 45th day after the date the final 
canvass of the main election is completed.
	(b)  A runoff election date later than the period prescribed 
by Subsection (a) may be prescribed by a home-rule city charter.
	(c)  This section supersedes a law outside this subchapter to 
the extent of a conflict notwithstanding Section 2.022.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1987, 70th Leg., 2nd C.S., ch. 60, § 2, eff. Oct. 20, 1987;  
Acts 1991, 72nd Leg., ch. 389, § 1, eff. Sept. 1, 1991;  Acts 
1993, 73rd Leg., ch. 728, § 2, eff. Sept. 1, 1993;  Acts 2003, 
78th Leg., ch. 1316, § 2, eff. Sept. 1, 2003.


	§ 2.026. NOTICE OF RUNOFF.  Notice of a runoff election 
shall be given in accordance with Chapter 4 except that a notice 
under Section 4.003(a)(2) or (b) must be posted not later than the 
15th day before election day.

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


	§ 2.027. CERTIFICATION OF RUNOFF CANDIDATES.  The 
presiding officer of the final canvassing authority shall certify 
in writing for placement on a runoff election ballot the names of 
the runoff candidates and shall deliver the certification to the 
authority responsible for having the official ballot prepared.

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


	§ 2.028. TIE VOTE IN RUNOFF.  (a) Except as provided by 
Subsection (c), if the candidates in a runoff election tie, an 
automatic recount shall be conducted in accordance with Chapter 
216.  If the recount does not resolve the tie, the tied candidates 
shall cast lots to determine the winner.
	(b)  The presiding officer of the final canvassing authority 
shall supervise the casting of lots under this section.
	(c)  A tying candidate may resolve the tie by filing with the 
presiding officer of the final canvassing authority a written 
statement of withdrawal signed and acknowledged by the candidate.  
On receipt of the statement of withdrawal, the remaining candidate 
is the winner, and a casting of lots is not held.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1997, 75th Leg., ch. 1349, § 2, eff. Sept. 1, 1997;  Acts 
2003, 78th Leg., ch. 652, § 3, eff. Sept. 1, 2003.

SUBCHAPTER C. ELECTION OF UNOPPOSED CANDIDATE


	§ 2.051. APPLICABILITY OF SUBCHAPTER.  (a) Except as 
provided by Sections 2.055 and 2.056, this subchapter applies only 
to an election for officers of a political subdivision other than a 
county in which write-in votes may be counted only for names 
appearing on a list of write-in candidates and in which:
		(1)  each candidate for an office that is to appear on 
the ballot is unopposed, except as provided by Subsection (b);  and
		(2)  no proposition is to appear on the ballot.                               
	(b)  In the case of an election in which any members of the 
political subdivision's governing body are elected from 
territorial units such as single-member districts, this subchapter 
applies to the election in a particular territorial unit if each 
candidate for an office that is to appear on the ballot in that 
territorial unit is unopposed and no at-large proposition or 
opposed at-large race is to appear on the ballot.  This subchapter 
applies to an unopposed at-large race in such an election 
regardless of whether an opposed race is to appear on the ballot in 
a particular territorial unit.

Added by Acts 1995, 74th Leg., ch. 667, § 1, eff. Sept. 1, 1995.  
Amended by Acts 1997, 75th Leg., ch. 1349, § 3, eff. Sept. 1, 
1997;  Acts 2001, 77th Leg., ch. 17, § 1, eff. Jan. 1, 2002;  Acts 
2003, 78th Leg., ch. 1061, § 1, eff. Sept. 13, 2003;  Acts 2003, 
78th Leg., ch. 1316, § 3, eff. Sept. 1, 2003;  Acts 2005, 79th 
Leg., ch. 1107, § 1.01, eff. Sept. 1, 2005.


	§ 2.052. CERTIFICATION OF UNOPPOSED STATUS.  (a) The 
authority responsible for having the official ballot prepared shall 
certify in writing that a candidate is unopposed for election to an 
office if, were the election held, only the votes cast for that 
candidate in the election for that office may be counted.
	(b)  The certification shall be delivered to the governing 
body of the political subdivision as soon as possible after the 
filing deadlines for placement on the ballot and list of write-in 
candidates.

Added by Acts 1995, 74th Leg., ch. 667, § 1, eff. Sept. 1, 1995.  
Amended by Acts 2005, 79th Leg., ch. 1107, § 1.02, eff. Sept. 1, 
2005.


	§ 2.053. ACTION ON CERTIFICATION.  (a) On receipt of the 
certification, the governing body of the political subdivision by 
order or ordinance may declare each unopposed candidate elected to 
the office.
	(b)  If a declaration is made under Subsection (a), the 
election is not held.  A copy of the order or ordinance shall be 
posted on election day at each polling place that would have been 
used in the election.
	(c)  A certificate of election shall be issued to each 
candidate in the same manner and at the same time as provided for a 
candidate elected at the election.  The candidate must qualify for 
the office in the same manner as provided for a candidate elected at 
the election.

Added by Acts 1995, 74th Leg., ch. 667, § 1, eff. Sept. 1, 1995.  
Amended by Acts 2003, 78th Leg., ch. 1316, § 4, eff. Sept. 1, 
2003.


	§ 2.054. COERCION AGAINST CANDIDACY PROHIBITED.  (a) A 
person commits an offense if by intimidation or by means of coercion 
the person influences or attempts to influence a person to not file 
an application for a place on the ballot or a declaration of 
write-in candidacy in an election that may be subject to this 
subchapter.
	(b)  In this section, "coercion" has the meaning assigned by 
Section 1.07, Penal Code.
	(c)  An offense under this section is a Class A misdemeanor 
unless the intimidation or coercion is a threat to commit a felony, 
in which event it is a felony of the third degree.

Added by Acts 1995, 74th Leg., ch. 667, § 1, eff. Sept. 1, 1995.           


	§ 2.055. SPECIAL ELECTION TO FILL VACANCY IN 
LEGISLATURE.  (a) The secretary of state may declare an unopposed 
candidate elected to fill a vacancy in the legislature if:
		(1)  each candidate for an office that is to appear on 
the ballot is unopposed;  and
		(2)  no proposition is to appear on the ballot.                               
	(b)  If a declaration is made under Subsection (a), the 
election is not held.  A copy of the declaration shall be posted on 
election day at each polling place that would have been used in the 
election.
	(c)  The secretary of state shall issue a certificate of 
election to each candidate in the same manner as provided for a 
candidate elected at the election.

Added by Acts 2001, 77th Leg., ch. 17, § 2, eff. Jan. 1, 2002.  
Amended by Acts 2005, 79th Leg., ch. 1107, § 1.03, eff. Sept. 1, 
2005.


	§ 2.056. UNOPPOSED CANDIDATE FOR OFFICE OF STATE OR COUNTY 
GOVERNMENT.  (a) In this section:
		(1)  "Certifying authority" means:                                            
			(A)  the secretary of state, for a statewide or 
district office;  or       
			(B)  the county clerk, for a county or precinct 
office.                    
		(2)  "Office of the state or county government" means 
an office described by Section 52.092(a)(2) or (3).
	(b)  This section applies only to the general election for 
state and county officers.
	(c)  A certifying authority may declare a candidate elected 
to an office of the state or county government if, were the election 
held, only the votes cast for that candidate in the election for 
that office may be counted.
	(d)  If a declaration is made under Subsection (c):                            
		(1)  the election for that office is not held;  and                           
		(2)  the name of the candidate is listed on the ballot 
as elected to the office as provided by this section.
	(e)  The offices and names of any candidates declared elected 
under this section shall be listed separately after the contested 
races in the election under the heading "Unopposed Candidates 
Declared Elected."  The candidates shall be grouped according to 
their respective political party affiliations or status as 
independents in the same relative order prescribed for the ballot 
generally.  No votes are cast in connection with the candidates.
	(f)  The secretary of state by rule may prescribe any 
additional procedures as necessary to accommodate a particular 
voting system or ballot style and to facilitate the efficient and 
cost-effective implementation of this section.
	(g)  The certifying authority shall issue a certificate of 
election to a candidate declared elected under this section in the 
same manner as provided for a candidate elected at the election.

Added by Acts 2003, 78th Leg., ch. 1061, § 2, eff. Sept. 13, 
2003.  Amended by Acts 2005, 79th Leg., ch. 1107, § 1.04, eff. 
Sept. 1, 2005.