Texas Election Code
§ 2.002 — TIE VOTE
EL § 2.002Title 1. INTRODUCTORY PROVISIONS · Ch. 2. VOTE REQUIRED FOR ELECTION TO OFFICE · Art. A. ELECTION BY PLURALITY
Statute text
View on source(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 45th 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 the relative order of names on the original ballot.
(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.
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Legislative history
Acts 2019, 86th Leg., R.S., Ch. 708 (H.B. 88), Sec. 1, eff. September 1, 2019. Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 2, eff. September 1, 2021.