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Texas Election Code

§ 232.004 — SUBSTITUTE CONTESTEE

EL § 232.004Title 14. ELECTION CONTESTS · Part B. CONTESTS IN DISTRICT COURT · Ch. 232. CONTESTS FOR OFFICE · Art. A. TRIAL AND DISPOSITION OF CONTEST

Statute text

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(a)A contestant may name as a substitute contestee the presiding officer of the final canvassing authority for the election if:
(1)a deceased or ineligible candidate receives a sufficient number of votes for nomination or election according to the official result of the contested election;
(2)a candidate who could have been named as contestee under Section 232.003 dies or is declared ineligible before the contest is filed; or
(3)a contestee dies while a contest is pending.
(b)The costs of an election contest may not be assessed against a contestee named under Subsection (a) or against the governmental or political entity the contestee represents.
(c)If in any of the circumstances described by Subsection (a) a person is appointed to a resulting vacancy in the office or in the nomination for the office, the contestant may name the appointee as a substitute contestee or the appointee may intervene on the side of the contestee.

Legislative history

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