Texas Election Code 233.014 – Special Procedures for Contest of Constitutional Amendment Election
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(a) This section applies only to a contest of an election on a proposed constitutional amendment.
(b) The contestant’s petition must be filed and service of citation on the secretary of state must be obtained before the final official canvass is completed.
Terms Used In Texas Election Code 233.014
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) The declaration of the official result of a contested election may not be made until the contest is finally determined. The secretary of state shall tabulate the county returns and the governor shall announce the final vote count, as ascertained from the returns, in a written document. The document announcing the final vote count must state that a contest of the election has been filed and that the declaration of the official result will not be made until the contest is finally determined.
(d) The trial date may not be earlier than the 45th day after the date of the contested election nor later than the 180th day after the date of the contested election. The trial date may be earlier than the 45th day after the date of the contested election at the request of the contestant.
(e) If an amended petition alleging additional grounds of contest is filed, the contest may not be called for trial earlier than the 20th day after the date the amended petition is filed unless the secretary of state agrees to calling the contest for trial at an earlier date.
(f) The court shall include in its judgment in a contest an order directing the governor to declare the official result of the election or to declare the election void, as appropriate, not later than the 10th day after the date the judgment becomes final.
(g) Any question relating to the validity or outcome of a constitutional amendment election may be raised in an election contest. A contest is the exclusive method for adjudicating such questions.
(h) If a contestant files an appeal of the contest, the appellate court must ensure that the action is brought to final disposition not later than the 180th day after the date the judgment becomes final.