(a) A contestant may not file the petition in an election contest earlier than the day after election day.
(b) Except as provided by Subsection (c), a contestant must file the petition not later than the later of the 45th day after the date the election records are publicly available under § 1.012 or the official result of the contested election is determined.

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Terms Used In Texas Election Code 232.008

  • Primary election: means an election held by a political party under Chapter 172 to select its nominees for public office, and, unless the context indicates otherwise, the term includes a presidential primary election. See Texas Election Code 1.005
  • Special election: means an election that is not a general election or a primary election. See Texas Election Code 1.005

(c) A contestant must file the petition not later than the later of the 15th day after the date the election records are publicly available under § 1.012 or the official result is determined in a contest of:
(1) a primary or runoff primary election; or
(2) a general or special election for which a runoff is necessary according to the official result or will be necessary if the contestant prevails.
(d) A contestant must deliver, electronically or otherwise, a copy of the petition to the secretary of state by the same deadline prescribed for the filing of the petition.