Texas Election Code 232.048 – Runoff Following New Election
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(a) If no candidate receives a majority vote in a new election ordered by a court in the contest of an election in which a majority vote is required, a runoff election shall be held:
(1) for a primary election contest, on the date set by the district court in which the contest was heard, except as provided by Subsection (c); or
(2) for a contest of a general or special election, on the date set by the authority responsible for ordering the runoff election.
(b) Sections 232.013(b), (c), and (d) apply to an election ordered under Subsection (a) of this section.
Terms Used In Texas Election Code 232.048
- District office: means an office of the federal or state government that is not voted on statewide. See Texas Election Code 1.005
- Final canvass: means the canvass from which the official result of an election is determined. See Texas Election Code 1.005
- General election: means an election, other than a primary election, that regularly recurs at fixed dates. See Texas Election Code 1.005
- 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
- Succeeding: means immediately following. See Texas Government Code 312.011
(c) The candidate receiving the most votes in a new election ordered by a court in a primary election contest is the political party’s nominee, regardless of whether the candidate receives a majority vote, if the date of the final canvass of the court-ordered primary is on or after:
(1) the 85th day before the date of the succeeding general election in the case of a statewide or district office; or
(2) the 75th day before the date of the succeeding general election in the case of a county or precinct office.
(d) The district court for an election contest has the same supervisory power over a runoff of the court-ordered election as the court has over the court-ordered election.