Tex. Codes » Election Code · TITLE 1. INTRODUCTORY PROVISIONS · CHAPTER 2. VOTE REQUIRED FOR ELECTION TO OFFICE
Texas Codes

Tex. Elec. Code § 2.028 (2026)

Tie Vote In Runoff

✓ current as of May 2026
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Sec. 2.028. TIE VOTE IN RUNOFF. (a) Except as provided by Subsection (c), if the candidates in a runoff election tie, an automatic recount shall be conducted in accordance with Chapter 216. If the recount does not resolve the tie, the tied candidates shall cast lots to determine the winner.

(b) The presiding officer of the final canvassing authority shall supervise the casting of lots under this section.

(c) A tying candidate may resolve the tie by filing with the presiding officer of the final canvassing authority a written statement of withdrawal signed and sworn to by the candidate. If the statement of withdrawal is received before the automatic recount is conducted, the remaining candidate is the winner, and the automatic recount is not conducted. If the statement of withdrawal is received not later than 5 p.m. the day after the date the automatic recount is conducted, the remaining candidate is the winner, and a casting of lots is not held.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1997, 75th Leg., ch. 1349, Sec. 2, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 652, Sec. 3, eff. Sept. 1, 2003.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 5, eff. September 1, 2021.

SUBCHAPTER C. ELECTION OF UNOPPOSED CANDIDATE


Notes of Decisions
Cited in 2 cases, 1994–1994 · leading case: Des Champ v. Featherston, 886 S.W.2d 536 (Tex. App.—Austin 1994).
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Des Champ v. Featherston, 886 S.W.2d 536 (Tex. App.—Austin 1994). “See Tex. Elec.Code Ann. § 2.028 (West 1986). Upon winning the draw, Featherston was declared the winner of the election.”
L. T. Des Champ v. Billy R. Featherston, No. 03-94-00285-CV (Tex. App.—Austin Oct. 26, 1994). “See Tex. Elec. Code Ann. § 2.028 (West 1986).”
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