Texas Codes
Tex. Elec. Code § 221.003 (2026)
Scope Of Inquiry
✓ current as of May 2026
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Sec. 221.003. SCOPE OF INQUIRY. (a) The tribunal hearing an election contest shall attempt to ascertain whether the outcome of the contested election, as shown by the final canvass, is not the true outcome because:
(1) illegal votes were counted; or
(2) an election officer or other person officially involved in the administration of the election:
(A) prevented eligible voters from voting;
(B) failed to count legal votes; or
(C) engaged in other fraud or illegal conduct or made a mistake.
(b) In this title, "illegal vote" means a vote that is not legally countable.
(c) This section does not limit a provision of this code or another statute expanding the scope of inquiry in an election contest.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Notes of Decisions
Cited in 77
cases (17 in the last 5 years), 1989–2026 · leading case: Honts v. Shaw, 975 S.W.2d 816 (Tex. App. 1998).
Honts v. Shaw, 975 S.W.2d 816 (Tex. App. 1998). “" Tex. Elec.Code Ann. § 221.003 (West 1986).”
Green v. Reyes, 836 S.W.2d 203 (Tex. App. 1992). “See Tex.Elec.Code Ann. § 221.003 (Vernon 1986).”
Laura Pressley v. Gregorio \Greg\" Casar", 567 S.W.3d 28 (Tex. App. 2016). “Tex. Elec. Code § 221.003. A contestant must prove by clear and convincing evidence that a violation of the Election Code occurred and that it materially affected the outcome of the election.”
Harrison v. Stanley, 193 S.W.3d 581 (Tex. App. 2006). “See TEX. ELEC.CODE ANN. § 221.003 (Vernon 2003).”
McCurry v. Lewis, 259 S.W.3d 369 (Tex. App. 2008). “A court trying an election contest shall attempt to ascertain whether the outcome shown by the final canvass was not the true outcome because illegal votes were counted or an election official prevented eligible voters from voting, failed to count legal votes, or engaged in…”
Reese v. Duncan, 80 S.W.3d 650 (Tex. App. 2002). “In a multi-race election the contestant must first show that (1) illegal votes were counted or (2) an election official prevented eligible voters from voting, failed to count legal votes, or engaged in other fraud, illegal conduct or mistake.”
Kiehne v. Jones, 247 S.W.3d 259 (Tex. App. 2007). “Here, the trial focused on whether a number of the persons who voted in the election were actually residents of Loving County.”
Willet v. Cole, 249 S.W.3d 585 (Tex. App. 2008). “To set aside the outcome of the election, Cole bore the burden of proving (1) that violations of the Election Code occurred, and (2) that they materially affected the outcome of the election.”
Rodriguez v. Cuellar, 143 S.W.3d 251 (Tex. App. 2004). “See Tex. Elec.Code Ann. § 221.003(a) (Vernon 2003).”
Rossano v. Townsend, 9 S.W.3d 357 (Tex. App. 1999). “See Tex. Elec. Code Ann. § 221.003 (Vernon 1986); Cohen v.”
Tiller v. Martinez, 974 S.W.2d 769 (Tex. App. 1998). “Tex.Elec.Code Ann. § 221.003 (Vernon 1986); Alvarez, 844 S.”
McDuffee v. Miller, 327 S.W.3d 808 (Tex. App. 2010). “]” Tex. Elec.Code Ann. § 221.003 (West 2010).”
— Tex. Elec. Code § 221.003(1) — 1 case
Laura Pressley v. Gregorio \Greg\" Casar" (Tex. App. 2015).
— Tex. Elec. Code § 221.003(3) — 1 case
Laura Pressley v. Gregorio \Greg\" Casar" (Tex. App. 2015).
— Tex. Elec. Code § 221.003(a) — 19 cases
Rodriguez v. Cuellar, 143 S.W.3d 251 (Tex. App. 2004). “See Tex. Elec.Code Ann. § 221.003(a) (Vernon 2003).”
Reese v. Duncan, 80 S.W.3d 650 (Tex. App. 2002). “In a multi-race election the contestant must first show that (1) illegal votes were counted or (2) an election official prevented eligible voters from voting, failed to count legal votes, or engaged in other fraud, illegal conduct or mistake.”
Slusher v. Streater, 896 S.W.2d 239 (Tex. App. 1995).
Harrison v. Stanley, 193 S.W.3d 581 (Tex. App. 2006). “See TEX. ELEC.CODE ANN. § 221.003 (Vernon 2003).”
Flores v. Cuellar, 269 S.W.3d 657 (Tex. App. 2008).
— Tex. Elec. Code § 221.003(a)(1) — 12 cases
Green v. Reyes, 836 S.W.2d 203 (Tex. App. 1992). “See Tex.Elec.Code Ann. § 221.003 (Vernon 1986).”
Kiehne v. Jones, 247 S.W.3d 259 (Tex. App. 2007). “Here, the trial focused on whether a number of the persons who voted in the election were actually residents of Loving County.”
Pryor v. Dolgener, 324 S.W.3d 178 (Tex. App. 2010).
Jose \Joe\" Flores v. Everardo \"Ever\" Villarreal" (Tex. App. 2020).
Armando O'Caña v. Norberto 'Beto' Salinas (Tex. App. 2019).
— Tex. Elec. Code § 221.003(a)(2)(A) — 3 cases
Honts v. Shaw, 975 S.W.2d 816 (Tex. App. 1998). “" Tex. Elec.Code Ann. § 221.003 (West 1986).”
McCurry v. Lewis, 259 S.W.3d 369 (Tex. App. 2008). “A court trying an election contest shall attempt to ascertain whether the outcome shown by the final canvass was not the true outcome because illegal votes were counted or an election official prevented eligible voters from voting, failed to count legal votes, or engaged in…”
Tarris Woods v. Rusty Legg, 363 S.W.3d 710 (Tex. App. 2011).
— Tex. Elec. Code § 221.003(a)(2)(C) — 4 cases
Tarris Woods v. Rusty Legg, 363 S.W.3d 710 (Tex. App. 2011).
Reyes v. Zuniga, 794 S.W.2d 842 (Tex. App. 1990).
— Tex. Elec. Code § 221.003(b) — 7 cases
Gonzalez v. Villarreal, 251 S.W.3d 763 (Tex. App. 2008).
Green v. Reyes, 836 S.W.2d 203 (Tex. App. 1992). “See Tex.Elec.Code Ann. § 221.003 (Vernon 1986).”
Kiehne v. Jones, 247 S.W.3d 259 (Tex. App. 2007). “Here, the trial focused on whether a number of the persons who voted in the election were actually residents of Loving County.”
Harrison v. Stanley, 193 S.W.3d 581 (Tex. App. 2006). “See TEX. ELEC.CODE ANN. § 221.003 (Vernon 2003).”
Jane Nelson in Her Off. Capacity as Sec'y of State for the State of Texas v. Jarrett Woodward & Heather Couchman (Tex. App. 2025).
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