Tex. Codes » Election Code · TITLE 14. ELECTION CONTESTS · SUBTITLE B. CONTESTS IN DISTRICT COURT · CHAPTER 231. CONTEST IN DISTRICT COURT GENERALLY
Texas Codes

Tex. Elec. Code § 231.004 (2026)

Disqualification Of District Judge

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Sec. 231.004. DISQUALIFICATION OF DISTRICT JUDGE. (a) The judge of a judicial district that includes any territory covered by a contested election that is less than statewide is disqualified to preside in the contest.

(b) If a contest is filed in which a judge is disqualified under Subsection (a), the district clerk shall promptly call the filing to the attention of the judge. The judge shall promptly request the presiding judge of the administrative judicial region to assign a special judge to preside in the contest.

(c) A judge who resides in the territory covered by a contested election is not eligible for assignment as a special judge for the contest.

(d) Subsections (a), (b), and (c) do not apply to a contest of an election for an office of a political party.

(e) In an election contest in which the district judge is disqualified, until a special judge is assigned to preside over the contest, the presiding judge of the administrative judicial region may take any action regarding the contest that a district judge may take if the contested election is:

(1) a primary election; or

(2) an election in which a runoff in the contested race is necessary, according to the official returns, or will be necessary if the contestant prevails.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 7.14, eff. Aug. 28, 1989.

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1995–2026 · leading case: Horn v. Gibson, 352 S.W.3d 511 (Tex. App.—Fort Worth 2011).
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Horn v. Gibson, 352 S.W.3d 511 (Tex. App.—Fort Worth 2011). · cites it 2× “See Tex. Elec.Code Ann. § 231.004(a) (West 2010).”
Bejarano v. Hunter, 899 S.W.2d 346 (Tex. App.—El Paso 1995). “TexElec.Code Ann. § 231.004 (Vernon 1986).”
Sepulveda v. Medrano, 323 S.W.3d 620 (Tex. App.—Dallas 2010). “See Tex. Elec.Code Ann. § 232.014(e) (West 2010).”
Gonzalez v. Ables, 945 S.W.2d 253 (Tex. App.—San Antonio 1997). “Tex.Elec.Code Ann. § 231.004(a) (Vernon 1986).”
Marla Cuellar v. Omar Maldonado, No. 13-14-00491-CV (Tex. App.—Corpus Christi Feb. 17, 2015). · cites it 4× “) 22 STATUTES Tex. Elec. Code §231.004 11 Tex. Elec. Code §232.”
Mary Horn v. Al Gibson, No. 02-10-00300-CV (Tex. App.—Fort Worth Aug. 29, 2011). · cites it 2× “See Tex. Elec. Code Ann. § 231.004 (a) (West 2010).”
Mary Horn v. Al Gibson, No. 02-10-00300-CV (Tex. App.—Fort Worth Aug. 29, 2011). · cites it 2× “See Tex. Elec. Code Ann. § 231.004 (a) (West 2010).”
Steven Denny v. Honorable Lawrence M. 'Larry' Doss, Just., 7th Court of Appeals, Place 4, No. 02-20-00113-CV (Tex. App.—Fort Worth Apr. 30, 2020). “See Tex. Elec. Code Ann. § 231.004 . Ector County is within the Eleventh District Court of Appeals’ jurisdiction.”
Becerra, No. 4:25-cv-02243 (S.D. Tex. Mar. 4, 2026). “This argument is incorrect because the statute on which Williams bases her argument, Tex. Elec. Code § 231.004, is not jurisdictional.”
Tex. Elec. Code § 231.004(a): 2 cases
Horn v. Gibson, 352 S.W.3d 511 (Tex. App.—Fort Worth 2011). “See Tex. Elec.Code Ann. § 231.004(a) (West 2010).”
Gonzalez v. Ables, 945 S.W.2d 253 (Tex. App.—San Antonio 1997). “Tex.Elec.Code Ann. § 231.004(a) (Vernon 1986).”
Tex. Elec. Code § 231.004(b): 1 case
Horn v. Gibson, 352 S.W.3d 511 (Tex. App.—Fort Worth 2011). “See Tex. Elec.Code Ann. § 231.004(a) (West 2010).”
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