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 § 231.007 (2026)

Procedures For New Election Generally

✓ current as of May 2026
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Sec. 231.007. PROCEDURES FOR NEW ELECTION GENERALLY. (a) If a judgment in an election contest orders that a new election be held, as soon as practicable after the judgment becomes final, the district court shall set the date for the new election. In the case of a general or special election, the court shall direct the appropriate authority to order the election for the date set by the court. In the case of a primary election, the court shall direct the appropriate officers of the political party to hold the election on the date set.

(b) Except as otherwise provided by this subtitle, the new election shall be held in the same manner as the contested election.

(c) The district court may set the election for a date that shortens the regular period for early voting, but the date must make it possible for early voting by personal appearance to begin not later than the 10th day before election day. In the order setting the date for the election, the court shall also set the date for beginning early voting by personal appearance if it is not possible to begin on the regular day.

(d) In addition to public notice required by law, the district court may require the new election to be publicized in the manner prescribed by the court.

(e) If a function in the conduct of a new election for an office would normally be performed by an officer who is a party to the contest, the district court may designate another person to perform the function and may fix a reasonable compensation for the service, to be paid as other expenses of the election.

(f) The district court may shorten the normal period between election day and the date of the official canvass.

(g) The district court retains jurisdiction of the contest until the new election is completed and may make any orders the court considers necessary to ensure its proper conduct.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.70; Acts 1991, 72nd Leg., ch. 554, Sec. 41, eff. Sept. 1, 1991.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2008–2024 · leading case: Gonzalez v. Villarreal, 251 S.W.3d 763 (Tex. App. 2008).
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Gonzalez v. Villarreal, 251 S.W.3d 763 (Tex. App. 2008). “See Tex. Elec.Code Ann. § 231.007 (Vernon 2003).”
Homer Maldonado v. Salvador Johnson Sr. (Tex. App. 2018). · cites it 2× “TEX. ELEC. CODE § 231.007(a). Most importantly, “[t]he district court may set the election for a date that shortens the regular period for early voting, but the date must make it possible for early voting by personal appearance to begin not later than the 10th day [before]…”
Esequiel De La Paz v. Ofelia Gutierrez (Tex. App. 2019). “See TEX. ELEC. CODE ANN. § 231.007(a) (West, Westlaw through 2017 1st C.”
Rachel Jones, Wesley Lowrance, RayChel Lowrance, Senaida Polanco, Sylvia Renteria, Joe Renteria, Michael Renteria, Marisa Renteria, MacElla Renteria, Angela Medlin, Ysidro Renteria & Mozelle Carr/Amber Marie King, Holly Diane Jones, & James Alan Sparks v. Amber Marie King, Holly Diane Jones, & James Alan Sparks/Angela Medlin, Ysidro Renteria & Mozelle Carr, 705 S.W.3d 267 (Tex. App. 2024). “See Tex. Elec. Code Ann. §§ 231.007 , 232.041.”
Arturo Gonzalez, Jr. & Esperanza Ochoa v. Domingo Villarreal & Elma Garza (Tex. App. 2008). “See Tex. Elec. Code Ann. § 231.007 (Vernon 2003).”
Tex. Elec. Code § 231.007(a): 2 cases
Homer Maldonado v. Salvador Johnson Sr. (Tex. App. 2018). “TEX. ELEC. CODE § 231.007(a). Most importantly, “[t]he district court may set the election for a date that shortens the regular period for early voting, but the date must make it possible for early voting by personal appearance to begin not later than the 10th day [before]…”
Esequiel De La Paz v. Ofelia Gutierrez (Tex. App. 2019). “See TEX. ELEC. CODE ANN. § 231.007(a) (West, Westlaw through 2017 1st C.”
Tex. Elec. Code § 231.007(c): 1 case
Homer Maldonado v. Salvador Johnson Sr. (Tex. App. 2018). “TEX. ELEC. CODE § 231.007(a). Most importantly, “[t]he district court may set the election for a date that shortens the regular period for early voting, but the date must make it possible for early voting by personal appearance to begin not later than the 10th day [before]…”
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