Tex. Codes » Election Code · TITLE 14. ELECTION CONTESTS · SUBTITLE B. CONTESTS IN DISTRICT COURT · CHAPTER 232. CONTESTS FOR OFFICE
Texas Codes

Tex. Elec. Code § 232.008 (2026)

Filing Period For Petition

✓ current as of May 2026
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Sec. 232.008. FILING PERIOD FOR PETITION. (a) A contestant may not file the petition in an election contest earlier than the day after election day.

(b) Except as provided by Subsection (c), a contestant must file the petition not later than the later of the 45th day after the date the election records are publicly available under Section 1.012 or the official result of the contested election is determined.

(c) A contestant must file the petition not later than the later of the 15th day after the date the election records are publicly available under Section 1.012 or the official result is determined in a contest of:

(1) a primary or runoff primary election; or

(2) a general or special election for which a runoff is necessary according to the official result or will be necessary if the contestant prevails.

(d) A contestant must deliver, electronically or otherwise, a copy of the petition to the secretary of state by the same deadline prescribed for the filing of the petition.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1997, 75th Leg., ch. 1349, Sec. 69, eff. Sept. 1, 1997.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2817), Sec. 39, eff. September 1, 2011.

Acts 2019, 86th Leg., R.S., Ch. 1215 (S.B. 902), Sec. 4, eff. September 1, 2019.

Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 8.02, eff. December 2, 2021.

Notes of Decisions
Cited in 17 cases (1 in the last 5 years), 1998–2025 · leading case: Rodriguez v. Cuellar, 143 S.W.3d 251 (Tex. App. 2004).
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Rodriguez v. Cuellar, 143 S.W.3d 251 (Tex. App. 2004). · cites it 2× “See Tex. Elec.Code Ann. § 232.008(c) (Vernon 2003) (election contest petition must be filed within ten days after votes are canvassed).”
Honts v. Shaw, 975 S.W.2d 816 (Tex. App. 1998). · cites it 2× “" Tex. Elec.Code Ann. § 232.008(d) (West Supp.”
Nichols v. Seei, 97 S.W.3d 882 (Tex. App. 2003). · cites it 2× “See Tex. Elec.Code Ann. § 232.008. 3 . Sections 232.”
Tiller v. Martinez, 974 S.W.2d 769 (Tex. App. 1998). “Tiller contends that the supplementation of the original petition did not cure the nonwaivable jurisdictional time constraint because “election contests have been held to not be ‘ordinary civil cases.”
City of Houston v. Bryant, 516 S.W.3d 47 (Tex. App. 2017). “Laws 1153 , 1158 (amended 1985) (current version at Tex. Elec. Code Ann. §§ 232.008 (b), 233.”
McCurry v. Lewis, 259 S.W.3d 369 (Tex. App. 2008). “(c) A contestant must file the petition not later than the 10th day after the date the official result is determined in a contest of: (1) a primary election; or (2) a general or special election for which a runoff is necessary according to the official result or will be…”
Curtis v. Smith, 145 F. Supp. 2d 814 (E.D. Tex. 2001). ““Slim” Speights timely brought that suit in accordance with Tex. Elec. Code § 232.008, contesting the results of that election in Precinct 1.”
David Rogers v. Gregorio \Greg\" Casar" (Tex. App. 2015). · cites it 4× “This Election Contest is brought in accordance with the provisions of TEX. ELEC. CODE § 232.008, which requires the Original Petition to be filed with the District Court not later than the 30th day after the date the official result of the contested election is determined.”
Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2017). “See TEX. ELEC. CODE § 232.008(b)-(c). An election contest determines 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…”
Homer Maldonado v. Salvador Johnson Sr. (Tex. App. 2018). “See TEX. ELEC. CODE ANN. § 232.008(c)(1) (West Supp.”
in Re: Bruce Bishop (Tex. App. 2020). “See TEX. ELEC. CODE § 232.008(a)–(c). Simply, “[a] party cannot file such a suit until after the election.”
Steven Denny v. the Honorable Lawrence M. 'Larry' Doss, Just., 7th Court of Appeals, Place 4 (Tex. App. 2020). “Tex. Elec. Code § 232.008(c).” 11 right to vote in this race and when the margin of Denny’s victory was significantly below that number.”
Show all 17 citing cases →
— Tex. Elec. Code § 232.008(a) — 1 case
in Re: Bruce Bishop (Tex. App. 2020). “See TEX. ELEC. CODE § 232.008(a)–(c). Simply, “[a] party cannot file such a suit until after the election.”
— Tex. Elec. Code § 232.008(b) — 2 cases
Nichols v. Seei, 97 S.W.3d 882 (Tex. App. 2003). “See Tex. Elec.Code Ann. § 232.008. 3 . Sections 232.”
Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2017). “See TEX. ELEC. CODE § 232.008(b)-(c). An election contest determines 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…”
— Tex. Elec. Code § 232.008(c) — 2 cases
Rodriguez v. Cuellar, 143 S.W.3d 251 (Tex. App. 2004). “See Tex. Elec.Code Ann. § 232.008(c) (Vernon 2003) (election contest petition must be filed within ten days after votes are canvassed).”
Steven Denny v. the Honorable Lawrence M. 'Larry' Doss, Just., 7th Court of Appeals, Place 4 (Tex. App. 2020). “Tex. Elec. Code § 232.008(c).” 11 right to vote in this race and when the margin of Denny’s victory was significantly below that number.”
— Tex. Elec. Code § 232.008(c)(1) — 2 cases
Homer Maldonado v. Salvador Johnson Sr. (Tex. App. 2018). “See TEX. ELEC. CODE ANN. § 232.008(c)(1) (West Supp.”
Jose \Joe\" Flores v. Everardo \"Ever\" Villarreal" (Tex. App. 2020).
— Tex. Elec. Code § 232.008(c)(2) — 1 case
Robert Edward Battaile v. Texas Elections Div., Hon. Jane Nelson; Texas Sec'y of State; Jeffrey Travillion, Travis Cnty. Comm'r (Tex. App. 2025).
— Tex. Elec. Code § 232.008(d) — 1 case
Honts v. Shaw, 975 S.W.2d 816 (Tex. App. 1998). “" Tex. Elec.Code Ann. § 232.008(d) (West Supp.”
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