Tex. Codes » Election Code · TITLE 14. ELECTION CONTESTS · SUBTITLE B. CONTESTS IN DISTRICT COURT · CHAPTER 233. CONTEST ON MEASURE
Texas Codes

Tex. Elec. Code § 233.006 (2026)

Filing Period For Petition

✓ current as of May 2026
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Sec. 233.006. FILING PERIOD FOR PETITION. (a) The contestant may not file the petition in the contest earlier than the day after election day.

(b) Except as provided by Section 30.023, Civil Practice and Remedies Code, the contestant must file the petition not later than the later of the 30th 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) The contestant must deliver 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. 70, eff. Sept. 1, 1997.

Amended by:

Acts 2019, 86th Leg., R.S., Ch. 1215 (S.B. 902), Sec. 5, eff. September 1, 2019.

Acts 2025, 89th Leg., 2nd C.S., Ch. 7 (H.B. 16), Sec. 9.11, eff. December 4, 2025.

Notes of Decisions
Cited in 12 cases (6 in the last 5 years), 1999–2025 · leading case: City of Houston v. Bryant, 516 S.W.3d 47 (Tex. App. 2017).
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City of Houston v. Bryant, 516 S.W.3d 47 (Tex. App. 2017). · cites it 2× “See Tex. Elec. Code Ann. § 233.006 (a)-(b) (West 2010) (providing that contest of ballot measure must be filed no earlier than day after election day and no later than thirty days after date that official result of contested election is determined).”
Nichols v. Seei, 97 S.W.3d 882 (Tex. App. 2003). · cites it 2× “Tex. Elec.Code Ann. § 233.006 (Vernon Supp.”
In Re Link, 45 S.W.3d 149 (Tex. App. 2000). “See Tex. Elec.Code Ann. § 233.006(a) (Vernon Supp.”
Erik Leonard v. Billy Burge, 74 S.W.3d 135 (Tex. App. 2002). “Tex. Elec.Code Ann. § 233.006 (Vernon Supp.”
City of Sherman v. Hudman, 996 S.W.2d 904 (Tex. App. 1999). “See Tex.Elec.Code Ann. § 233.006(a),(b) (Vernon 1986).”
Robert Edward Battaile v. Texas Elections Div., Hon. Jane Nelson; Texas Sec'y of State; Jeffrey Travillion, Travis Cnty. Comm'r (Tex. App. 2025). · cites it 3× “32, 33 Tex. Elec. Code § 233.006(b) ............”
Bruce R. Hotze v. Sylvester Turner, Mayor, & the City of Houston (Tex. App. 2021). “Tex. Elec. Code Ann. § 233.006 (a)-(b); see also Hotze v.”
Bruce R. Hotze v. Sylvester Turner, Mayor, & the City of Houston (Tex. 2023). “As we held in an earlier case related to this one, a suit that challenges a city’s lack of enforcement of a duly adopted charter amendment is premature when brought immediately upon its passage.”
Michelle Pique, Shannon Huggins & Sharon Jorolan v. Jane Nelson in Her Off. Capacity as Sec'y of State for the State of Texas; & Greg Abbott, in His Off. Capacity as Governor of the State of Texas (Tex. App. 2025). “Election Contest Pleadings Finally, the Secretary claims the Voters failed to plead valid claims because they failed to allege facts showing the outcome would have been different if their claims were valid.”
Jane Nelson in Her Off. Capacity as Sec'y of State for the State of Texas v. Jarrett Woodward, Heather Couchman, Amber Cloy, Tommie Dickinson, Travis Eubanks, Amanda Eubanks, Traci Jones, Lars Kuslich, Michelle Pique, Madelon Highsmith, & Sharon Cotton, Voters of Bexar Cnty. (Tex. App. 2025). “Election Contest Pleadings Finally, the Secretary claims the Voters failed to plead valid claims because they failed to allege facts showing the outcome would have been different if their claims were valid.”
Hays Cnty., Texas, Ruben Becerra, Debbie Ingalsbe, Michelle Cohen, Morgan Hammer, & Walt Smith, in Their Off. Capacities v. Leslie Carnes, Jim Camp, Cathy Ramsey, Gabrielle Moore, & Ken Paxton, Attorney Gen. of Texas (Tex. App. 2025). “4 TEX. ELEC. CODE § 233.003 ...............”
Margarito Monreal & Am. Home Assurance Co., as Subrogee of Margarito Monreal v. Henrietta Hilderbrand Henrietta P.C. Hilderbrand Martial Trust I & II H & H Livestock, L.L.C., F/K/A H & H Shiner, L.L.C. Hilderbrand-Thompson, L.C. (Tex. App. 2002). “See Tex. Elec. Code Ann. § 233.006 (b) (contestant must file petition not later than thirtieth day after official results of election determined).”
— Tex. Elec. Code § 233.006(a) — 2 cases
In Re Link, 45 S.W.3d 149 (Tex. App. 2000). “See Tex. Elec.Code Ann. § 233.006(a) (Vernon Supp.”
City of Sherman v. Hudman, 996 S.W.2d 904 (Tex. App. 1999). “See Tex.Elec.Code Ann. § 233.006(a),(b) (Vernon 1986).”
— Tex. Elec. Code § 233.006(b) — 3 cases
Robert Edward Battaile v. Texas Elections Div., Hon. Jane Nelson; Texas Sec'y of State; Jeffrey Travillion, Travis Cnty. Comm'r (Tex. App. 2025). “32, 33 Tex. Elec. Code § 233.006(b) ............”
Bruce R. Hotze v. Sylvester Turner, Mayor, & the City of Houston (Tex. 2023). “As we held in an earlier case related to this one, a suit that challenges a city’s lack of enforcement of a duly adopted charter amendment is premature when brought immediately upon its passage.”
Hays Cnty., Texas, Ruben Becerra, Debbie Ingalsbe, Michelle Cohen, Morgan Hammer, & Walt Smith, in Their Off. Capacities v. Leslie Carnes, Jim Camp, Cathy Ramsey, Gabrielle Moore, & Ken Paxton, Attorney Gen. of Texas (Tex. App. 2025). “4 TEX. ELEC. CODE § 233.003 ...............”
— Tex. Elec. Code § 233.006(c) — 2 cases
Michelle Pique, Shannon Huggins & Sharon Jorolan v. Jane Nelson in Her Off. Capacity as Sec'y of State for the State of Texas; & Greg Abbott, in His Off. Capacity as Governor of the State of Texas (Tex. App. 2025). “Election Contest Pleadings Finally, the Secretary claims the Voters failed to plead valid claims because they failed to allege facts showing the outcome would have been different if their claims were valid.”
Jane Nelson in Her Off. Capacity as Sec'y of State for the State of Texas v. Jarrett Woodward, Heather Couchman, Amber Cloy, Tommie Dickinson, Travis Eubanks, Amanda Eubanks, Traci Jones, Lars Kuslich, Michelle Pique, Madelon Highsmith, & Sharon Cotton, Voters of Bexar Cnty. (Tex. App. 2025). “Election Contest Pleadings Finally, the Secretary claims the Voters failed to plead valid claims because they failed to allege facts showing the outcome would have been different if their claims were valid.”
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