Sec. 273.061. JURISDICTION. (a) The supreme court or a court of appeals may issue a writ of mandamus to compel the performance of any duty imposed by law in connection with the holding of an election or a political party convention, regardless of whether the person responsible for performing the duty is a public officer.
(b) The court of criminal appeals may issue a writ of mandamus to compel the performance of any duty imposed by law in connection with the provision, sequestration, transfer, or impoundment of evidence in or records relating to a criminal investigation conducted under this code or conducted in connection with the conduct of an election or political party convention. If a writ of mandamus is issued under this subsection, it shall include an order requiring the provision, sequestration, transfer, or impoundment of the evidence or record.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 8.04, eff. December 2, 2021.
Notes of Decisions
Cited in
160
cases (
33 in the last 5 years), 1986–2025 · leading case:
In Re Bell, 91 S.W.3d 784 (Tex. 2002).
In Re Bell, 91 S.W.3d 784 (Tex. 2002).
· cites it 2× “See Tex. Elec.Code § 273.061. We ordered respondents to allow Bell to participate in the drawing for ballot position in the primary election, pending our decision on whether Bell's name should be placed on the ballot.”
In Re Gamble, 71 S.W.3d 313 (Tex. 2002).
· cites it 2× “[20] See Tex. Elec.Code §§ 273.061, 273.062.”
Sears v. Bayoud, 786 S.W.2d 248 (Tex. 1990).
· cites it 4× “JURISDICTION This court has jurisdiction to entertain the petition and to issue the writ by virtue of the Texas Election Code, section 273.061, which provides: Jurisdiction The supreme court or a court of appeals may issue a writ of mandamus to compel the performance of any duty…”
In Re Sanchez, 81 S.W.3d 794 (Tex. 2002).
· cites it 2× “See Tex. Elec.Code § 273.061. III Home-rule cities, such as San Juan, derive their powers from the Texas Constitution.”
Repub. Party of Texas v. Dietz, 940 S.W.2d 86 (Tex. 1997).
· cites it 2× “Tex. Elec.Code § 273.061. Moreover, the Republican Party alleged that the district court's injunction violated its First Amendment rights.”
In Re Francis, 186 S.W.3d 534 (Tex. 2006).
· cites it 2× “[12] TEX. ELEC. CODE § 273.061; Sears, 786 S.W.”
A & T Consultants, Inc. v. Sharp, 904 S.W.2d 668 (Tex. 1995).
· cites it 2× “036 (payment of Texas Agricultural Finance Authority bonds or duties of Agriculture Commissioner with respect to those bonds may be enforced "in *685 the state supreme court by mandamus or other appropriate proceeding"); TEX.ELEC. CODE § 273.061 ("performance of any duty imposed…”
In Re Link, 45 S.W.3d 149 (Tex. App. 2000).
· cites it 5× “This original mandamus proceeding, brought under Texas Election Code section 273.061, challenges the Anderson County Commissioners Court’s (“Commissioners”) refusal to call an election pursuant to a petition filed under Texas Local Government Code section 152.”
In re Perez, 508 S.W.3d 500 (Tex. App. 2016).
· cites it 2× “061 of the Texas Election Code authorizes a court of appeals to issue a writ of mandamus to compel the performance of any duty imposed by law in connection with holding an election regardless of whether the person responsible for performing the duty is a public officer.”
In Re Triantaphyllis, 68 S.W.3d 861 (Tex. App. 2002).
· cites it 2× “See Tex. Elec. Code Ann. § 273.061 (Vernon 1986) ("The supreme court or a court of appeals may issue a writ of mandamus to compel the performance of any duty imposed by law in connection with the holding of an election or a political party convention, regardless of whether the…”
In Re Cullar, 320 S.W.3d 560 (Tex. App. 2010).
· cites it 2× “” Tex. Elec.Code Ann. § 273.061 (Vernon 2010); see also Tex.”
Escobar v. Sutherland, 917 S.W.2d 399 (Tex. App. 1996).
· cites it 2× “Tex.Elec.Code Ann. § 273.061 (Vernon 1986); see also Bejarano, 899 S.”
— Tex. Elec. Code § 273.061(a) — 14 cases
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