Texas Codes

Tex. Elec. Code § 41.001 (2026)

Uniform Election Dates

✓ current as of May 2026
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Sec. 41.001. UNIFORM ELECTION DATES.

(a) Except as otherwise provided by this subchapter, each general or special election in this state shall be held on one of the following dates:

(1) the first Saturday in May in an odd-numbered year;

(2) the first Saturday in May in an even-numbered year, for an election held by a political subdivision other than a county, or ordered by the governor; or

(3) the first Tuesday after the first Monday in November.

(b) Subsection (a) does not apply to:

(1) a runoff election;

(2) an election to resolve a tie vote;

(3) an election held under an order of a court or other tribunal;

(4) an emergency election ordered under Section 41.0011 or any resulting runoff;

(5) an expedited election to fill a vacancy in the legislature held under Section 203.013;

(6) an election held under a statute that expressly provides that the requirement of Subsection (a) does not apply to the election; or

(7) the initial election of the members of the governing body of a newly incorporated city.

(c) Except for an election under Subsection (a) or Section 41.0011 or a runoff election following an election held under Subsection (a)(2), an election may not be held within 30 days before or after the date of the general election for state and county officers, general primary election, or runoff primary election.

(d) Notwithstanding Section 31.093, a county elections administrator is not required to enter into a contract to furnish election services for an election held on the date described by Subsection (a)(2).

(e) Repealed by Acts 2005, 79th Leg., Ch. 471, Sec. 9, eff. October 1, 2005.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 7, eff. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S, ch. 60, Sec. 1, eff. Oct. 20, 1987; Acts 1991, 72nd Leg., ch. 389, Sec. 2, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 467, Sec. 1, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1219, Sec. 3, eff. June 20, 1997; Acts 1997, 75th Leg., ch. 1349, Sec. 20, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 19.01(15), eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 340, Sec. 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1315, Sec. 14, eff. Jan. 1, 2004; Acts 2003, 78th Leg., 3rd C.S., ch. 1, Sec. 1, eff. Jan. 1, 2005.

Amended by:

Acts 2005, 79th Leg., Ch. 471 (H.B. 57), Sec. 1, eff. October 1, 2005.

Acts 2005, 79th Leg., Ch. 471 (H.B. 57), Sec. 2, eff. October 1, 2005.

Acts 2005, 79th Leg., Ch. 471 (H.B. 57), Sec. 9, eff. October 1, 2005.

Acts 2011, 82nd Leg., R.S., Ch. 519 (H.B. 2144), Sec. 1, eff. September 1, 2011.

Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 4, eff. September 1, 2011.

Acts 2015, 84th Leg., R.S., Ch. 84 (S.B. 1703), Sec. 4, eff. September 1, 2015.

Acts 2015, 84th Leg., R.S., Ch. 558 (H.B. 2354), Sec. 1, eff. September 1, 2015.

Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 37, eff. September 1, 2021.

Notes of Decisions
Cited in 17 cases (1 in the last 5 years), 1986–2025 · leading case: Neeley v. West Orange-Cove Consol. Indep. Sch. Dist., 176 S.W.3d 746 (Tex. 2005).
Neeley v. West Orange-Cove Consol. Indep. Sch. Dist., 176 S.W.3d 746 (Tex. 2005). · cites it 2× “[81] See TEX. ELEC. CODE § 41.001. [82] A party seeking an equitable remedy like the permanent injunction here must do equity, and come to court with clean hands.”
In Re Donald Ray LEE, Latricia Doyal, Paulette Savage & Jonathan Chase, 412 S.W.3d 23 (Tex. App. 2013). · cites it 2× “See Tex. Elec. Code Ann. § 41.001 (a)(2) (West Supp.”
in Re Marcelino Rodriguez, Donna Jean Fargas, & Linda Marie Wiltz Gilmore, 413 S.W.3d 524 (Tex. App. 2013). · cites it 3× “(requiring joint elections); see also Tex. Elec. Code Ann. §§ 41.001 (a) (West Supp.”
City Council of Austin v. Save Our Springs Coalition, 828 S.W.2d 340 (Tex. App. 1992). “Based on these provisions, the Coalition contended that, pursuant to Tex.Elec.Code § 41.001(a) (Supp.1992), the only authorized uniform election date within the ninety-day period was May 2, 1992, and that the city council must set an election for that day no later than March 18,…”
Duffy v. Branch, 828 S.W.2d 211 (Tex. App. 1992). “See Tex.Elec.Code Ann. § 41.001(a)(2) (Vernon Supp.”
Moore v. Barr, 718 S.W.2d 925 (Tex. App. 1986). “Tex.Elec.Code Ann. § 41.001 (Vernon 1986).”
Thompson v. Willis, 881 S.W.2d 221 (Tex. App. 1994). “The judgment of the trial court is affirmed and reformed to substitute September 13, 1994, for June 7, 1994, see Tex.Elec.Code Ann. § 41.001(b)(5) (Vernon Supp.”
in Re Sharon F. Blythe (Tex. App. 2019). · cites it 2× “1 See Tex. Elec. Code § 41.001(a) (allowing municipalities to 1 The City elections for City Council are held the first Tuesday in November of every even-numbered year.”
in Re Milton Johnson, Hazel Embra, Joyce Rattler, & Lashunda White (Tex. App. 2015). · cites it 2× “See TEX. ELEC. CODE ANN. § 41.001(a)(1) (West Supp.”
Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2018). “" TEX. ELEC. CODE§ 41.001 l(c). 3 A hardship exemption exists to waive this 45-day requirement in certain circumstances, but none of those circumstances appear to apply here.”
in Re Nelson Linder (Tex. App. 2019). “See Tex. Elec. Code § 41.001(a) (allowing municipalities to hold 4 elections in May and November of odd- and even-numbered years).”
— Tex. Elec. Code § 41.001(a) — 5 cases
City Council of Austin v. Save Our Springs Coalition, 828 S.W.2d 340 (Tex. App. 1992). “Based on these provisions, the Coalition contended that, pursuant to Tex.Elec.Code § 41.001(a) (Supp.1992), the only authorized uniform election date within the ninety-day period was May 2, 1992, and that the city council must set an election for that day no later than March 18,…”
in Re Sharon F. Blythe (Tex. App. 2019). “1 See Tex. Elec. Code § 41.001(a) (allowing municipalities to 1 The City elections for City Council are held the first Tuesday in November of every even-numbered year.”
in Re Nelson Linder (Tex. App. 2019). “See Tex. Elec. Code § 41.001(a) (allowing municipalities to hold 4 elections in May and November of odd- and even-numbered years).”
Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2012).
— Tex. Elec. Code § 41.001(a)(1) — 1 case
in Re Milton Johnson, Hazel Embra, Joyce Rattler, & Lashunda White (Tex. App. 2015). “See TEX. ELEC. CODE ANN. § 41.001(a)(1) (West Supp.”
— Tex. Elec. Code § 41.001(a)(2) — 1 case
Duffy v. Branch, 828 S.W.2d 211 (Tex. App. 1992). “See Tex.Elec.Code Ann. § 41.001(a)(2) (Vernon Supp.”
— Tex. Elec. Code § 41.001(b)(3) — 2 cases
in Re Marcelino Rodriguez, Donna Jean Fargas, & Linda Marie Wiltz Gilmore, 413 S.W.3d 524 (Tex. App. 2013). “(requiring joint elections); see also Tex. Elec. Code Ann. §§ 41.001 (a) (West Supp.”
in Re Milton Johnson, Hazel Embra, Joyce Rattler, & Lashunda White (Tex. App. 2015). “See TEX. ELEC. CODE ANN. § 41.001(a)(1) (West Supp.”
— Tex. Elec. Code § 41.001(b)(5) — 1 case
Thompson v. Willis, 881 S.W.2d 221 (Tex. App. 1994). “The judgment of the trial court is affirmed and reformed to substitute September 13, 1994, for June 7, 1994, see Tex.Elec.Code Ann. § 41.001(b)(5) (Vernon Supp.”
— Tex. Elec. Code § 41.001(d) — 1 case
Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2013).
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