Sec. 2.055. SPECIAL ELECTION TO FILL VACANCY IN LEGISLATURE. (a) The secretary of state shall declare an unopposed candidate elected to fill a vacancy in the legislature if:
(1) each candidate for an office that is to appear on the ballot is unopposed; and
(2) no proposition is to appear on the ballot.
(b) The declaration under Subsection (a) shall be made on the second day after:
(1) the last date an application for a place on the special election ballot may be filed; or
(2) the date of a withdrawal, death, or final judgment of ineligibility of a candidate that causes the remaining candidate to be unopposed.
(c) After a declaration is made under Subsection (a), the election is not held. A copy of the declaration shall be posted on election day at each polling place that would have been used in the election.
(d) At the same time a declaration is made under Subsection (a), the secretary of state shall issue a certificate of election to each candidate in the same manner as provided for a candidate elected at the election.
Added by Acts 2001, 77th Leg., ch. 17, Sec. 2, eff. Jan. 1, 2002.
Amended by:
Acts 2005, 79th Leg., Ch. 1107 (H.B. 2309), Sec. 1.03, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 467 (H.B. 184), Sec. 1, eff. September 1, 2011.
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