ELECTIONS POST-ELECTION PROCEDURES

Determination of Results

Majority

A candidate receiving a majority of the votes cast for all candidates for a board member position shall be declared elected.

Education Code 130.082(g); Atty. Gen. Op. CM-1101 (1972)

Runoff Elections

If no candidate receives such a majority, then the two candidates receiving the highest number of votes shall run against each other for the position. The runoff election for all positions shall be held on a Saturday designated by the secretary of state. A date designated by the secretary of state for a runoff election:

1. Must be not earlier than the 30th day after the date of the main election and not later than the 45th day after the date of the main election; and

2. May not be a national or state holiday under Election Code 1.006(f) or have an early voting period that includes a national or state holiday under Election Code 1.006(f).

The runoff election shall be conducted in accordance with Election Code Chapter 2, Subchapter B.

Education Code 130.082(g); Election Code 2.021, .025(a), (e)

Write-In Voting

Election Code Chapter 146, Subchapter B, applies to write-in voting in an election for members of the governing body except to the extent of a conflict with this section. In a general or special election for members of the governing body of a junior college district, a write-in vote may not be counted for a person unless the person has filed a declaration of write-in candidacy with the secretary of the board of trustees in the manner provided for write-in candidates in the general election for state and county officers.

Education Code 130.0825(a), (c)

Canvass Returns

Except as provided by Election Code 67.003(c), each local canvassing authority shall convene to conduct the local canvass at the time set by the canvassing authority's presiding officer not later than the 11th day after election day and not earlier than the later of:

1. The third day after election day;

2. The date on which the early voting ballot board has verified and counted all provisional ballots, if a provisional ballot has been cast in the election; or

3. The date on which all timely received ballots cast from addresses outside of the United States are counted, if a ballot to be voted by mail in the election was provided to a person outside of the United States.

Two members of the authority constitute a quorum for purposes of canvassing an election. The presiding officer of the canvassing authority shall note the completion of the canvass in the minutes or in the recording required by Government Code 551.021.

Election Code 67.003(b), .004(a), (g)

Early Voting Canvass— November Election

For an election held on the date of the general election for state and county officers (November of even-numbered years), the time for the canvass of early voting results may be set not later than the 14th day after election day.

Election Code 65.051(a-1), 67.003(c)

Certificate of Election

After the completion of a canvass, the presiding officer of the local canvassing authority shall prepare a certificate of election for each candidate who is elected to an office for which the official result is determined by that authority’s canvass. A certificate of election must contain:

1. The candidate’s name;

2. The office to which the candidate is elected;

3. A statement of election to an unexpired term, if applicable;

4. The date of the election;

5. The signature of the officer preparing the certificate; and

6. Any seal used by the officer preparing the certificate to authenticate documents that the officer executes or certifies. The authority preparing a certificate of election shall promptly deliver it to the person for whom it is prepared, subject to the submission of a recount petition.

The submission of a recount petition delays the issuance of a certificate of election and qualification for the office involved in the recount pending completion of the recount. A candidate may not qualify for an office involved in a recount before completion of the recount. The recount petition does not affect a candidate who has received a certificate of election and qualified for an office before the submission of a recount petition.

A certificate of election may not be issued to a person who has been declared ineligible to be elected to the office.

Election Code 67.016(a), (c), (e), 212.0331(a)–(c)

Certificate of Election for

Unopposed Candidate

A certificate of election shall be issued to each unopposed candidate in the same manner and at the same time as provided for a candidate elected at the election. The candidate must qualify for the office in the same manner as provided for a candidate elected at the election.

Election Code 2.053(e)

Officer’s Statement

All elected or appointed officers, before taking the oath or affirmation of office and entering upon the duties of office, shall subscribe to the required officer’s statement. All other officers shall retain the signed statement with the official records of the office. [See BBBB(EXHIBIT)] Tex. Const. Art. XVI, Sec. 1(b)–(c)

Oath of Office

All elected and appointed officers, before they enter upon the duties of their offices, shall take the oath or affirmation of office. [See BBBB(EXHIBIT)]

An oath made in this state may be administered and a certificate of the fact given by the individuals listed at Government Code 602.002, including:

1. A judge, retired judge, or clerk of a municipal court.

2. A judge, retired judge, senior judge, clerk, or commissioner of a court of record.

3. A notary public.

4. A justice of the peace, a retired justice of the peace, or a clerk of a justice court.

5. An associate judge, magistrate, master, referee, or criminal law hearing officer.

6. The secretary of state or a former secretary of state.

7. The speaker of the house of representatives or a former speaker of the house of representatives.

8. The lieutenant governor or a former lieutenant governor.

9. The governor or a former governor.

10. A legislator or retired legislator.

11. The secretary of the senate or the chief clerk of the house of representatives.

12. The attorney general or a former attorney general.

13. The comptroller of public accounts or a former comptroller of public accounts.

14. A county treasurer.

Tex. Const. Art. XVI, Sec. 1(a); Education Code 130.082(d); Gov’t Code 602.002