Election Code § 2.055

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. SUBCHAPTER D. CANCELLATION OF ELECTIONS