Tuesday, May 5, 2009

Special Election to fill a vacancy in office

As indicated below, the Texas Education Code § 11.060 (c) provides that Dallas ISD "may call a special election to fill a vacancy."

Section 11.060 (d) - Texas Education Code sets a deadline of "not later than 180 days" to hold an election to fill a vacancy where more that one year remains on the term.

The Texas Election Code Section 201.052 below states that "a special election to fill a vacancy shall be held on the first authorized uniform election date."

The next authorized uniform election date in Dallas will be the first Tuesday in November after the first Monday.

***************************************************************************

Texas Education Code Section 11.060. VACANCIES.

(a) If a vacancy occurs on the board of trustees of an independent school district, the remaining trustees may fill the vacancy by appointment until the next trustee election.

 (b) If the board is appointed by the governing body of a municipality, a trustee appointed by the governing body to fill a vacancy shall serve for the unexpired term.

 (c) Instead of filling a vacancy by appointment under Subsection (a) or (b), the board or municipal governing body may order a special election to fill the vacancy. A special election is conducted in the same manner as the district's general election except as provided by the Election Code.

 (d) If more than one year remains in the term of the position vacated, the vacancy shall be filled under this section not later than the 180th day after the date the vacancy occurs.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.

**************************************************************************

Texas Election Code - Title 12. Elections To Fill Vacancy In Office

CHAPTER 201. Determination Of And Election To Fill Vacancy

Sec. 201.052. DATE OF ELECTION. (a) Except as otherwise provided by this code, a special election to fill a vacancy shall be held on the first authorized uniform election date occurring on or after the 30th day after the date the election is ordered.

(b) If a law outside this code authorizes the holding of the election on a date earlier than the 30th day after the date of the order, the election shall be held on the first authorized uniform election date occurring on or after the earliest date that the election could be held under that law

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

**************************************************************************
Texas Election Code - Title 4. Time and Place of Elections
Chapter 41.  Election Dates and Hours for Voting - Subchapter A.  Election Dates

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 second Saturday in May; or
(2) the first Tuesday after the first Monday in November.

Added by Acts 1997, 75th Leg., ch. 1070, Sec. 49, eff. Sept. 1, 1997.

**************************************************************************

Sec. 41.0053. ELECTIONS ON SPRING UNIFORM DATE IN CERTAIN POLITICAL SUBDIVISIONS.

(a) This section applies only to:

(1) a city with a population of more than 450,000 in which all members of the city's governing body are elected at large;

(2) an independent school district or public junior college district with a service area that is primarily the same as that of a city described by Subdivision (1); and

(3) a metropolitan transit authority with a principal city described by Subdivision (1).

(b) A general or special election of officers of a political subdivision covered by this section shall be held on the spring uniform election date.


Added by Acts 1997, 75th Leg., ch. 1219, Sec. 6, eff. June 20, 1997.