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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) If an authority that orders an election on a measure determines that the action to be authorized by the voters may not be taken, regardless of the outcome of the election, the authority may declare the measure moot and remove the measure from the ballot.
(a-1) Not later than the 74th day before election day, the authority that ordered an election on a measure to authorize the issuance of bonds may cancel the election on the measure if:
(1) not earlier than the 90th day before the date of the election on the measure, the governor issues a disaster declaration under Chapter 418, Government Code, regarding a natural disaster or other disaster threatening the health, safety, or general welfare of the authority's residents; and
(2) the governing body of the authority, after holding an open meeting under Subsection (a-2), determines by majority vote that canceling the election on the measure is necessary:
(A) due to damage to the authority's election system;
(B) to avoid harm to the authority's election workers; or
(C) to avoid harm to voters within the authority's jurisdiction.
(a-2) The governing body of an authority may hold an open meeting solely to deliberate whether to cancel an election on a measure to authorize the issuance of bonds due to the issuance of a disaster declaration described by Subsection (a-1). To the extent practicable under the circumstances, the governing body shall provide reasonable public notice of the meeting and allow members of the public and the press to observe the meeting.
(b) If an election on a measure is canceled or the measure is removed from the ballot under this section , the authority holding the election shall post notice of the cancellation or removal during early voting by personal appearance and on election day, at each polling place that would have been used for the election on the measure.
(c) A county election officer, as defined by Section 31.091, may use a single combined notice of cancellation under Subsection (b) for all authorities:
(1) for which the officer provides election services under contract; and
(2) that cancel an election on a measure or remove a measure from the ballot under Subsection (a) or (a-1).
Cite this article: FindLaw.com - Texas Election Code - ELEC § 2.081. Cancellation of Measure - last updated January 01, 2024 | https://codes.findlaw.com/tx/election-code/elec-sect-2-081/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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