LAWSUIT ALLEGING IMPROPER ELECTION ACTIVITIES

Tex. ELEC Code ch. 247

in effect

Tex. ELEC Code § 247.001. PETITION ALLEGING FRAUD.

This chapter applies to a civil suit in which a candidate in an election alleges in the petition that an opposing candidate, an agent of the opposing candidate, or a person acting on behalf of the opposing candidate with the candidate's knowledge violated any of the following sections of this code: (1) Section 13.007 ; (2) Section 64.012 ; (3) Section 64.036 ; (4) Section 84.003 ; (5) Section 84.0041 ; (6) Section 86.0051 ; (7) Section 86.006 ; (8) Section 86.010 ; (9) Section 276.013 ; and (10) Section 276.015 . Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1 ), Sec. 8.03, eff. December 2, 2021.

Tex. ELEC Code § 247.002. PROCEDURE.

A candidate in an election may file a petition for an action under this chapter in any county where a defendant resided at the time of the election. If the election is for a statewide office, the candidate may also file the petition in a district court in Travis County. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1 ), Sec. 8.03, eff. December 2, 2021.

Tex. ELEC Code § 247.003. FILING PERIOD FOR PETITION.

A candidate in an election may file a petition for an action under this chapter not earlier than the day after the date the election is certified and not later than the 45th day after the later of that date or the date election records are made publicly available under Section 1.012 . Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1 ), Sec. 8.03, eff. December 2, 2021.

Tex. ELEC Code § 247.004. DAMAGES.

(a) If it is shown by a preponderance of the evidence that a defendant, an agent of the defendant, or a person acting on behalf of the defendant with the defendant's knowledge committed one or more violations of a section described by Section 247.001 , the defendant is liable to the plaintiff for damages in an amount of $1,000 for each violation. (b) Notwithstanding Section 41.004 , Civil Practice and Remedies Code, a court shall award damages under Subsection (a) to the plaintiff irrespective of whether the plaintiff is awarded actual damages. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1 ), Sec. 8.03, eff. December 2, 2021.

Tex. ELEC Code § 247.005. ATTORNEY'S FEES.

In an action under this chapter, the court may award reasonable attorney's fees to the prevailing party. Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1 ), Sec. 8.03, eff. December 2, 2021.

Source: TX Statutes (Official Site)URL: https://statutes.capitol.texas.gov/Fetched: 6/29/2026