Tex.
Gov't Code Section 23.302
Deadlines in Certain Election Proceedings
(a)
Not later than 24 hours after the proceeding is filed, a judge to whom a case is assigned under Section 23.301 (Assignment of Certain Election Proceedings; Criminal Offense)(b) who wishes to be recused from the proceeding must, before recusal:(1)
hear an application for any emergency temporary relief sought;(2)
grant or deny any emergency temporary relief sought; and(3)
set a scheduling order that provides:(A)
a date for a hearing on any injunction sought not later than five days after the date on which the proceeding was filed; and(B)
discovery and deposition deadlines before the expiration of any emergency relief order entered.(b)
The presiding judge of an administrative region shall assign a new judge to a proceeding assigned under Section 23.301 (Assignment of Certain Election Proceedings; Criminal Offense)(b) not later than 12 hours after the original judge assigned to the proceeding is recused under Subsection (a).(c)
A final order in a proceeding filed under Section 273.081 (Injunction), Election Code, shall be submitted in writing to the parties not later than 24 hours after the judge makes a final determination in the proceeding.(d)
If a district judge does not comply with this section, a person may seek from the supreme court, the court of criminal appeals, or a court of appeals a writ of mandamus as provided by Section 273.061 (Jurisdiction), Election Code, to compel compliance with this section.(e)
Notwithstanding Section 23.101 (Primary Priorities)(b-1), a proceeding relating to a permanent injunction being sought in connection to a challenge under Section 141.034 (Limitation on Challenge of Application), Election Code, may be heard after the primary election has been canvassed.
Source:
Section 23.302 — Deadlines in Certain Election Proceedings, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.23.htm#23.302 (accessed May 4, 2024).
