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.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 8.07, eff. December 2, 2021.

Source: Section 23.302 — Deadlines in Certain Election Proceedings, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­23.­htm#23.­302 (accessed Jun. 5, 2024).

Accessed:
Jun. 5, 2024

§ 23.302’s source at texas​.gov