(a) The judge of a judicial district that includes any territory covered by a contested election that is less than statewide is disqualified to preside in the contest.
(b) If a contest is filed in which a judge is disqualified under Subsection (a), the district clerk shall promptly call the filing to the attention of the judge. The judge shall promptly request the presiding judge of the administrative judicial region to assign a special judge to preside in the contest.

Terms Used In Texas Election Code 231.004

  • Primary election: means an election held by a political party under Chapter 172 to select its nominees for public office, and, unless the context indicates otherwise, the term includes a presidential primary election. See Texas Election Code 1.005

(c) A judge who resides in the territory covered by a contested election is not eligible for assignment as a special judge for the contest.
(d) Subsections (a), (b), and (c) do not apply to a contest of an election for an office of a political party.
(e) In an election contest in which the district judge is disqualified, until a special judge is assigned to preside over the contest, the presiding judge of the administrative judicial region may take any action regarding the contest that a district judge may take if the contested election is:
(1) a primary election; or
(2) an election in which a runoff in the contested race is necessary, according to the official returns, or will be necessary if the contestant prevails.

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