reglab/statecodes huggingface dataset:
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 145 - Withdrawal, Death and Ineligibility of Candidate › Subchapter B. Party Nominee in General Election for State and County Officers › Section 145.031. Applicability of Subchapter

Sec. 145.031.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies to a candidate who is a political party's nominee in the general election for state and county officers except a candidate for president or vice-president of the United States.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 145 - Withdrawal, Death and Ineligibility of Candidate › Subchapter B. Party Nominee in General Election for State and County Officers › Section 145.032. Deadline for Withdrawal

Sec. 145.032.  DEADLINE FOR WITHDRAWAL.  A candidate may not withdraw from the general election after the 74th day before election day.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2005, 79th Leg., Ch. 1109 (H.B. 2339), Sec. 7, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 145 - Withdrawal, Death and Ineligibility of Candidate › Subchapter B. Party Nominee in General Election for State and County Officers › Section 145.033. Authority With Whom Withdrawal Request Filed

Sec. 145.033.  AUTHORITY WITH WHOM WITHDRAWAL REQUEST FILED.  A candidate must file a withdrawal request with:
(1)  the secretary of state, for a statewide or district office;  or
(2)  the authority responsible for having the official ballot prepared, for a county or precinct office.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 145 - Withdrawal, Death and Ineligibility of Candidate › Subchapter B. Party Nominee in General Election for State and County Officers › Section 145.034. Copy of Withdrawal Request Delivered to Executive Committee

Sec. 145.034.  COPY OF WITHDRAWAL REQUEST DELIVERED TO EXECUTIVE COMMITTEE.  At the same time a withdrawal request is filed, a candidate must deliver a copy of the request to the chair of the executive committee authorized to fill a vacancy in the nomination.  If a vacancy exists in the office of chair of a precinct or district executive committee, the copy must be delivered to:
(1)  the chair of the state executive committee, for a district office;  or
(2)  the chair of the county executive committee, for a precinct office.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 100, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 145 - Withdrawal, Death and Ineligibility of Candidate › Subchapter B. Party Nominee in General Election for State and County Officers › Section 145.035. Withdrawn, Deceased, or Ineligible Candidate's Name Omitted From Ballot

Sec. 145.035.  WITHDRAWN, DECEASED, OR INELIGIBLE CANDIDATE'S NAME OMITTED FROM BALLOT.  A candidate's name shall be omitted from the ballot if the candidate withdraws, dies, or is declared ineligible on or before the 74th day before election day.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2005, 79th Leg., Ch. 1109 (H.B. 2339), Sec. 7, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 145 - Withdrawal, Death and Ineligibility of Candidate › Subchapter B. Party Nominee in General Election for State and County Officers › Section 145.036. Filling Vacancy in Nomination

Sec. 145.036.  FILLING VACANCY IN NOMINATION.  (a)  Except as provided by Subsections (b) and (b-1), if a candidate's name is to be omitted from the ballot under Section 145.035, the political party's state, district, county, or precinct executive committee, as appropriate for the particular office, may nominate a replacement candidate to fill the vacancy in the nomination.
(b)  An executive committee may make a replacement nomination following a withdrawal only if:
(1)  the candidate:
(A)  withdraws because of a catastrophic illness that was diagnosed after the first day after the date of the regular filing deadline for the general primary election and the illness would permanently and continuously incapacitate the candidate and prevent the candidate from performing the duties of the office sought; and
(B)  files with the withdrawal request a certificate describing the illness and signed by at least two licensed physicians;
(2)  no political party that held primary elections has a nominee for the office sought by the withdrawing candidate as of the time of the withdrawal; or
(3)  the candidate has been elected or appointed to fill a vacancy in another elective office or has become the nominee for another office.
(b-1)  An executive committee may make a replacement nomination following an administrative declaration of ineligibility under Section 145.003(f)(3) only if the replacement candidate pays the filing fee or submits a petition in lieu of a filing fee.
(c)  Under the circumstances described by Subsection (b)(2), the appropriate executive committee of each political party making nominations for the general election for state and county officers may make a replacement nomination for the office sought by the withdrawing candidate.
(d)  For the purpose of filling a vacancy, a majority of the committee's membership constitutes a quorum.  To be nominated, a person must receive a favorable vote of a majority of the members voting.
(e)  A vacancy in a nomination for a district, county, or precinct office that was made by primary election may not be filled before the beginning of the term of office of the county executive committee members elected in the year in which the vacancy occurs.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 54, Sec. 20, eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 337, Sec. 1, eff. Sept. 1, 1989;  Acts 1997, 75th Leg., ch. 864, Sec. 101, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 84 (S.B. 1703), Sec. 12, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Sec. 24, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 1150 (S.B. 994), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 145 - Withdrawal, Death and Ineligibility of Candidate › Subchapter B. Party Nominee in General Election for State and County Officers › Section 145.037. Certification of Replacement Nominee for Placement on Ballot

Sec. 145.037.  CERTIFICATION OF REPLACEMENT NOMINEE FOR PLACEMENT ON BALLOT.  (a)  For the name of a replacement nominee to be placed on the general election ballot, the chair of the executive committee making the replacement nomination must certify in writing the nominee's name for placement on the ballot as provided by this section.
(b)  The certification must be signed and acknowledged by the chair.
(c)  In addition to the name of the replacement nominee, the certification must include:
(1)  the replacement nominee's residence address and mailing address, if different from the residence address;
(2)  the name of the original nominee;
(3)  the office sought, including any place number or other distinguishing number;
(4)  the cause of the vacancy;
(5)  an identification of the executive committee making the replacement nomination;  and
(6)  the date of the replacement nomination.
(d)  The chair must deliver the certification to:
(1)  the secretary of state, for a statewide or district office;  or
(2)  the authority responsible for having the official ballot prepared, for a county or precinct office.
(e)  The certification must be delivered not later than 5 p.m. of the 71st day before election day.
(f)  A certification of a replacement nominee that is delivered by mail is considered to be delivered at the time of its receipt by the appropriate authority.
(g)  A replacement nominee's name may not be certified if, before delivering the certification, the certifying authority learns that the replacement nominee's name is to be omitted from the ballot under Section 145.035.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 102, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 1109 (H.B. 2339), Sec. 8, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 20, eff. September 1, 2011.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 145 - Withdrawal, Death and Ineligibility of Candidate › Subchapter B. Party Nominee in General Election for State and County Officers › Section 145.038. Failure of District Executive Committee to Make Replacement Nomination

Sec. 145.038.  FAILURE OF DISTRICT EXECUTIVE COMMITTEE TO MAKE REPLACEMENT NOMINATION.  (a)  If a political party's district executive committee fails to nominate a replacement candidate to fill a vacancy in a nomination for a district office, the state executive committee may nominate a candidate to fill the vacancy.
(b)  The state chair must deliver the certification of the replacement nominee not later than 5 p.m. of the 69th day before election day.
(c)  A certification of a replacement nominee that is delivered by mail is considered to be delivered at the time of its receipt by the secretary of state.
Amended by Acts 1997, 75th Leg., ch. 864, Sec. 103, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 1109 (H.B. 2339), Sec. 9, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 21, eff. September 1, 2011.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 145 - Withdrawal, Death and Ineligibility of Candidate › Subchapter B. Party Nominee in General Election for State and County Officers › Section 145.039. Deceased or Ineligible Candidate's Name to Appear on General Election Ballot

Sec. 145.039.  DECEASED OR INELIGIBLE CANDIDATE'S NAME TO APPEAR ON GENERAL ELECTION BALLOT.  If a candidate dies or is declared ineligible after the 74th day before election day, the candidate's name shall be placed on the ballot.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2005, 79th Leg., Ch. 1109 (H.B. 2339), Sec. 10, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 145 - Withdrawal, Death and Ineligibility of Candidate › Subchapter C. Independent Candidate in General Election for State and County Officers › Section 145.061. Applicability of Subchapter

Sec. 145.061.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies to an independent candidate in the general election for state and county officers except a candidate for president or vice-president of the United States.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 145 - Withdrawal, Death and Ineligibility of Candidate › Subchapter C. Independent Candidate in General Election for State and County Officers › Section 145.062. Deadline for Withdrawal

Sec. 145.062.  DEADLINE FOR WITHDRAWAL.  A candidate may not withdraw from the general election after the 74th day before election day.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2005, 79th Leg., Ch. 1109 (H.B. 2339), Sec. 11, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 145 - Withdrawal, Death and Ineligibility of Candidate › Subchapter C. Independent Candidate in General Election for State and County Officers › Section 145.063. Authority With Whom Withdrawal Request Filed

Sec. 145.063.  AUTHORITY WITH WHOM WITHDRAWAL REQUEST FILED.  A candidate must file a withdrawal request with the authority with whom the candidate's application for a place on the ballot is required to be filed.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 145 - Withdrawal, Death and Ineligibility of Candidate › Subchapter C. Independent Candidate in General Election for State and County Officers › Section 145.064. Withdrawn, Deceased, or Ineligible Candidate's Name Omitted From Ballot

Sec. 145.064.  WITHDRAWN, DECEASED, OR INELIGIBLE CANDIDATE'S NAME OMITTED FROM BALLOT.  (a)  Except as provided by Subsection (b), a candidate's name shall be omitted from the ballot if the candidate withdraws, dies, or is declared ineligible on or before the 74th day before election day.
(b)  The name of a deceased candidate may not be omitted if:
(1)  the decedent was the incumbent in the office for which the decedent was a candidate; or
(2)  no other candidate's name is to appear on the ballot in the race in which the decedent was a candidate.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 104, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 1109 (H.B. 2339), Sec. 11, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 145 - Withdrawal, Death and Ineligibility of Candidate › Subchapter C. Independent Candidate in General Election for State and County Officers › Section 145.065. Deceased or Ineligible Candidate's Name to Appear on General Election Ballot

Sec. 145.065.  DECEASED OR INELIGIBLE CANDIDATE'S NAME TO APPEAR ON GENERAL ELECTION BALLOT.  If a candidate dies or is declared ineligible after the 74th day before election day, the candidate's name shall be placed on the ballot.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2005, 79th Leg., Ch. 1109 (H.B. 2339), Sec. 11, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 145 - Withdrawal, Death and Ineligibility of Candidate › Subchapter D. Candidate in Election Other Than General Election for State and County Officers › Section 145.091. Applicability of Subchapter

Sec. 145.091.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies to a candidate in a general or special election, except the general election for state and county officers.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 145 - Withdrawal, Death and Ineligibility of Candidate › Subchapter D. Candidate in Election Other Than General Election for State and County Officers › Section 145.092. Deadline for Withdrawal

Sec. 145.092.  DEADLINE FOR WITHDRAWAL.  (a)  Except as otherwise provided by this section, a candidate may not withdraw from an election after 5 p.m. of the fifth day after the deadline for filing the candidate's application for a place on the ballot.
(b)  A candidate in an election for which the filing deadline for an application for a place on the ballot is not later than 5 p.m. of the 62nd day before election day may not withdraw from the election after 5 p.m. of the 57th day before election day.
(c)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1164, Sec. 44, eff. September 1, 2011.
(d)  A candidate in a runoff election may not withdraw from the election after 5 p.m. of the third day after the date of the final canvass for the main election.
(e)  Section 1.006 does not apply to this section.
(f)  A candidate in an election for which the filing deadline for an application for a place on the ballot is not later than 5 p.m. of the 78th day before election day may not withdraw from the election after 5 p.m. of the 71st day before election day.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 472, Sec. 40, eff. Sept. 1, 1987;  Acts 1991, 72nd Leg., ch. 203, Sec. 2.59;  Acts 1991, 72nd Leg., ch. 554, Sec. 30, eff. Sept. 1, 1991;  Acts 2003, 78th Leg., ch. 925, Sec. 5, eff. Nov. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1109 (H.B. 2339), Sec. 12, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2817), Sec. 31, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2817), Sec. 44, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 22, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 589 (S.B. 904), Sec. 3, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 84 (S.B. 1703), Sec. 13, eff. September 1, 2015.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 145 - Withdrawal, Death and Ineligibility of Candidate › Subchapter D. Candidate in Election Other Than General Election for State and County Officers › Section 145.093. Authority With Whom Withdrawal Request Filed

Sec. 145.093.  AUTHORITY WITH WHOM WITHDRAWAL REQUEST FILED.  (a)  A candidate must file a withdrawal request with the authority with whom applications for a place on the ballot are required to be filed.
(b)  If the authority with whom applications for a place on the ballot are required to be filed is not responsible for having the official ballot prepared for the election, on the filing of a withdrawal request, the authority shall certify the candidate's name in writing as a withdrawn candidate and promptly deliver the certification to the authority responsible for having the official ballot prepared.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 145 - Withdrawal, Death and Ineligibility of Candidate › Subchapter D. Candidate in Election Other Than General Election for State and County Officers › Section 145.094. Withdrawn, Deceased, or Ineligible Candidate's Name Omitted From Ballot

Sec. 145.094.  WITHDRAWN, DECEASED, OR INELIGIBLE CANDIDATE'S NAME OMITTED FROM BALLOT.  (a)  The name of a candidate shall be omitted from the ballot if the candidate:
(1)  dies before the second day before the date of the deadline for filing the candidate's application for a place on the ballot;
(2)  withdraws or is declared ineligible within the time prescribed by Section 145.092(a), in an election subject to that section;
(3)  withdraws or is declared ineligible within the time prescribed by Section 145.092(b), in an election subject to that section; or
(4)  withdraws or is declared ineligible before 5 p.m. of the 71st day before election day, in an election subject to Section 145.092(f).
(b)  This section does not apply to a runoff election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 472, Sec. 41, eff. Sept. 1, 1987;  Acts 1991, 72nd Leg., ch. 203, Sec. 2.60;  Acts 1991, 72nd Leg., ch. 554, Sec. 31, eff. Sept. 1, 1991;  Acts 2003, 78th Leg., ch. 925, Sec. 6, eff. Nov. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1109 (H.B. 2339), Sec. 13, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2817), Sec. 32, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 23, eff. September 1, 2011.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 145 - Withdrawal, Death and Ineligibility of Candidate › Subchapter D. Candidate in Election Other Than General Election for State and County Officers › Section 145.095. Effect of Withdrawal From Runoff

Sec. 145.095.  EFFECT OF WITHDRAWAL FROM RUNOFF.  If a runoff candidate withdraws, the remaining candidate is considered to be elected and the runoff election for that office is not held.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 145 - Withdrawal, Death and Ineligibility of Candidate › Subchapter D. Candidate in Election Other Than General Election for State and County Officers › Section 145.096. Deceased or Ineligible Candidate's Name to Appear on Ballot

Sec. 145.096.  DECEASED OR INELIGIBLE CANDIDATE'S NAME TO APPEAR ON BALLOT.  (a)  Except as provided by Subsection (b) or Section 145.098(b), a candidate's name shall be placed on the ballot if the candidate:
(1)  dies on or after the second day before the deadline for filing the candidate's application for a place on the ballot;
(2)  is declared ineligible after 5 p.m. of the fifth day after the deadline for filing the candidate's application for a place on the ballot, in an election subject to Section 145.092(a);
(3)  is declared ineligible after 5 p.m. of the 57th day before election day, in an election subject to Section 145.092(b); or
(4)  is declared ineligible after 5 p.m. of the 71st day before election day, in an election subject to Section 145.092(f).
(b)  If a candidate in a runoff election dies or is declared ineligible before runoff election day, the candidate's name shall be placed on the runoff election ballot.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 472, Sec. 42, eff. Sept. 1, 1987;  Acts 1991, 72nd Leg., ch. 203, Sec. 2.61;  Acts 1991, 72nd Leg., ch. 554, Sec. 32, eff. Sept. 1, 1991;  Acts 2003, 78th Leg., ch. 925, Sec. 7, eff. Nov. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1109 (H.B. 2339), Sec. 14, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 24, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1178 (S.B. 910), Sec. 14, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 84 (S.B. 1703), Sec. 14, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 172 (H.B. 1067), Sec. 1, eff. May 24, 2019.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 145 - Withdrawal, Death and Ineligibility of Candidate › Subchapter D. Candidate in Election Other Than General Election for State and County Officers › Section 145.097. Home-Rule City Candidate

Sec. 145.097.  HOME-RULE CITY CANDIDATE.  Provisions governing the withdrawal, death, or ineligibility of candidates for city offices prescribed by a home-rule city charter supersede this chapter to the extent of any conflict, except that this subchapter prevails in regard to an election subject to Section 145.092(f).
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2005, 79th Leg., Ch. 1109 (H.B. 2339), Sec. 15, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 145 - Withdrawal, Death and Ineligibility of Candidate › Subchapter D. Candidate in Election Other Than General Election for State and County Officers › Section 145.098. Withdrawal or Death of Candidate Before Certain Events Occur

Sec. 145.098.  WITHDRAWAL OR DEATH OF CANDIDATE BEFORE CERTAIN EVENTS OCCUR.  (a)  If a candidate files a withdrawal request after the deadline prescribed by Section 145.092, and the candidate complies with each requirement under Section 145.001 except that the candidate's filing to withdraw is untimely, the authority responsible for preparing the ballots may choose to omit the candidate from the ballot if at the time the candidate files the withdrawal request:
(1)  the ballots have not been prepared; and
(2)  if using a voting system to which Chapter 129 applies, public notice of the test of logic and accuracy has not been published.
(b)  If a candidate dies on or before the deadline for filing an application for a place on the ballot:
(1)  the authority responsible for preparing the ballots may choose to omit the candidate from the ballot; and
(2)  if the authority omits the candidate's name under Subdivision (1), the filing deadline for an application for a place on the ballot for the office sought by the candidate is extended until the fifth day after the filing deadline.
Added by Acts 2017, 85th Leg., R.S., Ch. 1032 (H.B. 1661), Sec. 2, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 172 (H.B. 1067), Sec. 2, eff. May 24, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1191 (H.B. 4129), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 146 - Write-in Candidate › Subchapter A. Write-Ins Generally › Section 146.001. Write-in Votes Permitted

Sec. 146.001.  WRITE-IN VOTES PERMITTED.  Except as otherwise provided by law, if the name of the person for whom a voter desires to vote does not appear on the ballot, the voter may write in the name of that person.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 146 - Write-in Candidate › Subchapter A. Write-Ins Generally › Section 146.002. Write-in Voting in Runoff Prohibited

Sec. 146.002.  WRITE-IN VOTING IN RUNOFF PROHIBITED.  Write-in voting is not permitted in a runoff election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 146 - Write-in Candidate › Subchapter B. Write-in Candidate in General Election for State and County Officers › Section 146.021. Applicability of Subchapter

Sec. 146.021.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies to a write-in candidate for an office that is to be voted on at the general election for state and county officers.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 146 - Write-in Candidate › Subchapter B. Write-in Candidate in General Election for State and County Officers › Section 146.022. Candidate's Name Required to Appear on List

Sec. 146.022.  CANDIDATE'S NAME REQUIRED TO APPEAR ON LIST.  A write-in vote may not be counted unless the name written in appears on the list of write-in candidates required by Section 146.031.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 146 - Write-in Candidate › Subchapter B. Write-in Candidate in General Election for State and County Officers › Section 146.023. Declaration of Write-in Candidacy Required

Sec. 146.023.  DECLARATION OF WRITE-IN CANDIDACY REQUIRED.  (a)  To be entitled to a place on the list of write-in candidates, a candidate must make a declaration of write-in candidacy.
(b)  A declaration of write-in candidacy must, in addition to satisfying the requirements prescribed by Section 141.031 for an application for a place on the ballot, be accompanied by the appropriate filing fee or, instead of the filing fee, a petition that satisfies the requirements prescribed by Subchapter C, Chapter 141.
(c)  A candidate may not file a declaration of write-in candidacy for more than one office.  If a person files more than one declaration of write-in candidacy in violation of this subsection, each declaration filed subsequent to the first one filed is invalid.
(d)  A declaration of write-in candidacy is public information immediately on its filing.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 170, Sec. 1, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 728, Sec. 58, eff. Sept. 1, 1993.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 146 - Write-in Candidate › Subchapter B. Write-in Candidate in General Election for State and County Officers › Section 146.0231. Filing Fee

Sec. 146.0231.  FILING FEE.  (a)  The filing fee for a write-in candidate is the amount prescribed by Section 172.024 for a candidate for nomination for the same office in a general primary election.
(b)  A filing fee received by the secretary of state shall be deposited in the state treasury to the credit of the general revenue fund.
(c)  A filing fee received by the county judge shall be deposited in the county treasury to the credit of the county general fund.
Added by Acts 1991, 72nd Leg., ch. 170, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 146 - Write-in Candidate › Subchapter B. Write-in Candidate in General Election for State and County Officers › Section 146.0232. Number of Petition Signatures Required

Sec. 146.0232.  NUMBER OF PETITION SIGNATURES REQUIRED.  The minimum number of signatures that must appear on the petition authorized by Section 146.023(b) is the number prescribed by Section 172.025 to appear on a petition of a candidate for nomination for the same office in a general primary election.
Added by Acts 1991, 72nd Leg., ch. 170, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 146 - Write-in Candidate › Subchapter B. Write-in Candidate in General Election for State and County Officers › Section 146.024. Authority With Whom Declaration Filed

Sec. 146.024.  AUTHORITY WITH WHOM DECLARATION FILED.  A declaration of write-in candidacy must be filed with:
(1)  the secretary of state, for a statewide or district office;  or
(2)  the county judge, for a county or precinct office.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 146 - Write-in Candidate › Subchapter B. Write-in Candidate in General Election for State and County Officers › Section 146.025. Filing Period

Sec. 146.025.  FILING PERIOD.  (a)  Except as otherwise provided by this code, a declaration of write-in candidacy:
(1)  must be filed not later than 5 p.m. of the 78th day before general election day; and
(2)  may not be filed earlier than the 30th day before the date described by Subdivision (1).
(b)  If a candidate whose name is to appear on the general election ballot dies or is declared ineligible after the third day before the date of the filing deadline prescribed by Subsection (a), a declaration of write-in candidacy for the office sought by the deceased or ineligible candidate may be filed not later than 5 p.m. of the 75th day before election day.
(c)  A declaration of write-in candidacy filed by mail is considered to be filed at the time of its receipt by the appropriate authority.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 472, Sec. 43, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 728, Sec. 59, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 1109 (H.B. 2339), Sec. 16, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 25, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 84 (S.B. 1703), Sec. 15, eff. September 1, 2015.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 146 - Write-in Candidate › Subchapter B. Write-in Candidate in General Election for State and County Officers › Section 146.026. Review of Declaration

Sec. 146.026.  REVIEW OF DECLARATION.  The authority with whom a declaration of write-in candidacy is filed shall review the declaration and take the appropriate action in the manner prescribed by Section 141.032 for the review of an application for a place on the ballot.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 146 - Write-in Candidate › Subchapter B. Write-in Candidate in General Election for State and County Officers › Section 146.027. Limitation on Challenge of Declaration

Sec. 146.027.  LIMITATION ON CHALLENGE OF DECLARATION.  A declaration of write-in candidacy may not be challenged for compliance with the applicable requirements after the 15th day before election day.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 146 - Write-in Candidate › Subchapter B. Write-in Candidate in General Election for State and County Officers › Section 146.028. Preservation of Declaration

Sec. 146.028.  PRESERVATION OF DECLARATION.  A declaration of write-in candidacy shall be preserved in the same manner as a candidate's application for a place on the ballot.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 146 - Write-in Candidate › Subchapter B. Write-in Candidate in General Election for State and County Officers › Section 146.029. Certification of Candidate for Placement on List of Write-in Candidates

Sec. 146.029.  CERTIFICATION OF CANDIDATE FOR PLACEMENT ON LIST OF WRITE-IN CANDIDATES.  (a)  Except as provided by Section 146.030, the authority with whom a declaration of write-in candidacy is required to be filed shall certify in writing for placement on the list of write-in candidates the name of each candidate who files with the authority a declaration that complies with Section 146.023(b).  If no name is to be certified, the authority shall certify that fact in writing.
(b)  Each name shall be certified in the form indicated on the candidate's declaration of write-in candidacy, subject to Subchapter B, Chapter 52.
(c)  Not later than the 68th day before election day, the certifying authority shall deliver the certification to the authority responsible for having the official ballot prepared in each county in which the office sought by the candidate is to be voted on.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 472, Sec. 43, eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 1109 (H.B. 2339), Sec. 17, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 26, eff. September 1, 2011.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 146 - Write-in Candidate › Subchapter B. Write-in Candidate in General Election for State and County Officers › Section 146.030. Candidate Not Certified

Sec. 146.030.  CANDIDATE NOT CERTIFIED.  A write-in candidate may not be certified for placement on the list of write-in candidates if:
(1)  the information on the candidate's declaration of write-in candidacy indicates that the candidate is ineligible for the office;
(2)  facts indicating that the candidate is ineligible are conclusively established by another public record;
(3)  the candidate is determined ineligible by a final judgment of a court;
(4)  the candidate's declaration of write-in candidacy is invalid for the office under Section 146.023(c);  or
(5)  the certifying authority learns that the candidate's name is to be omitted from the list under Section 146.0301.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 728, Sec. 60, eff. Sept. 1, 1993.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 146 - Write-in Candidate › Subchapter B. Write-in Candidate in General Election for State and County Officers › Section 146.0301. Withdrawal as Write-in Candidate

Sec. 146.0301.  WITHDRAWAL AS WRITE-IN CANDIDATE.
(a)  A write-in candidate may not withdraw from the election after the 71st day before election day.
(b)  To withdraw from the election, a write-in candidate must file a written withdrawal request, signed and acknowledged by the candidate, with the authority with whom the candidate's declaration of write-in candidacy is required to be filed.
(c)  A withdrawal request filed by mail is considered to be filed at the time of its receipt by the appropriate authority.
(d)  A candidate's name shall be omitted from the list of write-in candidates if the candidate withdraws on or before the 71st day before election day.
(e)  Not later than the day after the date the withdrawal request is received, the appropriate authority shall deliver a written notice of the withdrawal of any candidate previously certified under Section 146.029 to the same authority to whom the certification was delivered.
Added by Acts 1993, 73rd Leg., ch. 728, Sec. 61, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 1107 (H.B. 2309), Sec. 1.22, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1109 (H.B. 2339), Sec. 18, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1235 (S.B. 1970), Sec. 14, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 84 (S.B. 1703), Sec. 16, eff. September 1, 2015.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 146 - Write-in Candidate › Subchapter B. Write-in Candidate in General Election for State and County Officers › Section 146.031. List of Write-in Candidates

Sec. 146.031.  LIST OF WRITE-IN CANDIDATES.  (a)  The authority responsible for having the official ballot prepared shall prepare a list containing the name of each write-in candidate certified to the authority.  Each name must appear in the form in which it is certified.
(b)  A write-in candidate's name may not appear more than once on the list.
(c)  Copies of the list shall be distributed to the counting officers in the election for use in counting write-in votes.
(d)  Copies of the list shall be distributed to each presiding election judge with the other election supplies.  A copy of the list shall be posted in each polling place at each place where an instruction poster is required to be posted.
(e)  The authority responsible for having the official ballot prepared shall retain a copy of the list and preserve it for the period for preserving the precinct election records.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 728, Sec. 62, eff. Sept. 1, 1993.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 146 - Write-in Candidate › Subchapter B. Write-in Candidate in General Election for State and County Officers › Section 146.032. Official Declaration Form

Sec. 146.032.  OFFICIAL DECLARATION FORM.  An officially prescribed form for a declaration of write-in candidacy must include the elements required by Section 141.039 to be included in an official form for an application for a place on the ballot.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 146 - Write-in Candidate › Subchapter C. Write-in Candidate in City Election › Section 146.051. Candidate's Name Required to Appear on List

Sec. 146.051.  CANDIDATE'S NAME REQUIRED TO APPEAR ON LIST.  In an election for city officers, a write-in vote may not be counted unless the name written in appears on the list of write-in candidates.
Added by Acts 1991, 72nd Leg., ch. 363, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 2001, 77th Leg., ch. 215, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 146 - Write-in Candidate › Subchapter C. Write-in Candidate in City Election › Section 146.052. Declaration of Write-in Candidacy Required

Sec. 146.052.  DECLARATION OF WRITE-IN CANDIDACY REQUIRED.  To be entitled to a place on the list of write-in candidates, a candidate must make a declaration of write-in candidacy.
Added by Acts 1991, 72nd Leg., ch. 363, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 146 - Write-in Candidate › Subchapter C. Write-in Candidate in City Election › Section 146.053. Authority With Whom Declaration Filed

Sec. 146.053.  AUTHORITY WITH WHOM DECLARATION FILED.  A declaration of write-in candidacy must be filed with the authority with whom an application for a place on the ballot is required to be filed in the election.
Added by Acts 1991, 72nd Leg., ch. 363, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 146 - Write-in Candidate › Subchapter C. Write-in Candidate in City Election › Section 146.054. Filing Deadline

Sec. 146.054.  FILING DEADLINE.  (a)  Except as provided by Subsection (b), a declaration of write-in candidacy must be filed not later than 5 p.m. of the fifth day after the date an application for a place on the ballot is required to be filed.
(b)  For an election to be held on a uniform election date, the day of the filing deadline is the 74th day before election day.
(c)  A write-in candidate may not withdraw from the election after the 71st day before election day.
Added by Acts 1991, 72nd Leg., ch. 363, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 667, Sec. 2, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1349, Sec. 56, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 1109 (H.B. 2339), Sec. 19, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 27, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 84 (S.B. 1703), Sec. 17, eff. September 1, 2015.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 146 - Write-in Candidate › Subchapter C. Write-in Candidate in City Election › Section 146.055. Applicability of Other Code Provisions

Sec. 146.055.  APPLICABILITY OF OTHER CODE PROVISIONS.  Subchapter B applies to write-in voting in an election for city officers except to the extent of a conflict with this subchapter.
Added by Acts 1991, 72nd Leg., ch. 363, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 2001, 77th Leg., ch. 215, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 146 - Write-in Candidate › Subchapter D. Write-in Candidate in Special Election to Fill Vacancy in Legislature › Section 146.081. Candidate's Name Required to Appear on List

Sec. 146.081.  CANDIDATE'S NAME REQUIRED TO APPEAR ON LIST.  In a special election to fill a vacancy in the legislature, a write-in vote may not be counted unless the name written in appears on the list of write-in candidates.
Added by Acts 2001, 77th Leg., ch. 17, Sec. 3, eff. Jan. 1, 2002.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 146 - Write-in Candidate › Subchapter D. Write-in Candidate in Special Election to Fill Vacancy in Legislature › Section 146.082. Declaration of Write-in Candidacy Required

Sec. 146.082.  DECLARATION OF WRITE-IN CANDIDACY REQUIRED.  To be entitled to a place on the list of write-in candidates, a candidate must file a declaration of write-in candidacy with the secretary of state.
Added by Acts 2001, 77th Leg., ch. 17, Sec. 3, eff. Jan. 1, 2002.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 146 - Write-in Candidate › Subchapter D. Write-in Candidate in Special Election to Fill Vacancy in Legislature › Section 146.083. Filing Deadline

Sec. 146.083.  FILING DEADLINE.  A declaration of write-in candidacy must be filed not later than 5 p.m. on the date an application for a place on the ballot is required to be filed.  A write-in candidate may not withdraw from an election after 5 p.m. of the fifth day after the deadline for filing a declaration of write-in candidacy.
Added by Acts 2001, 77th Leg., ch. 17, Sec. 3, eff. Jan. 1, 2002.
Amended by:
Acts 2005, 79th Leg., Ch. 1107 (H.B. 2309), Sec. 1.23, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 84 (S.B. 1703), Sec. 18, eff. September 1, 2015.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 146 - Write-in Candidate › Subchapter D. Write-in Candidate in Special Election to Fill Vacancy in Legislature › Section 146.084. Applicability of Other Code Provisions

Sec. 146.084.  APPLICABILITY OF OTHER CODE PROVISIONS.  Subchapter B applies to write-in voting in a special election to fill a vacancy in the legislature except to the extent of a conflict with this subchapter.
Added by Acts 2001, 77th Leg., ch. 17, Sec. 3, eff. Jan. 1, 2002.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle A - Introductory Provisions › Chapter 161 - General Provisions › Section 161.001. Inherent Powers

Sec. 161.001.  INHERENT POWERS.  A political party retains all of its inherent powers except as limited by this code.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle A - Introductory Provisions › Chapter 161 - General Provisions › Section 161.002. Party Name

Sec. 161.002.  PARTY NAME.  (a)  The name of a political party as printed on the ballot for an election may not consist of more than three words.
(b)  A party may not select for its name a name previously assumed by another existing party.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle A - Introductory Provisions › Chapter 161 - General Provisions › Section 161.003. Methods of Making Nominations

Sec. 161.003.  METHODS OF MAKING NOMINATIONS.  A political party may make nominations for public office only by the methods provided by this code.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle A - Introductory Provisions › Chapter 161 - General Provisions › Section 161.004. Party Document as Public Information

Sec. 161.004.  PARTY DOCUMENT AS PUBLIC INFORMATION.  If a document, record, or other paper is expressly required by this title to be filed, prepared, or preserved, it is public information unless this title provides otherwise.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle A - Introductory Provisions › Chapter 161 - General Provisions › Section 161.005. Eligibility for Party Offices Generally

Sec. 161.005.  ELIGIBILITY FOR PARTY OFFICES GENERALLY.  (a)  To be eligible to be a candidate for or to serve as an officer of a political party, a person must:
(1)   except as provided by Subsection (c), not be a candidate for nomination or election to, or be the holder of, an elective office of the federal, state, or county government; and
(2)  if the office is a county or precinct chair of a political party, be a qualified voter of the county.
(a-1)  For purposes of this section, the following are officers of a political party:
(1)  a precinct chair;
(2)  a county chair; and
(3)  a member, a chair, or a vice chair of a state executive committee of a political party.
(b)  For purposes of this section, a person becomes a candidate at the earliest time at which one of the following occurs:
(1)  the person files:
(A)  a declaration of intent to run as an independent candidate;
(B)  an application for a place on a primary or general election ballot or for nomination by a convention;  or
(C)  a declaration of write-in candidacy;  or
(2)  the person is nominated by a convention or executive committee.
(c)  A candidate for nomination or election to, or the holder of, an elective office of the federal, state, or county government is eligible to serve as an officer of a political party to which Chapter 181 applies.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 105, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 576 (S.B. 817), Sec. 1, eff. June 14, 2013.
Acts 2021, 87th Leg., R.S., Ch. 810 (H.B. 1987), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle A - Introductory Provisions › Chapter 161 - General Provisions › Section 161.006. Holding Precinct Convention of More Than One Party in Same Building

Sec. 161.006.  HOLDING PRECINCT CONVENTION OF MORE THAN ONE PARTY IN SAME BUILDING.  A political party may not hold a precinct convention in the same building in which another party is holding a precinct convention on the same day unless:
(1)  the rooms in which the conventions are held are separated so that communication from one room to the other is precluded;  and
(2)  a sign in bold print identifying the party holding the convention is posted at the entrance to each room.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 1349, Sec. 57, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1350, Sec. 7, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle A - Introductory Provisions › Chapter 161 - General Provisions › Section 161.007. Unlawfully Prohibiting Employee From Attending Political Convention

Sec. 161.007.  UNLAWFULLY PROHIBITING EMPLOYEE FROM ATTENDING POLITICAL CONVENTION.  (a)  A person commits an offense if, with respect to another over whom the person has authority in the scope of employment, the person knowingly:
(1)  refuses to permit the other person to be absent from work for the purpose of attending a precinct convention in which the other person is eligible to participate or attending a county, district, or state convention to which the other person is a delegate;  or
(2)  subjects or threatens to subject the other person to a penalty for the purpose of preventing or retaliating for the other person's attendance at a precinct convention in which the other person is eligible to participate or for the other person's attendance at a county, district, or state convention to which the other person is a delegate.
(b)  In this section, "penalty" means a loss or reduction of wages or other benefit of employment other than a deduction for the actual time of absence from work.
(c)  An offense under this section is a Class C misdemeanor.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 106, eff. Sept. 1, 1997.