reglab/statecodes huggingface dataset:
2023 Texas Statutes › Election Code › Title 11 - Presidential Elections › Chapter 192 - Presidential Electors and Candidates › Subchapter A. Presidential Electors › Section 192.009. Replacement Nominee

Sec. 192.009.  REPLACEMENT NOMINEE.  An elector shall consider a replacement candidate certified under Subchapter C to be the presidential or vice-presidential candidate for whom the elector is the corresponding presidential elector candidate.
Added by Acts 2023, 88th Leg., R.S., Ch. 998 (H.B. 87), Sec. 3, eff. June 18, 2023.
2023 Texas Statutes › Election Code › Title 11 - Presidential Elections › Chapter 192 - Presidential Electors and Candidates › Subchapter B. Presidential and Vice-Presidential Candidates › Section 192.031. Party Candidate's Entitlement to Place on Ballot

Sec. 192.031.  PARTY CANDIDATE'S ENTITLEMENT TO PLACE ON BALLOT.  (a)  A political party is entitled to have the names of its nominees for president and vice-president of the United States placed on the ballot in a presidential general election if:
(1)  the nominees possess the qualifications for those offices prescribed by federal law;
(2)  the party's state chair signs a written certification of:
(A)  the names of the party's nominees for president and vice-president; and
(B)  the names and residence addresses of presidential elector candidates nominated by the party, in a number equal to the number of presidential electors that federal law allocates to this state;
(3)  the party's state chair delivers the written certification to the secretary of state before the later of:
(A)  5 p.m. of the 71st day before presidential election day; or
(B)  5 p.m. of the first business day after the date of final adjournment of the party's national presidential nominating convention; and
(4)  the party is:
(A)  required or authorized by Subchapter A of Chapter 172 to make its nominations by primary election; or
(B)  entitled to have the names of its nominees placed on the general election ballot under Chapter 181.
(b)  If the state chair's certification of the party's nominees is delivered by mail, it is considered to be delivered at the time of its receipt by the secretary of state.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 203, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 1109 (H.B. 2339), Sec. 21, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 355 (H.B. 1193), Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1235 (S.B. 1970), Sec. 17, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 84 (S.B. 1703), Sec. 24, eff. September 1, 2015.
2023 Texas Statutes › Election Code › Title 11 - Presidential Elections › Chapter 192 - Presidential Electors and Candidates › Subchapter B. Presidential and Vice-Presidential Candidates › Section 192.032. Independent Candidate's Entitlement to Place on Ballot

Sec. 192.032.  INDEPENDENT CANDIDATE'S ENTITLEMENT TO PLACE ON BALLOT.  (a)  To be entitled to a place on the general election ballot, an independent candidate for president of the United States must make an application for a place on the ballot.
(b)  An application must:
(1)  comply with  Section 141.031, except that:
(A)  the application is not required to include a candidate's occupation, length of residence, or statement that the candidate is aware of the nepotism law; and
(B)  the application must contain the applicable information required by Section 141.031(a)(4) with respect to both the presidential candidate and the running mate;
(2)  state the names and residence addresses of presidential elector candidates in a number equal to the number of presidential electors that federal law allocates to the state; and
(3)  be accompanied by:
(A)  a petition that satisfies the requirements prescribed by Section 141.062; and
(B)  written statements signed by the vice-presidential candidate and each of the presidential elector candidates indicating that each of them consents to be a candidate.
(c)  The application must be filed with the secretary of state not later than the second Monday in May of the presidential election year.
(d)  The minimum number of signatures that must appear on the petition is one percent of the total vote received in the state by all candidates for president in the most recent presidential general election.
(e)  A petition signer's voter registration is not required to be in any particular territory.
(f)  The following statement must appear at the top of each page of the petition:  "I did not vote this year in a presidential primary election."
(g)  A signature on the petition is invalid if the signer:
(1)  signs the petition on or before the date of the presidential primary election in the presidential election year;  or
(2)  voted in a presidential primary election during the presidential election year.
(h)  A candidate in a presidential primary election is ineligible to be an independent candidate for president or vice-president of the United States in the succeeding general election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 27, eff. Sept. 1, 1987;  Acts 1987, 70th Leg., ch. 427, Sec. 7, eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 614 (H.B. 417), Sec. 32, eff. September 1, 2007.
2023 Texas Statutes › Election Code › Title 11 - Presidential Elections › Chapter 192 - Presidential Electors and Candidates › Subchapter B. Presidential and Vice-Presidential Candidates › Section 192.033. Certification of Candidates for Placement on Ballot

Sec. 192.033.  CERTIFICATION OF CANDIDATES FOR PLACEMENT ON BALLOT.  (a)  Except as provided by Subsection (c), the secretary of state shall certify in writing for placement on the general election ballot the names of the candidates for president and vice-president who are entitled to have their names placed on the ballot.
(b)  The secretary of state shall deliver the certification to the authority responsible for having the official ballot prepared in each county before the later of the 68th day before presidential election day or the second business day after the date of final adjournment of the party's national presidential nominating convention.
(c)  A candidate's name may not be certified if, before delivering the certification, the secretary of state learns that the name is to be omitted from the ballot under Subchapter C.
(d)  In conjunction with the certification required under Subsection (a), the secretary of state shall include appropriate ballot translation language, as applicable, for each language certified statewide or in a specific county by the director of the census under the federal Voting Rights Act (52 U.S.C. Section 10503).
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2005, 79th Leg., Ch. 1109 (H.B. 2339), Sec. 22, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 355 (H.B. 1193), Sec. 2, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1235 (S.B. 1970), Sec. 18, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1014 (H.B. 2477), Sec. 3, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 38, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 86, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 11 - Presidential Elections › Chapter 192 - Presidential Electors and Candidates › Subchapter B. Presidential and Vice-Presidential Candidates › Section 192.034. Listing Candidates on Ballot

Sec. 192.034.  LISTING CANDIDATES ON BALLOT.  (a)  The names of a presidential candidate and the candidate's running mate shall be placed on the ballot as one race.
(b)  The names of presidential elector candidates may not be placed on the ballot.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 11 - Presidential Elections › Chapter 192 - Presidential Electors and Candidates › Subchapter B. Presidential and Vice-Presidential Candidates › Section 192.035. Vote for Candidate Counts for Corresponding Electors

Sec. 192.035.  VOTE FOR CANDIDATE COUNTS FOR CORRESPONDING ELECTORS.  A vote for a presidential candidate and the candidate's running mate shall be counted as a vote for the corresponding presidential elector candidates.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 11 - Presidential Elections › Chapter 192 - Presidential Electors and Candidates › Subchapter B. Presidential and Vice-Presidential Candidates › Section 192.036. Write-in Candidate

Sec. 192.036.  WRITE-IN CANDIDATE.  (a)  With respect to a write-in candidacy for the office of president of the United States, this section supersedes Subchapter B, Chapter 146, to the extent of any conflict.
(b)  A declaration of write-in candidacy for president must satisfy the requirements prescribed by Section 192.032(b) for an independent presidential candidate's application for a place on the ballot, except that a petition is not required.
(c)  The certification for placement on the list of write-in candidates must include the names of both the presidential candidate and the vice-presidential candidate.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 11 - Presidential Elections › Chapter 192 - Presidential Electors and Candidates › Subchapter B. Presidential and Vice-Presidential Candidates › Section 192.037. Rules for Counting Votes Not Cast for Both Candidates

Sec. 192.037.  RULES FOR COUNTING VOTES NOT CAST FOR BOTH CANDIDATES.  (a)  If a voter writes in the name of a write-in candidate for president or vice-president but does not write in a name for a running mate, the vote shall be counted as a vote for the candidate and the candidate's running mate.
(b)  A vote shall be counted for both candidates of a set of candidates for president and vice-president if:
(1)  the ballot is marked to indicate that the voter is voting for one of the two candidates;
(2)  the ballot is marked to indicate that the voter is not voting for the other candidate in the set;  and
(3)  the voter has not:
(A)  indicated a vote for a presidential or vice-presidential candidate of another set;  or
(B)  written in the name of a person for whom the voter desires to vote instead of the candidate for whom the voter is not voting under Subdivision (2).
(c)  The secretary of state shall prescribe guidelines consistent with this code to assist counting officers in counting ballots in which the presidential race is irregularly marked.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 204, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 11 - Presidential Elections › Chapter 192 - Presidential Electors and Candidates › Subchapter C. Withdrawal, Death, and Ineligibility of Presidential and Vice-Presidential Candidates; Certification of Inability to Serve › Section 192.061. Withdrawal, Death, or Ineligibility Generally

Sec. 192.061.  WITHDRAWAL, DEATH, OR INELIGIBILITY GENERALLY.  With respect to withdrawal, death, or ineligibility of a presidential or vice-presidential candidate in a general election, this subchapter supersedes Subchapter A, Chapter 145, to the extent of any conflict.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 11 - Presidential Elections › Chapter 192 - Presidential Electors and Candidates › Subchapter C. Withdrawal, Death, and Ineligibility of Presidential and Vice-Presidential Candidates; Certification of Inability to Serve › Section 192.062. Presidential or Vice-Presidential Party Nominee

Sec. 192.062.  PRESIDENTIAL OR VICE-PRESIDENTIAL PARTY NOMINEE.  (a)  The secretary of state shall certify in writing the name of a political party's replacement nominee for president or vice-president of the United States as follows:
(1)  for placement on the ballot for an original nominee who withdraws, dies, or is declared ineligible on or before the 74th day before presidential election day if the party's state chair delivers certification of the replacement nominee's name, signed by the state chair, to the secretary of state not later than 5 p.m. of the 71st day before presidential election day; or
(2)  to the nominating party's presidential elector candidates for an original nominee who withdraws, dies, or is declared ineligible after the 74th day before presidential election day if the party's state chair delivers certification of the replacement nominee's name, signed by the state chair, to the secretary of state not later than 2 p.m. on the Monday after the second Wednesday in December of a presidential election year.
(b)  If the state chair's certification of a replacement nominee is delivered by mail, it is considered to be delivered at the time of its receipt by the secretary of state.
(c)  The name of a nominee who has withdrawn, died, or been declared ineligible shall be omitted from the ballot and the name of the replacement nominee placed on the ballot if a replacement nominee is certified for placement on the ballot as provided by this section.  Otherwise, the withdrawn, deceased, or ineligible nominee's name shall be placed on the ballot.
(d)  A vote for a withdrawn, deceased, or ineligible nominee whose name appears on the ballot shall be counted as a vote for the nominating political party's presidential elector candidates.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 205, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 1109 (H.B. 2339), Sec. 23, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 84 (S.B. 1703), Sec. 25, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 998 (H.B. 87), Sec. 5, eff. June 18, 2023.
2023 Texas Statutes › Election Code › Title 11 - Presidential Elections › Chapter 192 - Presidential Electors and Candidates › Subchapter C. Withdrawal, Death, and Ineligibility of Presidential and Vice-Presidential Candidates; Certification of Inability to Serve › Section 192.063. Independent Presidential Candidate

Sec. 192.063.  INDEPENDENT PRESIDENTIAL CANDIDATE.  (a)  The name of an independent presidential candidate and the name of the candidate's running mate shall be omitted from the ballot if the presidential candidate withdraws, dies, or is declared ineligible on or before the 74th day before presidential election day.
(b)  A vote for an independent presidential candidate who has withdrawn, died, or been declared ineligible may not be counted.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2005, 79th Leg., Ch. 1109 (H.B. 2339), Sec. 24, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 11 - Presidential Elections › Chapter 192 - Presidential Electors and Candidates › Subchapter C. Withdrawal, Death, and Ineligibility of Presidential and Vice-Presidential Candidates; Certification of Inability to Serve › Section 192.064. Independent Vice-Presidential Candidate

Sec. 192.064.  INDEPENDENT VICE-PRESIDENTIAL CANDIDATE.  (a)  The secretary of state shall certify in writing the name of a replacement vice-presidential running mate for an independent candidate for president of the United States as follows:
(1)  for placement on the ballot for an original running mate who withdraws, dies, or is declared ineligible on or before the 74th day before presidential election day if the independent presidential candidate delivers certification of the replacement running mate's name, signed by the presidential candidate, to the secretary of state not later than 5 p.m. of the 71st day before presidential election day; or
(2)  to the presidential candidate's corresponding presidential elector candidates for an original running mate who withdraws, dies, or is declared ineligible after the 74th day before presidential election day if the independent presidential candidate delivers certification of the replacement running mate's name, signed by the presidential candidate, to the secretary of state not later than 2 p.m. on the Monday after the second Wednesday in December of a presidential election year.
(b)  If the presidential candidate's certification of a replacement running mate is delivered by mail, it is considered to be delivered at the time of its receipt by the secretary of state.
(c)  The name of a vice-presidential candidate who has withdrawn, died, or been declared ineligible shall be omitted from the ballot and the name of the replacement candidate placed on the ballot if a replacement candidate is certified for placement on the ballot as provided by this section.  Otherwise, the withdrawn, deceased, or ineligible candidate's name shall be placed on the ballot.
(d)  The fact that the name of an independent vice-presidential candidate who has withdrawn, died, or been declared ineligible is placed on the ballot does not affect the counting of votes for the candidate's running mate.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2005, 79th Leg., Ch. 1109 (H.B. 2339), Sec. 25, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 84 (S.B. 1703), Sec. 26, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 998 (H.B. 87), Sec. 6, eff. June 18, 2023.
2023 Texas Statutes › Election Code › Title 11 - Presidential Elections › Chapter 192 - Presidential Electors and Candidates › Subchapter C. Withdrawal, Death, and Ineligibility of Presidential and Vice-Presidential Candidates; Certification of Inability to Serve › Section 192.065. Certification of Winning Candidate's Inability to Serve; Affirmation or Denial by Electors

Sec. 192.065.  CERTIFICATION OF WINNING CANDIDATE'S INABILITY TO SERVE; AFFIRMATION OR DENIAL BY ELECTORS.  (a)  The secretary of state shall certify on the seventh day before the meeting of electors that a candidate for president or vice president who received the most votes in this state in the general presidential election is willing and able to serve in the position for which the candidate was elected, unless the secretary of state has received a written certification from one of the following individuals, in order of precedence, that the candidate is unable or unwilling to serve:
(1)  the candidate;
(2)  the executive director of the candidate's campaign; or
(3)  the candidate's spouse or, if the candidate does not have a surviving spouse, the person to whom the candidate's estate would descend under Section 201.001, Estates Code.
(b)  Upon receipt of a certification under Subsection (a), the secretary of state shall notify the party of the candidate who submitted the certification and post the certification on the secretary of state's Internet website.
(c)  The secretary of state may promulgate a form for a certification under this section of inability or unwillingness to serve.
(d)  If before the meeting of electors the secretary of state receives a certification under Subsection (a) that a candidate is unwilling or unable to serve, the electors shall first vote on the issue of whether that candidate is willing and able to serve in the position for which the candidate was elected. If a majority of electors vote that the candidate is not willing or able to serve in the position for which the candidate was elected, Sections 192.102, 192.103(b), 192.103(d), and 192.104(d) and (e) do not apply to that meeting of electors with respect to that candidate.
Added by Acts 2023, 88th Leg., R.S., Ch. 998 (H.B. 87), Sec. 7, eff. June 18, 2023.
2023 Texas Statutes › Election Code › Title 11 - Presidential Elections › Chapter 192 - Presidential Electors and Candidates › Subchapter D. Required Action by Presidential Electors; Replacement of Elector › Section 192.101. Designation of State's Electors

Sec. 192.101.  DESIGNATION OF STATE'S ELECTORS.  Each elector position in this state must be nominated in accordance with political party rules or by an independent or write-in presidential candidate, as applicable.  Except as otherwise provided in Sections 192.006, 192.103, and 192.104, this state's electors are the winning elector nominees under the laws of this state.
Added by Acts 2023, 88th Leg., R.S., Ch. 998 (H.B. 87), Sec. 8, eff. June 18, 2023.
2023 Texas Statutes › Election Code › Title 11 - Presidential Elections › Chapter 192 - Presidential Electors and Candidates › Subchapter D. Required Action by Presidential Electors; Replacement of Elector › Section 192.102. Oath

Sec. 192.102.  OATH.  (a)  Not later than the seventh day before the meeting of electors, each elector nominee and alternate elector nominee of a political party shall execute the following oath: "If selected for the position of elector, I swear to serve and to mark my ballots for president and vice president for the nominees for those offices of the party that nominated me."
(b)  Not later than the sixth day before the meeting of electors, each elector nominee and alternate elector nominee of an independent presidential candidate shall execute the following oath: "If selected for the position of elector as a nominee of an independent presidential candidate, I swear to serve and to mark my ballots for that candidate and for that candidate's vice-presidential running mate."
(c)  The executed oaths must accompany the submission of the corresponding names to the secretary of state.
Added by Acts 2023, 88th Leg., R.S., Ch. 998 (H.B. 87), Sec. 8, eff. June 18, 2023.
2023 Texas Statutes › Election Code › Title 11 - Presidential Elections › Chapter 192 - Presidential Electors and Candidates › Subchapter D. Required Action by Presidential Electors; Replacement of Elector › Section 192.103. Presiding Officer; Elector Vacancy

Sec. 192.103.  PRESIDING OFFICER; ELECTOR VACANCY.  (a)  The secretary of state shall preside at the meeting of electors described in Section 192.104.
(b)  The position of an elector is vacant if the elector has failed to execute the oath under Section 192.102.
(c)  The secretary of state shall fill a vacancy with a substitute elector nominated in accordance with political party rules or named by an independent or write-in candidate for president, as applicable.  A substitute elector who is filling the position of an elector is considered an elector for purposes of this chapter.  If a person's position as elector is determined to be vacant, the person may not serve as a substitute elector with respect to that meeting of electors.
(d)  To qualify as a substitute elector under Subsection (c), an individual who has not executed the oath required under Section 192.102 shall execute the following oath: "I swear to serve and to mark my ballots for president and vice president consistent with the oath of the individual to whose elector position I have succeeded."
Added by Acts 2023, 88th Leg., R.S., Ch. 998 (H.B. 87), Sec. 8, eff. June 18, 2023.
2023 Texas Statutes › Election Code › Title 11 - Presidential Elections › Chapter 192 - Presidential Electors and Candidates › Subchapter D. Required Action by Presidential Electors; Replacement of Elector › Section 192.104. Elector Voting

Sec. 192.104.  ELECTOR VOTING.  (a)  At the time designated for elector voting and after all vacant positions have been filled, the secretary of state shall provide each elector with a presidential and a vice-presidential ballot. The elector shall mark the elector's presidential and vice-presidential ballots with the elector's votes for the offices of president and vice president, respectively, along with the elector's signature and the elector's legibly printed name.
(b)  Except as otherwise provided by law of this state other than this subchapter, each elector shall present both completed ballots to the secretary of state.  The secretary of state shall examine the ballots and read each vote publicly.
(c)  The secretary of state shall accept as cast all ballots of electors whose votes are consistent with their oaths executed under Section 192.102 or 192.103(d).  Except as otherwise provided by law, the secretary of state may not accept and may not count either an elector's presidential or vice-presidential ballot if the elector has not marked both ballots or has marked a ballot in violation of the elector's oath.
(d)  An elector who refuses to present a ballot, presents an unmarked ballot, or presents a ballot marked in violation of the elector's oath executed under Section 192.102 or 192.103(d) vacates the office of elector, creating a vacant position to be filled under Section 192.103.
(e)  The secretary of state shall distribute ballots to and collect ballots from each elector and repeat the process under this section of examining ballots, publicly reading the votes, declaring and filling vacant positions as required, and recording appropriately completed ballots from the substituted electors, until all of this state's electoral votes have been cast and recorded.
Added by Acts 2023, 88th Leg., R.S., Ch. 998 (H.B. 87), Sec. 8, eff. June 18, 2023.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 201 - Determination of and Election to Fill Vacancy › Subchapter A. Resigning or Declining Office › Section 201.001. Resigning or Declining Office

Sec. 201.001.  RESIGNING OR DECLINING OFFICE.  (a)  To be effective, a public officer's resignation or an officer-elect's declination must be in writing and signed by the officer or officer-elect and delivered to the appropriate authority for acting on the resignation or declination.  The authority may not refuse to accept a resignation.
(b)  If the authority to act on a resignation or declination is a body, the resignation or declination may be delivered to the presiding officer of the body or to its clerk or secretary.
(c)  An officer-elect who intends to qualify for the office but desires to resign at a subsequent date may submit a resignation in the same manner as an officer who has assumed office, and the vacancy may be filled in the same manner as if the resignation had been submitted after the officer-elect assumed office.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 1187, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 201 - Determination of and Election to Fill Vacancy › Subchapter A. Resigning or Declining Office › Section 201.002. Authority to Act on Resignation or Declination

Sec. 201.002.  AUTHORITY TO ACT ON RESIGNATION OR DECLINATION.  Unless otherwise provided by law, the authority to act on a public officer's resignation or an officer-elect's declination is the officer or body authorized to make an appointment or order a special election to fill a vacancy in the office.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 201 - Determination of and Election to Fill Vacancy › Subchapter B. Time Vacancy Occurs › Section 201.021. Time Vacancy Occurs Generally

Sec. 201.021.  TIME VACANCY OCCURS GENERALLY.  For purposes of this title, a vacancy in office occurs at the time prescribed by this subchapter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 201 - Determination of and Election to Fill Vacancy › Subchapter B. Time Vacancy Occurs › Section 201.022. Death

Sec. 201.022.  DEATH.  If an officer or officer-elect dies, a vacancy occurs on the date of death.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 201 - Determination of and Election to Fill Vacancy › Subchapter B. Time Vacancy Occurs › Section 201.023. Resignation

Sec. 201.023.  RESIGNATION.  If an officer submits a resignation, whether to be effective immediately or at a future date, a vacancy occurs on the date the resignation is accepted by the appropriate authority or on the eighth day after the date of its receipt by the authority, whichever is earlier.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 1187, Sec. 2, eff. Sept. 1, 1989.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 201 - Determination of and Election to Fill Vacancy › Subchapter B. Time Vacancy Occurs › Section 201.024. Removal

Sec. 201.024.  REMOVAL.  If an officer is removed from office by a court or other tribunal, a vacancy occurs on the date the judgment becomes final.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 201 - Determination of and Election to Fill Vacancy › Subchapter B. Time Vacancy Occurs › Section 201.025. Acceptance of Another Office

Sec. 201.025.  ACCEPTANCE OF ANOTHER OFFICE.  If an officer accepts another office and the two offices may not lawfully be held simultaneously, a vacancy in the first office occurs on the date the person qualifies for the other office.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 201 - Determination of and Election to Fill Vacancy › Subchapter B. Time Vacancy Occurs › Section 201.026. Declaration of Ineligibility

Sec. 201.026.  DECLARATION OF INELIGIBILITY.  (a)  If an officer or officer-elect is declared ineligible to hold the office by a judgment of a court or other tribunal, a vacancy occurs on the date the judgment becomes final.
(b)  If an officer or officer-elect is declared ineligible to hold the office by an administrative authority, a vacancy occurs on the date the declaration is made.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 201 - Determination of and Election to Fill Vacancy › Subchapter B. Time Vacancy Occurs › Section 201.027. New Office

Sec. 201.027.  NEW OFFICE.  If a new office is created, a vacancy occurs on the effective date of the Act of the legislature creating the office or on the date the order creating the office is adopted.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 728, Sec. 71, eff. Sept. 1, 1993.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 201 - Determination of and Election to Fill Vacancy › Subchapter B. Time Vacancy Occurs › Section 201.028. Deceased or Ineligible Candidate Receiving Vote Required for Election

Sec. 201.028.  DECEASED OR INELIGIBLE CANDIDATE RECEIVING VOTE REQUIRED FOR ELECTION.  If a deceased or ineligible candidate receives the vote required for election to an office, a vacancy occurs on the date the final canvass of the election is completed.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 201 - Determination of and Election to Fill Vacancy › Subchapter B. Time Vacancy Occurs › Section 201.029. Declination of Officer-Elect

Sec. 201.029.  DECLINATION OF OFFICER-ELECT.  If an officer-elect declines to qualify for the office before assuming office for the term for which elected, a vacancy in the term occurs on the date the declination is delivered to the appropriate authority.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 201 - Determination of and Election to Fill Vacancy › Subchapter B. Time Vacancy Occurs › Section 201.030. Vacancy Resulting From Recall Election

Sec. 201.030.  VACANCY RESULTING FROM RECALL ELECTION.  For cities conducting recall elections, a vacancy in the officer's office occurs on the date of the final canvass of a successful recall election.
Added by Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 87, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 201 - Determination of and Election to Fill Vacancy › Subchapter C. Special Election to Fill Vacancy Generally › Section 201.051. Time for Ordering Election

Sec. 201.051.  TIME FOR ORDERING ELECTION.  (a)  If a vacancy in office is to be filled by special election, the election shall be ordered as soon as practicable after the vacancy occurs, subject to Subsection (b).
(b)  For a vacancy to be filled by a special election to be held on the date of the general election for state and county officers, the election shall be ordered not later than the 78th 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. 26, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 39, eff. September 1, 2011.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 201 - Determination of and Election to Fill Vacancy › Subchapter C. Special Election to Fill Vacancy Generally › Section 201.052. Date of Election

Sec. 201.052.  DATE OF ELECTION.  (a)  Except as otherwise provided by this code, a special election to fill a vacancy shall be held on the first authorized uniform election date occurring on or after the 46th day after the date the election is ordered.
(b)  If a law outside this code authorizes the holding of the election on a date earlier than the 46th day after the date of the order, the election shall be held on the first authorized uniform election date occurring on or after the earliest date that the election could be held under that law.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1178 (S.B. 910), Sec. 18, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 84 (S.B. 1703), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 201 - Determination of and Election to Fill Vacancy › Subchapter C. Special Election to Fill Vacancy Generally › Section 201.053. Unexpired Term and Full Term Filled Simultaneously

Sec. 201.053.  UNEXPIRED TERM AND FULL TERM FILLED SIMULTANEOUSLY.  (a)  If, after the general election for an office for which a vacancy is filled by special election but before the succeeding full term begins, a vacancy occurs in both the unexpired portion of the current term and in the succeeding full term that was filled at the general election, the special election shall be ordered to fill only the full term.
(b)  If any portion of the unexpired current term remains after the date the final canvass of the special election for the full term is completed, the person elected to the full term, if eligible to hold the unexpired current term, is considered to be elected to the remainder of the unexpired current term also and is entitled to qualify and assume office for the unexpired current term and the succeeding full term immediately on receiving a certificate of election.  The certificate must recite that it is for both the unexpired current term and the full term.
(c)  After qualifying for the unexpired current term, the person is not required to qualify again for the full term.  If a bond is required, the amount of the bond for the unexpired current term and the full term is the same as for the full term.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Renumbered from Election Code Sec. 201.054 by Acts 1991, 72nd Leg., ch. 389, Sec. 4, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 201 - Determination of and Election to Fill Vacancy › Subchapter C. Special Election to Fill Vacancy Generally › Section 201.054. Filing Period for Application for Place on Ballot

Sec. 201.054.  FILING PERIOD FOR APPLICATION FOR PLACE ON BALLOT.
(a)  Except as provided by Subsection (f), a candidate's application for a place on a special election ballot must be filed not later than:
(1)  5 p.m. of the 62nd day before election day, if election day is on or after the 70th day after the date the election is ordered; or
(2)  5 p.m. of the 40th day before election day, if election day is on or after the 46th day and before the 70th day after the date the election is ordered.
(b)  If a special election is to be held as an emergency election and a law outside this code prescribes a filing deadline, that deadline applies.
(c)  The election order must state the filing deadline.
(d)  An application may not be filed before the election is ordered.
(e)  An application filed by mail is considered to be filed at the time of its receipt by the appropriate authority.
(f)  For a special election to be held on the date of the general election for state and county officers, the filing deadline is 6 p.m. of the 75th day before election day.
(g)  A declaration of write-in candidacy for a special election must be filed not later than the filing deadline prescribed by this section.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Renumbered from Election Code Sec. 201.055 by Acts 1991, 72nd Leg., ch. 389, Sec. 4, eff. Sept. 1, 1991.
Amended by:
Acts 2005, 79th Leg., Ch. 1109 (H.B. 2339), Sec. 27, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1235 (S.B. 1970), Sec. 19, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 40, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1178 (S.B. 910), Sec. 19, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 84 (S.B. 1703), Sec. 28, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 476 (H.B. 2323), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 202 - Vacancy in Office of State or County Government › Section 202.001. Applicability of Chapter

Sec. 202.001.  APPLICABILITY OF CHAPTER.  This chapter applies to elective offices of the state and county governments except the offices of state senator and state representative.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 202 - Vacancy in Office of State or County Government › Section 202.002. Vacancy Filled at General Election

Sec. 202.002.  VACANCY FILLED AT GENERAL ELECTION.  (a)  If a vacancy occurs on or before the 74th day before the general election for state and county officers held in the next-to-last even-numbered year of a term of office, the remainder of the unexpired term shall be filled at the next general election for state and county officers, as provided by this chapter.
(b)  If a vacancy occurs after the 74th day before a general election day, an election for the unexpired term may not be held at that general election. The appointment to fill the vacancy continues until the next succeeding general election and until a successor has been elected and has qualified for the office.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2005, 79th Leg., Ch. 1109 (H.B. 2339), Sec. 28, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 202 - Vacancy in Office of State or County Government › Section 202.003. New Office

Sec. 202.003.  NEW OFFICE.  (a)  Subject to Subsection (b), an election for the first full term of an office for which no previous election has been held is governed by the same provisions as an election for the remainder of an unexpired term, and for that purpose, references in this chapter to an unexpired term include a full term in the case of those offices.
(b)  If an Act of the legislature creating an office prescribes a date of creation that is later than the effective date of the Act, and if an authority authorized to create the office at an earlier date has not done so, the office shall appear on the ballot as follows:
(1)  if the date of creation occurs in an even-numbered year, the office appears on the ballot in that even-numbered year;
(2)  if the date of creation occurs on or before March 1 of an odd-numbered year, the office appears on the ballot in the preceding even-numbered year;  and
(3)  if the date of creation occurs after March 1 of an odd-numbered year, the office appears on the ballot in the subsequent even-numbered year.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 728, Sec. 72, eff. Sept. 1, 1993.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 202 - Vacancy in Office of State or County Government › Section 202.004. Nomination by Primary Election

Sec. 202.004.  NOMINATION BY PRIMARY ELECTION.  (a)  A political party's nominee for an unexpired term must be nominated by primary election if:
(1)  the political party is making nominations by primary election for the general election in which the vacancy is to be filled; and
(2)  the vacancy occurs on or before the fifth day before the date of the regular deadline for candidates to file applications for a place on the general primary ballot.
(b)  If the vacancy occurs on or before the 10th day before the date of the regular deadline for candidates to file applications for a place on the general primary ballot, an application for the unexpired term must be filed by the regular filing deadline.
(c)  If the vacancy occurs after the 10th day before the date of the regular filing deadline, an application for the unexpired term must be filed not later than 6 p.m. of the fifth day after the date of the regular filing deadline.
(d)  The filing fee or petition requirements for a candidate for an unexpired term are the same as for a candidate for a full term.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 28, eff. Sept. 1, 1987.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 589 (S.B. 904), Sec. 7, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1178 (S.B. 910), Sec. 20, eff. September 1, 2013.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 202 - Vacancy in Office of State or County Government › Section 202.005. Nomination by Convention

Sec. 202.005.  NOMINATION BY CONVENTION.  A political party's nominee for an unexpired term must be nominated by the appropriate party convention if:
(1)  the political party is making nominations by convention for the general election in which the vacancy is to be filled;  and
(2)  the vacancy occurs on or before the fourth day before the date the convention convenes.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 202 - Vacancy in Office of State or County Government › Section 202.006. Nomination by Executive Committee

Sec. 202.006.  NOMINATION BY EXECUTIVE COMMITTEE.  (a)  A political party's state, district, county, or precinct executive committee, as appropriate for the particular office, may nominate a candidate for the unexpired term if:
(1)  in the case of a party holding a primary election, the vacancy occurs after the fifth day before the date of the regular deadline for candidates to file applications for a place on the ballot for the general primary election; or
(2)  in the case of a party nominating by convention, the vacancy occurs after the fourth day before the date the convention having the power to make a nomination for the office convenes.
(b)  The nominating procedure for an unexpired term under this section is the same as that provided by Subchapter B, Chapter 145, for filling a vacancy in a party's nomination, to the extent that it can be made applicable.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 29, eff. Sept. 1, 1987.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 84 (S.B. 1703), Sec. 29, eff. September 1, 2015.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 202 - Vacancy in Office of State or County Government › Section 202.007. Filing Deadline for Application of Independent Candidate

Sec. 202.007.  FILING DEADLINE FOR APPLICATION OF INDEPENDENT CANDIDATE.  (a)  If a vacancy occurs after runoff primary election day, an independent candidate for the unexpired term must file the application for a place on the ballot not later than 5 p.m. of the 30th day after the date the vacancy occurs or 5 p.m. of the 70th day before general election day, whichever is earlier.
(b)  An application 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 2005, 79th Leg., Ch. 1109 (H.B. 2339), Sec. 29, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 203 - Vacancy in Legislature › Section 203.001. Applicability of Chapter

Sec. 203.001.  APPLICABILITY OF CHAPTER.  This chapter applies to the offices of state senator and state representative.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 203 - Vacancy in Legislature › Section 203.002. Vacancy Filled at Special Election

Sec. 203.002.  VACANCY FILLED AT SPECIAL ELECTION.  An unexpired term in office may be filled only by a special election in accordance with this chapter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 203 - Vacancy in Legislature › Section 203.003. Majority Vote Required

Sec. 203.003.  MAJORITY VOTE REQUIRED.  To be elected in a special election for an unexpired term, a candidate must receive a majority of the total number of votes received by all candidates for the unexpired term.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 203 - Vacancy in Legislature › Section 203.004. Date of Election

Sec. 203.004.  DATE OF ELECTION.  (a)  Except as provided by Subsection (b), a special election shall be held on the first uniform election date occurring on or after the 36th day after the date the election is ordered.
(b)  If the election is to be held as an emergency election, it shall be held on a Tuesday or Saturday occurring on or after the 36th day and on or before the 64th day after the date the election is ordered.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 389, Sec. 5, eff. Sept. 1, 1991.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 88, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 203 - Vacancy in Legislature › Section 203.005. Application Required

Sec. 203.005.  APPLICATION REQUIRED.  (a)  To be entitled to a place on a special election ballot, a candidate must make an application for a place on the ballot.
(b)  An application must, in addition to complying with Section 141.031:
(1)  state the political party with which the candidate is aligned or, if the candidate is not aligned with a party, state that fact;  and
(2)  be accompanied by:
(A)  a filing fee in the amount prescribed by Section 172.024 for a candidate for nomination for the same office in a general primary election;  or
(B)  a petition that satisfies the requirements prescribed by Section 141.062.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 203 - Vacancy in Legislature › Section 203.006. Application Filed With Secretary of State

Sec. 203.006.  APPLICATION FILED WITH SECRETARY OF STATE.  An application for a place on a special election ballot must be filed with the secretary of state.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 203 - Vacancy in Legislature › Section 203.007. Number of Petition Signatures Required

Sec. 203.007.  NUMBER OF PETITION SIGNATURES REQUIRED.  The minimum number of signatures that must appear on the petition authorized by Section 203.005(b)(2)(B) is 500.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.