2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 145 - Withdrawal, Death and Ineligibility of Candidate › Subchapter A. General Provisions › Section 145.003. Administrative Declaration of Ineligibility

Sec. 145.003.  ADMINISTRATIVE DECLARATION OF INELIGIBILITY.  (a)  Except for a judicial action in which a candidate's eligibility is in issue, a candidate may be declared ineligible only as provided by this section.
(b)  Except as provided by Subsection (f-1), a candidate in the general election for state and county officers may be declared ineligible before the 30th day preceding election day by:
(1)  the party officer responsible for certifying the candidate's name for placement on the general election ballot, in the case of a candidate who is a political party's nominee;
(2)  the authority with whom the candidate's application for a place on the ballot is required to be filed, in the case of an independent candidate; or
(3)  the secretary of state, if the candidate is ineligible under Subsection (f)(3).
(c)  A candidate in an election other than the general election for state and county officers may be declared ineligible before the beginning of early voting by personal appearance by the authority with whom an application for a place on the ballot for the office sought by the candidate is required to be filed.
(d)  The presiding officer of the final canvassing authority for the office sought by a candidate may declare the candidate ineligible after the polls close on election day and, except as provided by Subsection (e), before a certificate of election is issued.
(e)  In the case of a candidate for governor or lieutenant governor, a declaration of ineligibility by the final canvassing authority's presiding officer may not be made after the final canvass for that office is completed.
(f)  A candidate may be declared ineligible only if:
(1)  the information on the candidate's application for a place on the ballot indicates that the candidate is ineligible for the office;
(2)  facts indicating that the candidate is ineligible are conclusively established by another public record; or
(3)  the candidate fails to pay the filing fee or submit a petition in lieu of a filing fee.
(f-1)  A candidate may not be declared ineligible under Subsection (f)(3) after the 74th day preceding election day.
(g)  When presented with an application for a place on the ballot or another public record containing information pertinent to a candidate's eligibility, the appropriate authority shall promptly review the record.  If the authority determines that the record establishes ineligibility as provided by Subsection (f), the authority shall declare the candidate ineligible.
(h)  If a candidate is declared ineligible after the deadline for omitting an ineligible candidate's name from the ballot, the authority making the declaration shall promptly certify in writing the declaration of ineligibility to the canvassing authority for the election.
(i)  If a candidate is declared ineligible, the authority making the declaration shall promptly give written notice of the declaration of ineligibility to the candidate.
(j)  This section does not apply to a challenge on an application under Section 141.034.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.58;  Acts 1991, 72nd Leg., ch. 554, Sec. 29, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 728, Sec. 56, eff. Sept. 1, 1993.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 85, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 1150 (S.B. 994), Sec. 1, eff. September 1, 2023.