reglab/statecodes huggingface dataset:
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 141 - Candidacy for Public Office Generally › Subchapter B. Application for Place on Ballot › Section 141.034. Limitation on Challenge of Application

Sec. 141.034.  LIMITATION ON CHALLENGE OF APPLICATION.  (a)  An application for a place on the ballot may not be challenged for compliance with the applicable requirements as to form, content, and procedure after the 50th day before the date of the election for which the application is made.
(b)  This section does not apply to a determination of a candidate's eligibility.
(c)  A challenge must state with specificity how the application does not comply with the applicable requirements as to form, content, and procedure.  The authority's review of the challenge is limited to the specific items challenged and any response filed with the authority by the challenged candidate.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 2, Sec. 7.07, eff. Aug. 28, 1989;  Acts 1991, 72nd Leg., ch. 203, Sec. 2.57;  Acts 1991, 72nd Leg., ch. 554, Sec. 28, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 728, Sec. 55, eff. Sept. 1, 1993.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 95 (S.B. 44), Sec. 2, eff. May 23, 2017.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 77, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 141 - Candidacy for Public Office Generally › Subchapter B. Application for Place on Ballot › Section 141.035. Application as Public Information

Sec. 141.035.  APPLICATION AS PUBLIC INFORMATION.  An application for a place on the ballot, including an accompanying petition, is public information immediately on its filing.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 141 - Candidacy for Public Office Generally › Subchapter B. Application for Place on Ballot › Section 141.036. Preservation of Application

Sec. 141.036.  PRESERVATION OF APPLICATION.  The authority with whom an application for a place on the ballot is required to be filed shall preserve each application filed with the authority for two years after the date of the election for which the application is made.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 141 - Candidacy for Public Office Generally › Subchapter B. Application for Place on Ballot › Section 141.037. Form of Name Certified for Placement on Ballot

Sec. 141.037.  FORM OF NAME CERTIFIED FOR PLACEMENT ON BALLOT.  An authority responsible for certifying the names of candidates for placement on the ballot shall certify each name in the form indicated on the candidate's application for a place on the ballot, subject to Subchapter B, Chapter 52.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 141 - Candidacy for Public Office Generally › Subchapter B. Application for Place on Ballot › Section 141.038. Refund of Filing Fee

Sec. 141.038.  REFUND OF FILING FEE.  (a)  A filing fee paid in connection with a candidate's application for a place on the ballot shall be refunded to the candidate or to the candidate's estate, as appropriate, if before the date of the election for which the application is made:
(1)  the candidate dies;
(2)  the candidate is declared ineligible;  or
(3)  the candidate's application for a place on the ballot is determined not to comply with the requirements as to form, content, and procedure that it must satisfy for the candidate's name to be placed on the ballot.
(b)  A claim for a refund of a filing fee must be presented to the authority with whom the candidate's application for a place on the ballot is filed.
(c)  A filing fee may not be refunded except as provided by this section.
(d)  The refunding of filing fees for home-rule city offices may be regulated by the city charter, and those regulations supersede this section to the extent of any conflict.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 2, Sec. 7.08, eff. Aug. 28, 1989;  Acts 1997, 75th Leg., ch. 864, Sec. 93, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 141 - Candidacy for Public Office Generally › Subchapter B. Application for Place on Ballot › Section 141.039. Official Application Form

Sec. 141.039.  OFFICIAL APPLICATION FORM.  In addition to the other statements and spaces for entering information that appear on an officially prescribed form for an application for a place on the ballot, each official form for an application that a candidate is required to file under this code must include:
(1)  a space for indicating the form in which the candidate's name is to appear on the ballot;
(2)  a space for the candidate's public mailing address;
(3)  spaces for the candidate's home and office telephone numbers and e-mail address at which the candidate receives correspondence relating to the candidate's campaign;
(4)  a statement informing candidates that the furnishing of the telephone numbers is optional;
(5)  a statement informing candidates that knowingly providing false information on the application under Section 141.031(a)(4)(G) constitutes a Class B misdemeanor; and
(6)  a statement informing candidates that a candidate who indicates under Section 141.031(a)(4)(G) that the candidate has been convicted of a felony must comply with the requirements of Section 141.031(a-1).
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 279 (H.B. 1593), Sec. 1, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Sec. 23, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 1006 (H.B. 4555), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 141 - Candidacy for Public Office Generally › Subchapter B. Application for Place on Ballot › Section 141.040. Notice of Deadlines and Filing Methods

Sec. 141.040.  NOTICE OF DEADLINES AND FILING METHODS.  (a)  The authority with whom  an application for a place on the ballot under this subchapter must be filed shall post notice of the dates of the filing period in a public place in a building in which the authority has an office not later than the 30th day before:
(1)  the first day on which a candidate may file the application; or
(2)  the last day on which a candidate may file the application, if this code does not designate a first day on which the candidate may file the application.
(b)  This section does not apply to an office filled at the general election for state and county officers.
(c)  An authority shall designate an e-mail address in the notice required by this section for the purpose of filing an application for a place on the ballot under Section 143.004.
Added by Acts 2009, 81st Leg., R.S., Ch. 1235 (S.B. 1970), Sec. 13, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2817), Sec. 28, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 78, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 79, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 141 - Candidacy for Public Office Generally › Subchapter C. Petition › Section 141.061. Applicability of Subchapter

Sec. 141.061.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies to each petition filed in connection with a candidate's application for a place on the ballot.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 493, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 141 - Candidacy for Public Office Generally › Subchapter C. Petition › Section 141.062. Validity of Petition

Sec. 141.062.  VALIDITY OF PETITION.  (a)  To be valid, a petition must:
(1)  be timely filed with the appropriate authority;
(2)  contain valid signatures in the number required by this code;  and
(3)  comply with any other applicable requirements for validity prescribed by this code.
(b)  A petition may consist of multiple parts.
(c)  After the filing deadline:
(1)  a candidate may not amend a petition in lieu of a filing fee submitted with the candidate's application; and
(2)  the authority with whom the application is filed may not accept an amendment to a petition in lieu of a filing fee submitted with the candidate's application.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 254 (H.B. 1135), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 141 - Candidacy for Public Office Generally › Subchapter C. Petition › Section 141.063. Validity of Signature

Sec. 141.063.  VALIDITY OF SIGNATURE.  (a)  A signature on a petition is valid if:
(1)  except as otherwise provided by this code, the signer, at the time of signing, is a registered voter of the territory from which the office sought is elected or has been issued a registration certificate for a registration that will become effective in that territory on or before the date of the applicable election;
(2)  the petition includes the following information with respect to each signer:
(A)  the signer's residence address;
(B)  the signer's date of birth or the signer's voter registration number and, if the territory from which signatures must be obtained is situated in more than one county, the county of registration;
(C)  the date of signing; and
(D)  the signer's printed name;
(3)  the part of the petition in which the signature appears contains the affidavit required by Section 141.065;
(4)  each statement that is required by this code to appear on each page of the petition appears, at the time of signing, on the page on which the signature is entered; and
(5)  any other applicable requirements prescribed by this code for a signature's validity are complied with.
(b)  The signature is the only information that is required to appear on the petition in the signer's own handwriting.
(c)  The use of ditto marks or abbreviations does not invalidate a signature if the required information is reasonably ascertainable.
(d)  The omission of the state from the signer's residence address does not invalidate a signature unless the political subdivision from which the signature is obtained is situated in more than one state.  The omission of the zip code from the address does not invalidate a signature.
(e)  The signer's residence address and registration address are not required to be the same if the signer would otherwise be able to vote for that office under Section 11.004 or 112.002.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 1349, Sec. 52, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 726 (H.B. 1509), Sec. 1, eff. September 1, 2005.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 80, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 141 - Candidacy for Public Office Generally › Subchapter C. Petition › Section 141.064. Method of Acquiring Signature

Sec. 141.064.  METHOD OF ACQUIRING SIGNATURE.  A person circulating a petition must:
(1)  before permitting a person to sign, point out and read to the person each statement pertaining to the signer that appears on the petition;
(2)  witness each signature;
(3)  ascertain that each date of signing is correct;  and
(4)  before the petition is filed, verify each signer's registration status and ascertain that each registration number entered on the petition is correct.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 141 - Candidacy for Public Office Generally › Subchapter C. Petition › Section 141.065. Affidavit of Circulator

Sec. 141.065.  AFFIDAVIT OF CIRCULATOR.  (a)  Each part of a petition must include an affidavit of the person who circulated it, executed before a person authorized to administer oaths in this state, stating that the person:
(1)  pointed out and read to each signer, before the petition was signed, each statement pertaining to the signer that appears on the petition;
(2)  witnessed each signature;
(3)  verified each signer's registration status; and
(4)  believes each signature to be genuine and the corresponding information to be correct.
(b)  If a petition contains an affidavit that complies with Subsection (a), for the purpose of determining whether the petition contains a sufficient number of valid signatures, the authority with whom the candidate's application is filed may treat as valid each signature to which the affidavit applies, without further verification, unless proven otherwise.
(c)  A single notarized affidavit by any person who obtained signatures is valid for all signatures gathered by the person if the date of notarization is on or after the date of the last signature obtained by the person.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 469 (H.B. 2157), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 141 - Candidacy for Public Office Generally › Subchapter C. Petition › Section 141.066. Signing More Than One Petition Prohibited

Sec. 141.066.  SIGNING MORE THAN ONE PETITION PROHIBITED.  (a)  A person may not sign the petition of more than one candidate for the same office in the same election.
(b)  The following statement must appear at the top of each page of a petition:  "Signing the petition of more than one candidate for the same office in the same election is prohibited."
(c)  A signature on a candidate's petition is invalid if the signer signed the petition subsequent to signing a petition of another candidate for the same office in the same election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 94, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 141 - Candidacy for Public Office Generally › Subchapter C. Petition › Section 141.067. Withdrawal of Signature

Sec. 141.067.  WITHDRAWAL OF SIGNATURE.  (a)  A signature may be withdrawn from a petition as provided by this section.
(b)  To withdraw a signature, the signer must request that the signer's signature be withdrawn.
(c)  To be effective, a withdrawal request must:
(1)  be in writing and be signed and acknowledged by the signer of the petition;  and
(2)  be filed with the authority with whom the petition is required to be filed not later than the date the petition is received by the authority or the seventh day before the petition filing deadline, whichever is earlier.
(d)  A withdrawal request filed by mail is considered to be filed at the time of its receipt by the appropriate authority.
(e)  The signer must deliver a copy of the withdrawal request to the candidate when the request is filed.
(f)  The filing of an effective withdrawal request nullifies the signature on the petition and places the signer in the same position as if the signer had not signed the petition.
(g)  If the withdrawal of a signature reduces the number of signatures on the petition below the prescribed minimum for the petition to be valid, the authority with whom the request is filed shall notify the candidate immediately by telephone, telegram, or an equally or more expeditious method of the number of withdrawn signatures.  Before the third day after the date the candidate receives the notice, the candidate's petition may be supplemented with signatures equal in number to the number of signatures withdrawn.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 95, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 141 - Candidacy for Public Office Generally › Subchapter C. Petition › Section 141.068. Duty of Local Authority to Verify Signatures

Sec. 141.068.  DUTY OF LOCAL AUTHORITY TO VERIFY SIGNATURES.  (a)  On request of the secretary of state, a voter registrar shall verify the voter registration status of a signer of a petition filed with the secretary who the petition indicates is registered or has been accepted for registration in the county served by the registrar.
(b)  On request of the secretary of state, a county clerk shall ascertain from the records in the clerk's custody whether a signer of a petition filed with the secretary is shown to have voted in a particular election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 141 - Candidacy for Public Office Generally › Subchapter C. Petition › Section 141.069. Verifying Signatures by Statistical Sample

Sec. 141.069.  VERIFYING SIGNATURES BY STATISTICAL SAMPLE.  If signatures on a petition that is required to contain more than 1,000 signatures are to be verified by the authority with whom the candidate's application is required to be filed, the authority may use as the basis for the verification any reasonable statistical sampling method that ensures an accuracy rate of at least 95 percent.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 54, Sec. 16(b), eff. Sept. 1, 1987;  Acts 1997, 75th Leg., ch. 1349, Sec. 53, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 141 - Candidacy for Public Office Generally › Subchapter C. Petition › Section 141.070. Estimating Gubernatorial Vote for Territory With Changed Boundary

Sec. 141.070.  ESTIMATING GUBERNATORIAL VOTE FOR TERRITORY WITH CHANGED BOUNDARY.  (a)  If, since the most recent gubernatorial general election, a district or precinct from which an officer of the federal, state, or county government is elected is created or has had its boundary changed, the number of votes received in the district or precinct by a political party's gubernatorial candidate or by all the gubernatorial candidates shall be estimated, as provided by this section, for the purpose of computing the number of signatures required on a candidate's petition.
(b)  The secretary of state, for a district, or the county clerk of the county in which the precinct is situated, for a precinct, shall estimate the applicable vote total on the request of:
(1)  a candidate affected by the creation or change;  or
(2)  an authority with whom an affected candidate's application for a place on the ballot is required to be filed.
(c)  Not later than the 30th day after the date the secretary of state or county clerk receives an estimate request, the secretary or clerk shall certify the secretary's or clerk's estimate in writing and deliver a copy of the certification to the candidate and to the authority with whom the candidate's application for a place on the ballot is required to be filed.
(d)  If an estimate is not requested under Subsection (b), the authority with whom an affected candidate's application for a place on the ballot is required to be filed shall make the estimate before acting on a petition.
(e)  If, before completing an estimate, the estimating authority determines that the total estimated vote will be large enough to make a computation of the number of signatures required to appear on the petition unnecessary, the authority may certify that fact in writing instead of completing the estimate.
(f)  A candidate for an office that is affected by an estimate or by a determination made under Subsection (e) may challenge the accuracy of the estimate or determination by filing a petition, stating the ground of the challenge, in a district court having general jurisdiction in the territory involved.  Review in the district court is by trial de novo, and the court's decision is not appealable.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 96, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 141 - Candidacy for Public Office Generally › Subchapter D. Coercion of Candidacy › Section 141.101. Coercion Against Candidacy Prohibited

Sec. 141.101.  COERCION AGAINST CANDIDACY PROHIBITED.  (a)  A person commits an offense if by intimidation or by means of coercion the person influences or attempts to influence a person to:
(1)  not file an application for a place on the ballot or a declaration of write-in candidacy; or
(2)  withdraw as a candidate.
(b)  In this section, "coercion" has the meaning assigned by Section 1.07, Penal Code.
(c)  An offense under this section is a Class A misdemeanor unless the intimidation or coercion is a threat to commit a felony, in which event it is a felony of the third degree.
Added by Acts 1995, 74th Leg., ch. 667, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1235 (S.B. 1970), Sec. 3, eff. September 1, 2009.
Transferred, redesignated and amended from Election Code, Section 2.054 by Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 82, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 142 - Independent Candidate in General Election for State and County Officers › Section 142.001. Applicability of Chapter

Sec. 142.001.  APPLICABILITY OF CHAPTER.  This chapter applies to an independent candidate for an office that is to be voted on at the general election for state and county officers except the offices of president and 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 142 - Independent Candidate in General Election for State and County Officers › Section 142.002. Declaration of Intent Required

Sec. 142.002.  DECLARATION OF INTENT REQUIRED.  (a)  To be entitled to a place on the general election ballot, a candidate must make a declaration of intent to run as an independent candidate.
(b)  A declaration of intent to run as an independent candidate must:
(1)  be in writing and be signed and acknowledged by the candidate;
(2)  be filed with the authority with whom the candidate's application for a place on the ballot is required to be filed within the regular filing period for an application for a place on a general primary election ballot;  and
(3)  contain:
(A)  the candidate's name and residence address;
(B)  the office sought, including any place number or other distinguishing number;  and
(C)  an indication of whether the office sought is to be filled for a full or unexpired term, if the office sought and another office to be voted on have the same title but do not have place numbers or other distinguishing numbers.
(c)  This section does not apply to:
(1)  a candidate for an unexpired term if the vacancy occurs after the 10th day before the regular filing deadline for an application for a place on a general primary election ballot;  or
(2)  a candidate for an office for which the regular application filing deadline for candidates in a primary election is extended.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 142 - Independent Candidate in General Election for State and County Officers › Section 142.0021. Filing Declarations of Intent for More Than One Office Prohibited

Sec. 142.0021.  FILING DECLARATIONS OF INTENT FOR MORE THAN ONE OFFICE PROHIBITED.  (a)  A candidate may not file declarations of intent for two or more offices that:
(1)  are not permitted by law to be held by the same person;  and
(2)  are to be voted on at one or more elections held on the same day.
(b)  If a person files more than one declaration of intent in violation of this section, each declaration filed subsequent to the first one filed is invalid.
Added by Acts 1997, 75th Leg., ch. 1349, Sec. 54, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 142 - Independent Candidate in General Election for State and County Officers › Section 142.003. Preservation of Declaration

Sec. 142.003.  PRESERVATION OF DECLARATION.  The authority with whom a declaration of intent is required to be filed shall preserve each declaration filed with the authority until the day after general election day.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 97, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 142 - Independent Candidate in General Election for State and County Officers › Section 142.004. Application Required

Sec. 142.004.  APPLICATION REQUIRED.  (a)  To be entitled to a place on the general 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, be accompanied by 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 9 - Candidates › Chapter 142 - Independent Candidate in General Election for State and County Officers › Section 142.005. Authority With Whom Application Filed

Sec. 142.005.  AUTHORITY WITH WHOM APPLICATION FILED.  An application for a place on the ballot 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 142 - Independent Candidate in General Election for State and County Officers › Section 142.006. Regular Filing Deadline for Application

Sec. 142.006.  REGULAR FILING DEADLINE FOR APPLICATION.  (a)  An application for a place on the ballot must be filed not later than 5 p.m. of the 30th day after runoff primary election day, except as provided by Section 202.007.
(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 1987, 70th Leg., ch. 472, Sec. 39, eff. Sept. 1, 1987;  Acts 1987, 70th Leg., ch. 490, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 142 - Independent Candidate in General Election for State and County Officers › Section 142.007. Number of Petition Signatures Required

Sec. 142.007.  NUMBER OF PETITION SIGNATURES REQUIRED.  The minimum number of signatures that must appear on a candidate's petition is:
(1)  for a statewide office, one percent of the total vote received by all candidates for governor in the most recent gubernatorial general election;  or
(2)  for a district, county, or precinct office, the lesser of:
(A)  500;  or
(B)  five percent of the total vote received in the district, county, or precinct, as applicable, by all candidates for governor in the most recent gubernatorial general election, unless that number is under 25, in which case the required number of signatures is the lesser of:
(i)  25;  or
(ii)  10 percent of that total vote.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 142 - Independent Candidate in General Election for State and County Officers › Section 142.008. Statement on Petition

Sec. 142.008.  STATEMENT ON PETITION.  The following statement must appear at the top of each page of a candidate's petition:  "I know the purpose of this petition.  I have not voted in the general primary election or runoff primary election of any political party that has nominated, at either election, a candidate for the office of (insert office title) for which (insert candidate's name) is a candidate."
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 142 - Independent Candidate in General Election for State and County Officers › Section 142.009. Petition to Be Circulated After Primary

Sec. 142.009.  PETITION TO BE CIRCULATED AFTER PRIMARY.  A signature on a candidate's petition is invalid if the signer:
(1)  signed the petition on or before general primary election day or, if a runoff primary is held for the office sought by the candidate, on or before runoff primary election day;  or
(2)  voted in the general or runoff primary election of a political party that made a nomination, at either primary, for the office sought by the candidate.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 142 - Independent Candidate in General Election for State and County Officers › Section 142.010. Certification of Candidates' Names for Placement on General Election Ballot

Sec. 142.010.  CERTIFICATION OF CANDIDATES' NAMES FOR PLACEMENT ON GENERAL ELECTION BALLOT.  (a)  Except as provided by Subsection (c), the authority with whom applications for a place on the ballot are required to be filed shall certify in writing for placement on the general election ballot the name of each candidate who files with the authority a declaration of intent that complies with Section 142.002(b), if required, and an application that complies with Section 142.004(b).
(b)  Not later than the 68th day before general 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 candidate's name is to appear on the ballot.
(c)  A candidate's name may not be certified:
(1)  if, before delivering the certification, the certifying authority learns that the name is to be omitted from the ballot under Section 145.064;  or
(2)  for an office for which the candidate's declaration or application is invalid under Section 142.0021 or 141.033, as applicable.
(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 42 U.S.C. Section 1973aa-1a.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 1349, Sec. 55, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1014 (H.B. 2477), Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 16, eff. September 1, 2011.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 143 - Candidate for City Office › Section 143.001. Applicability of Chapter

Sec. 143.001.  APPLICABILITY OF CHAPTER.  This chapter applies to a candidate for a city office.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 143 - Candidate for City Office › Section 143.002. Independent Candidacy Required

Sec. 143.002.  INDEPENDENT CANDIDACY REQUIRED.  Except as provided by Section 143.003, a candidate's name may appear on the ballot only as an independent.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 143 - Candidate for City Office › Section 143.003. Partisan Candidacy for Home-Rule City Office Authorized

Sec. 143.003.  PARTISAN CANDIDACY FOR HOME-RULE CITY OFFICE AUTHORIZED.  (a)  A city charter may authorize nominations of partisan candidates by political organizations for an office of a home-rule city.  Implementing regulations may be prescribed by the charter or by ordinance under charter authorization.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1236 , Sec. 6.001, eff. September 1, 2015.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 6.001, eff. September 1, 2015.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 143 - Candidate for City Office › Section 143.004. Application Required

Sec. 143.004.  APPLICATION REQUIRED.  (a)  Subject to Section 143.005, to be entitled to a place on the ballot, a candidate must make an application for a place on the ballot.
(b)  An application, other than an application required to be accompanied by fee, may be filed through e-mail transmission of the completed application in a scanned format to the e-mail address designated by the filing authority in the notice required under Section 141.040.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 83, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 143 - Candidate for City Office › Section 143.005. Application for Home-Rule City Office

Sec. 143.005.  APPLICATION FOR HOME-RULE CITY OFFICE.  (a)  A city charter may prescribe requirements in connection with a candidate's application for a place on the ballot for an office of a home-rule city.  This section does not authorize a city charter requirement in connection with the timely filing of an application, and any charter requirement related to an application's timely filing is superseded by Section 143.007 and other applicable filing provisions prescribed by this code.
(b)  If a city charter prescribes the requirements that a candidate's application must satisfy for the candidate's name to be placed on the ballot,  Section 141.031(a)(4)(L) also applies to the application.  The other provisions of Section 141.031 do not apply.
(c)  If a city charter requires candidates to pay a filing fee, the amount of the fee and an alternative procedure to payment of the fee shall be prescribed by the charter or by ordinance under charter authorization.  However, if an ordinance prescribing an alternative procedure to payment of a filing fee is adopted before the effective date of this code without charter authorization, the ordinance, as it exists on the effective date of this code, continues in effect until the adoption of a charter provision prescribing an alternative procedure or authorizing prescription of an alternative procedure by ordinance.
(d)  For any petition required or authorized to be filed in connection with a candidate's application for a place on the ballot for an office of a home-rule city, the minimum number of signatures that must appear on the petition is the greater of:
(1)  25;  or
(2)  one-half of one percent of the total vote received in the territory from which the office is elected by all candidates for mayor in the most recent mayoral general election.
(e)  If the city charter of a home-rule city with a population of more than 1.18 million located primarily in a county with a population of 2.5 million or more that holds nonpartisan elections for its offices requires both a petition and a $50 fee to be filed for a candidate's name to be placed on the ballot, those requirements supersede this section.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 54, Sec. 11(a), eff. Sept. 1, 1987;  Acts 1987, 70th Leg., ch. 427, Sec. 5, eff. Sept. 1, 1987;  Acts 1991, 72nd Leg., ch. 597, Sec. 66, eff. Sept. 1, 1991;  Acts 2001, 77th Leg., ch. 669, Sec. 15, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 695, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 614 (H.B. 417), Sec. 30, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 14, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 29, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 143 - Candidate for City Office › Section 143.006. Authority With Whom Application Filed

Sec. 143.006.  AUTHORITY WITH WHOM APPLICATION FILED.  (a)  Except as provided by Subsections (b) and (c), an application for a place on the ballot must be filed with the city secretary.
(b)  An authority other than the city secretary may be designated to receive applications by a home-rule city charter or ordinance adopted under charter authorization.
(c)  An application for a place on the ballot for the first election of officers following the incorporation of a city must be filed with the authority designated by law.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 143 - Candidate for City Office › Section 143.007. Filing Period

Sec. 143.007.  FILING PERIOD.  (a)  Except as otherwise provided by this code, an application for a place on the ballot must be filed not later than 5 p.m. of the 62nd day before election day.  An application may not be filed earlier than the 30th day before the date of the filing deadline.
(b)  An application filed by mail is considered to be filed at the time of its receipt by the appropriate authority.
(c)  For an election to be held on a uniform election date, the day of the filing deadline is the 78th day before election day.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 2003, 78th Leg., ch. 925, Sec. 2, eff. Nov. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1109 (H.B. 2339), Sec. 3, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 17, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 84 (S.B. 1703), Sec. 9, eff. September 1, 2015.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 143 - Candidate for City Office › Section 143.008. Extended Filing Deadline for Certain Offices

Sec. 143.008.  EXTENDED FILING DEADLINE FOR CERTAIN OFFICES.  (a)  This section applies only to an office with a four-year term.
(b)  If at the deadline prescribed by Section 143.007 no candidate has filed an application for a place on the ballot for an office, the filing deadline for that office is extended to 5 p.m. of the 57th day before election day.
(c)  This section does not apply to an election to be held on the date of the general election for state and county officers.
Added by Acts 1987, 70th Leg., ch. 133, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2003, 78th Leg., ch. 925, Sec. 3, eff. Nov. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1109 (H.B. 2339), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 144 - Candidate for Office of Political Subdivision Other Than County or City › Section 144.001. Applicability of Chapter

Sec. 144.001.  APPLICABILITY OF CHAPTER.  This chapter applies to a candidate for an office of a political subdivision other than a city or county.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 144 - Candidate for Office of Political Subdivision Other Than County or City › Section 144.002. Independent Candidacy Required

Sec. 144.002.  INDEPENDENT CANDIDACY REQUIRED.  A candidate's name may appear on the ballot only as an independent.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 144 - Candidate for Office of Political Subdivision Other Than County or City › Section 144.003. Application Required

Sec. 144.003.  APPLICATION REQUIRED.  (a)  Except as otherwise provided by law, to be entitled to a place on the ballot, a candidate must make an application for a place on the ballot.  An application, other than an application required to be accompanied by fee, may be filed through e-mail transmission of the completed application in a scanned format to the e-mail address designated by the filing authority in the notice required under Section 141.040.
(b)  If a law outside this code purports to prescribe the exclusive requirements that a candidate's application must satisfy for the candidate's name to be placed on the ballot,  Section 141.031(a)(4)(L) also applies to the application.  The other provisions of  Section 141.031 do not apply.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 427, Sec. 6, eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 614 (H.B. 417), Sec. 31, eff. September 1, 2007.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 84, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 144 - Candidate for Office of Political Subdivision Other Than County or City › Section 144.004. Authority With Whom Application Filed

Sec. 144.004.  AUTHORITY WITH WHOM APPLICATION FILED.  Except as otherwise provided by law, an application for a place on the ballot must be filed with the secretary of the political subdivision's governing body or, if the governing body has no secretary, with the governing body's presiding officer.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 144 - Candidate for Office of Political Subdivision Other Than County or City › Section 144.005. Filing Deadline

Sec. 144.005.  FILING DEADLINE.  (a)  Except as provided by Subsection (d), an application for a place on the ballot must be filed not later than 5 p.m. of the 62nd day before election day.  Notwithstanding any other law outside this code, an application may not be filed earlier than the 30th day before the date of the filing deadline.
(b)  Except as otherwise provided by law, an application filed by mail is considered to be filed at the time of its receipt by the appropriate authority.
(c)  The governing body of a political subdivision for which a deadline for filing for candidacy is prescribed by a law outside this code shall take appropriate action to comply with Subsections (a) and (d) and to adjust any affected date, deadline, or procedure to allow the same interval of time in relation to the filing deadline as would be provided by application of the other law.  The secretary of state shall prescribe any rules necessary to facilitate the implementation of this subsection.
(d)  For an election to be held on a uniform election date, the day of the filing deadline is the 78th day before election day.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 2003, 78th Leg., ch. 925, Sec. 4, eff. Nov. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1109 (H.B. 2339), Sec. 5, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 18, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1178 (S.B. 910), Sec. 13, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 84 (S.B. 1703), Sec. 10, eff. September 1, 2015.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 144 - Candidate for Office of Political Subdivision Other Than County or City › Section 144.006. Filing Deadline for Declared Write-in Candidate

Sec. 144.006.  FILING DEADLINE FOR DECLARED WRITE-IN CANDIDATE.  (a)  Except as otherwise provided by law, 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 in an election in which:
(1)  the filing deadline for an application for a place on the ballot is the 62nd day before election day; and
(2)  write-in votes may be counted only for names appearing on a list of declared write-in candidates.
(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 2003, 78th Leg., ch. 1316, Sec. 35, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1109 (H.B. 2339), Sec. 6, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 19, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 84 (S.B. 1703), Sec. 11, eff. September 1, 2015.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 145 - Withdrawal, Death and Ineligibility of Candidate › Subchapter A. General Provisions › Section 145.001. Method for Withdrawal as Candidate

Sec. 145.001.  METHOD FOR WITHDRAWAL AS CANDIDATE.  (a)  To withdraw from an election, a candidate whose name is to appear on the ballot must request that the candidate's name be omitted from the ballot.
(b)  A withdrawal request must:
(1)  be in writing and be signed and acknowledged by the candidate; and
(2)  be timely filed with the appropriate authority or an agent of an authority only as expressly provided by this code.
(c)  A withdrawal request filed by mail is considered to be filed at the time of its receipt by the appropriate authority.
(d)  The time of a withdrawal is the time that an effective withdrawal request is filed.
(d-1)  A withdrawal that is not filed in compliance with Subsection (b) has no legal effect and is not considered filed.
(e)  This section does not apply to a candidate for president or vice-president of the United States.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 98, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2817), Sec. 29, eff. September 1, 2011.
2023 Texas Statutes › Election Code › Title 9 - Candidates › Chapter 145 - Withdrawal, Death and Ineligibility of Candidate › Subchapter A. General Provisions › Section 145.002. Procedure for Omitting Deceased Candidate's Name From Ballot

Sec. 145.002.  PROCEDURE FOR OMITTING DECEASED CANDIDATE'S NAME FROM BALLOT.  (a)  Except as provided by Subsection (b), if a candidate's name is to be omitted from the ballot under this code because the candidate has died, the authority responsible for having the official ballot prepared shall omit the candidate's name from the ballot on receipt of reliable information of the death.
(b)  If a deceased candidate's name has been certified by the secretary of state for placement on the ballot, the candidate's name may not be omitted from the ballot without authorization from the secretary of state.
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 A. General Provisions › Section 145.004. Final Judgment Required for Adjudication of Ineligibility

Sec. 145.004.  FINAL JUDGMENT REQUIRED FOR ADJUDICATION OF INELIGIBILITY.  A candidate's entitlement to a place on the ballot or to a certificate of election is not affected by a judicial determination that the candidate is ineligible until a judgment declaring the candidate to be ineligible becomes final.
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 A. General Provisions › Section 145.005. Effect of Votes Cast for Deceased, Withdrawn, or Ineligible Candidate

Sec. 145.005.  EFFECT OF VOTES CAST FOR DECEASED, WITHDRAWN, OR INELIGIBLE CANDIDATE.  (a)  If the name of a deceased, withdrawn, or ineligible candidate appears on the ballot under this chapter, the votes cast for the candidate shall be counted and entered on the official election returns in the same manner as for the other candidates.
(b)  If the deceased, withdrawn, or ineligible candidate receives the vote required for election, the resulting vacancy shall be filled in the regular manner.
(c)  If the deceased, withdrawn, or ineligible candidate and another candidate tie for the most votes in an election in which a plurality vote is sufficient for election, the other candidate is considered to be elected.  If more than one other candidate is tied with the deceased, withdrawn, or ineligible candidate, the winner of the election shall be determined by resolving the tie between the other candidates in the regular manner for resolving a tie vote in the election.
(d)  In a race in which a runoff is required, if the deceased, withdrawn, or ineligible candidate received the vote that would entitle the candidate to a place on the runoff election ballot or tied for that number of votes, the candidates in the runoff shall be determined in the regular manner but without regard to the votes received by the deceased, withdrawn, or ineligible candidate.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 99, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2817), Sec. 30, eff. September 1, 2011.