CHAPTER 161. GENERAL PROVISIONS
ELECTION CODE
TITLE 10. POLITICAL PARTIES
SUBTITLE A. INTRODUCTORY PROVISIONS
CHAPTER 161. GENERAL PROVISIONS
Sec. 161.001. INHERENT POWERS. A political party retains all of
its inherent powers except as limited by this code.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 161.002. PARTY NAME. (a) The name of a political party as
printed on the ballot for an election may not consist of more
than three words.
(b) A party may not select for its name a name previously
assumed by another existing party.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 161.003. METHODS OF MAKING NOMINATIONS. A political party
may make nominations for public office only by the methods
provided by this code.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 161.004. PARTY DOCUMENT AS PUBLIC INFORMATION. If a
document, record, or other paper is expressly required by this
title to be filed, prepared, or preserved, it is public
information unless this title provides otherwise.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 161.005. ELIGIBILITY FOR PARTY OFFICES GENERALLY. (a) To
be eligible to be a candidate for or to serve as a county or
precinct chair of a political party, a person must:
(1) be a qualified voter of the county; and
(2) not be a candidate for nomination or election to, or be the
holder of, an elective office of the federal, state, or county
government.
(b) For purposes of this section, a person becomes a candidate
at the earliest time at which one of the following occurs:
(1) the person files:
(A) a declaration of intent to run as an independent candidate;
(B) an application for a place on a primary or general election
ballot or for nomination by a convention; or
(C) a declaration of write-in candidacy; or
(2) the person is nominated by a convention or executive
committee.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 864, Sec. 105, eff. Sept. 1, 1997.
Sec. 161.006. HOLDING PRECINCT CONVENTION OF MORE THAN ONE PARTY
IN SAME BUILDING. A political party may not hold a precinct
convention in the same building in which another party is holding
a precinct convention on the same day unless:
(1) the rooms in which the conventions are held are separated so
that communication from one room to the other is precluded; and
(2) a sign in bold print identifying the party holding the
convention is posted at the entrance to each room.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 1349, Sec. 57, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 1350, Sec. 7, eff. Sept. 1, 1997.
Sec. 161.007. UNLAWFULLY PROHIBITING EMPLOYEE FROM ATTENDING
POLITICAL CONVENTION. (a) A person commits an offense if, with
respect to another over whom the person has authority in the
scope of employment, the person knowingly:
(1) refuses to permit the other person to be absent from work
for the purpose of attending a precinct convention in which the
other person is eligible to participate or attending a county,
district, or state convention to which the other person is a
delegate; or
(2) subjects or threatens to subject the other person to a
penalty for the purpose of preventing or retaliating for the
other person's attendance at a precinct convention in which the
other person is eligible to participate or for the other person's
attendance at a county, district, or state convention to which
the other person is a delegate.
(b) In this section, "penalty" means a loss or reduction of
wages or other benefit of employment other than a deduction for
the actual time of absence from work.
(c) An offense under this section is a Class C misdemeanor.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 864, Sec. 106, eff. Sept. 1, 1997.
Sec. 161.008. CERTIFICATION OF NOMINEES FOR STATEWIDE AND
DISTRICT OFFICES FOR PLACEMENT ON GENERAL ELECTION BALLOT. (a)
Except as provided by Subsection (c), the secretary of state
shall certify in writing for placement on the general election
ballot the name of each candidate nominated at a primary election
or convention of a political party for a statewide or district
office.
(b) Not later than the 62nd day before general election day, the
secretary of state shall deliver the certification to the
authority responsible for having the official general election
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 if, before
delivering the certification, the secretary of state learns that
the name is to be omitted from the ballot under Section 145.035.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2005, 79th Leg., Ch.
1109, Sec. 20, eff. September 1, 2005.
Sec. 161.009. PARTY OFFICER SUBJECT TO MANDAMUS. The
performance of a duty placed by this code on an officer of a
political party is enforceable by writ of mandamus in the same
manner as if the party officer were a public officer.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 161.010. CHALLENGING CONVENTION DELEGATES. A political
party holding a convention under this title may provide by rule
for challenging the qualifications of the convention delegates
and for replacing unqualified delegates.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.