CHAPTER 145. WITHDRAWAL, DEATH AND INELIGIBILITY OF CANDIDATE
ELECTION CODE
TITLE 9. CANDIDATES
CHAPTER 145. WITHDRAWAL, DEATH AND INELIGIBILITY OF CANDIDATE
SUBCHAPTER A. GENERAL PROVISIONS
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) To be effective, 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 as 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.
(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.
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.
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) 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; or
(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.
(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; or
(2) facts indicating that the candidate is ineligible are
conclusively established by another public record.
(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.
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.
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.
Sec. 145.005. EFFECT OF VOTES CAST FOR DECEASED OR INELIGIBLE
CANDIDATE. (a) If the name of a deceased 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 or ineligible candidate receives the vote
required for election, the resulting vacancy shall be filled in
the regular manner.
(c) If the deceased 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 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 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 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.
SUBCHAPTER B. PARTY NOMINEE IN GENERAL ELECTION FOR STATE AND
COUNTY OFFICERS
Sec. 145.031. APPLICABILITY OF SUBCHAPTER. This subchapter
applies to a candidate who is a political party's nominee in the
general election for state and county officers except a candidate
for president or vice-president of the United States.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 145.032. DEADLINE FOR WITHDRAWAL. A candidate may not
withdraw from the general election after the 74th day before
election day.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2005, 79th Leg., Ch.
1109, Sec. 7, eff. September 1, 2005.
Sec. 145.033. AUTHORITY WITH WHOM WITHDRAWAL REQUEST FILED. A
candidate must file a withdrawal request with:
(1) the secretary of state, for a statewide or district office;
or
(2) the authority responsible for having the official ballot
prepared, for a county or precinct office.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 145.034. COPY OF WITHDRAWAL REQUEST DELIVERED TO EXECUTIVE
COMMITTEE. At the same time a withdrawal request is filed, a
candidate must deliver a copy of the request to the chair of the
executive committee authorized to fill a vacancy in the
nomination. If a vacancy exists in the office of chair of a
precinct or district executive committee, the copy must be
delivered to:
(1) the chair of the state executive committee, for a district
office; or
(2) the chair of the county executive committee, for a precinct
office.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 864, Sec. 100, eff. Sept. 1, 1997.
Sec. 145.035. WITHDRAWN, DECEASED, OR INELIGIBLE CANDIDATE'S
NAME OMITTED FROM BALLOT. A candidate's name shall be omitted
from the ballot if the candidate withdraws, dies, or is declared
ineligible on or before the 74th day before election day.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2005, 79th Leg., Ch.
1109, Sec. 7, eff. September 1, 2005.
Sec. 145.036. FILLING VACANCY IN NOMINATION. (a) Except as
provided by Subsection (b), if a candidate's name is to be
omitted from the ballot under Section 145.035, the political
party's state, district, county, or precinct executive committee,
as appropriate for the particular office, may nominate a
replacement candidate to fill the vacancy in the nomination.
(b) An executive committee may make a replacement nomination
following a withdrawal only if:
(1) the candidate:
(A) withdraws because of a catastrophic illness that was
diagnosed after the 62nd day before general primary election day
and the illness would permanently and continuously incapacitate
the candidate and prevent the candidate from performing the
duties of the office sought; and
(B) files with the withdrawal request a certificate describing
the illness and signed by at least two licensed physicians;
(2) no political party that held primary elections has a nominee
for the office sought by the withdrawing candidate as of the time
of the withdrawal; or
(3) the candidate has been elected or appointed to fill a
vacancy in another elective office or has become the nominee for
another office.
(c) Under the circumstances described by Subsection (b)(2), the
appropriate executive committee of each political party making
nominations for the general election for state and county
officers may make a replacement nomination for the office sought
by the withdrawing candidate.
(d) For the purpose of filling a vacancy, a majority of the
committee's membership constitutes a quorum. To be nominated, a
person must receive a favorable vote of a majority of the members
present.
(e) A vacancy in a nomination for a district, county, or
precinct office that was made by primary election may not be
filled before the beginning of the term of office of the county
executive committee members elected in the year in which the
vacancy occurs.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 54, Sec. 20, eff. Sept. 1, 1987;
Acts 1989, 71st Leg., ch. 337, Sec. 1, eff. Sept. 1, 1989; Acts
1997, 75th Leg., ch. 864, Sec. 101, eff. Sept. 1, 1997.
Sec. 145.037. CERTIFICATION OF REPLACEMENT NOMINEE FOR PLACEMENT
ON BALLOT. (a) For the name of a replacement nominee to be
placed on the general election ballot, the chair of the executive
committee making the replacement nomination must certify in
writing the nominee's name for placement on the ballot as
provided by this section.
(b) The certification must be signed and acknowledged by the
chair.
(c) In addition to the name of the replacement nominee, the
certification must include:
(1) the replacement nominee's residence address and mailing
address, if different from the residence address;
(2) the name of the original nominee;
(3) the office sought, including any place number or other
distinguishing number;
(4) the cause of the vacancy;
(5) an identification of the executive committee making the
replacement nomination; and
(6) the date of the replacement nomination.
(d) The chair must deliver the certification to:
(1) the secretary of state, for a statewide or district office;
or
(2) the authority responsible for having the official ballot
prepared, for a county or precinct office.
(e) The certification must be delivered not later than 5 p.m. of
the 70th day before election day.
(f) A certification of a replacement nominee that is delivered
by mail is considered to be delivered at the time of its receipt
by the appropriate authority.
(g) A replacement nominee's name may not be certified if, before
delivering the certification, the certifying authority learns
that the replacement nominee's name is to be omitted from the
ballot under Section 145.035.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 864, Sec. 102, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch.
1109, Sec. 8, eff. September 1, 2005.
Sec. 145.038. FAILURE OF DISTRICT EXECUTIVE COMMITTEE TO MAKE
REPLACEMENT NOMINATION. (a) If a political party's district
executive committee fails to nominate a replacement candidate to
fill a vacancy in a nomination for a district office, the state
executive committee may nominate a candidate to fill the vacancy.
(b) The state chair must deliver the certification of the
replacement nominee not later than 5 p.m. of the 67th day before
election day.
(c) A certification of a replacement nominee that is delivered
by mail is considered to be delivered at the time of its receipt
by the secretary of state.
Amended by Acts 1997, 75th Leg., ch. 864, Sec. 103, eff. Sept. 1,
1997.
Amended by:
Acts 2005, 79th Leg., Ch.
1109, Sec. 9, eff. September 1, 2005.
Sec. 145.039. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO APPEAR
ON GENERAL ELECTION BALLOT. If a candidate dies or is declared
ineligible after the 74th day before election day, the
candidate's name shall be placed on the ballot.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2005, 79th Leg., Ch.
1109, Sec. 10, eff. September 1, 2005.
SUBCHAPTER C. INDEPENDENT CANDIDATE IN GENERAL ELECTION FOR STATE
AND COUNTY OFFICERS
Sec. 145.061. APPLICABILITY OF SUBCHAPTER. This subchapter
applies to an independent candidate in the general election for
state and county officers except a candidate for president or
vice-president of the United States.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 145.062. DEADLINE FOR WITHDRAWAL. A candidate may not
withdraw from the general election after the 74th day before
election day.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2005, 79th Leg., Ch.
1109, Sec. 11, eff. September 1, 2005.
Sec. 145.063. AUTHORITY WITH WHOM WITHDRAWAL REQUEST FILED. A
candidate must file a withdrawal request with the authority with
whom the candidate's application for a place on the ballot is
required to be filed.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 145.064. WITHDRAWN, DECEASED, OR INELIGIBLE CANDIDATE'S
NAME OMITTED FROM BALLOT. (a) Except as provided by Subsection
(b), a candidate's name shall be omitted from the ballot if the
candidate withdraws, dies, or is declared ineligible on or before
the 74th day before election day.
(b) The name of a deceased candidate may not be omitted if:
(1) the decedent was the incumbent in the office for which the
decedent was a candidate; or
(2) no other candidate's name is to appear on the ballot in the
race in which the decedent was a candidate.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 864, Sec. 104, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch.
1109, Sec. 11, eff. September 1, 2005.
Sec. 145.065. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO APPEAR
ON GENERAL ELECTION BALLOT. If a candidate dies or is declared
ineligible after the 74th day before election day, the
candidate's name shall be placed on the ballot.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2005, 79th Leg., Ch.
1109, Sec. 11, eff. September 1, 2005.
SUBCHAPTER D. CANDIDATE IN ELECTION OTHER THAN GENERAL ELECTION
FOR STATE AND COUNTY OFFICERS
Sec. 145.091. APPLICABILITY OF SUBCHAPTER. This subchapter
applies to a candidate in a general or special election, except
the general election for state and county officers.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 145.092. DEADLINE FOR WITHDRAWAL. (a) Except as otherwise
provided by this section, a candidate may not withdraw from an
election after 5 p.m. of the second day before the beginning of
early voting by personal appearance.
(b) A candidate in an election for which the filing deadline for
an application for a place on the ballot is not later than 5 p.m.
of the 62nd day before election day may not withdraw from the
election after 5 p.m. of the 53rd day before election day.
(c) A candidate in a runoff election following a main election
subject to Subsection (a) may not withdraw from the election
after 5 p.m. of the 10th day after the date of the main election
or 5 p.m. of the second day before the beginning of early voting
by personal appearance for the runoff, whichever is earlier.
(d) A candidate in a runoff election following a main election
subject to Subsection (b) may not withdraw from the election
after 5 p.m. of the third day after the date of the main
election.
(e) Section 1.006 does not apply to this section.
(f) A candidate in an election for which the filing deadline for
an application for a place on the ballot is not later than 5 p.m.
of the 70th day before election day may not withdraw from the
election after 5 p.m. of the 67th day before election day.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 472, Sec. 40, eff. Sept. 1, 1987;
Acts 1991, 72nd Leg., ch. 203, Sec. 2.59; Acts 1991, 72nd Leg.,
ch. 554, Sec. 30, eff. Sept. 1, 1991; Acts 2003, 78th Leg., ch.
925, Sec. 5, eff. Nov. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1109, Sec. 12, eff. September 1, 2005.
Sec. 145.093. AUTHORITY WITH WHOM WITHDRAWAL REQUEST FILED. (a)
A candidate must file a withdrawal request with the authority
with whom applications for a place on the ballot are required to
be filed.
(b) If the authority with whom applications for a place on the
ballot are required to be filed is not responsible for having the
official ballot prepared for the election, on the filing of a
withdrawal request, the authority shall certify the candidate's
name in writing as a withdrawn candidate and promptly deliver the
certification to the authority responsible for having the
official ballot prepared.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 145.094. WITHDRAWN, DECEASED, OR INELIGIBLE CANDIDATE'S
NAME OMITTED FROM BALLOT. (a) The name of a candidate shall be
omitted from the ballot if the candidate:
(1) dies before the second day before the date of the deadline
for filing the candidate's application for a place on the ballot;
(2) withdraws or is declared ineligible before 5 p.m. of the
second day before the beginning of early voting by personal
appearance, in an election subject to Section 145.092(a);
(3) withdraws or is declared ineligible before 5 p.m. of the
53rd day before election day, in an election subject to Section
145.092(b); or
(4) withdraws or is declared ineligible before 5 p.m. of the
67th day before election day, in an election subject to Section
145.092(f).
(b) This section does not apply to a runoff election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 472, Sec. 41, eff. Sept. 1, 1987;
Acts 1991, 72nd Leg., ch. 203, Sec. 2.60; Acts 1991, 72nd Leg.,
ch. 554, Sec. 31, eff. Sept. 1, 1991; Acts 2003, 78th Leg., ch.
925, Sec. 6, eff. Nov. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1109, Sec. 13, eff. September 1, 2005.
Sec. 145.095. EFFECT OF WITHDRAWAL FROM RUNOFF. If a runoff
candidate withdraws, the remaining candidate is considered to be
elected and the runoff election for that office is not held.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 145.096. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO APPEAR
ON BALLOT. (a) Except as provided by Subsection (b), a
candidate's name shall be placed on the ballot if the candidate:
(1) dies on or after the second day before the deadline for
filing the candidate's application for a place on the ballot;
(2) is declared ineligible after 5 p.m. of the second day before
the beginning of early voting by personal appearance, in an
election subject to Section 145.092(a);
(3) is declared ineligible after 5 p.m. of the 53rd day before
election day, in an election subject to Section 145.092(b); or
(4) is declared ineligible after 5 p.m. of the 67th day before
election day, in an election subject to Section 145.092(f).
(b) If a candidate in a runoff election dies or is declared
ineligible before runoff election day, the candidate's name shall
be placed on the runoff election ballot.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 472, Sec. 42, eff. Sept. 1, 1987;
Acts 1991, 72nd Leg., ch. 203, Sec. 2.61; Acts 1991, 72nd Leg.,
ch. 554, Sec. 32, eff. Sept. 1, 1991; Acts 2003, 78th Leg., ch.
925, Sec. 7, eff. Nov. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1109, Sec. 14, eff. September 1, 2005.
Sec. 145.097. HOME-RULE CITY CANDIDATE. Provisions governing
the withdrawal, death, or ineligibility of candidates for city
offices prescribed by a home-rule city charter supersede this
chapter to the extent of any conflict, except that this
subchapter prevails in regard to an election subject to Section
145.092(f).
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2005, 79th Leg., Ch.
1109, Sec. 15, eff. September 1, 2005.