Law:Title 9. Candidates from Chapter 145. Withdrawal, Death And Ineligibility Of Candidate (Texas)

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Contents

Chapter 145. Withdrawal, Death And Ineligibility Of Candidate

Subchapter A. General Provisions

Section  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.



Section  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.



Section  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.



Section  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.



Section  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

Section  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.



Section 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.



Section  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.



Section  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.



Section 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.



Section  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.



Section  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.



Section  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.



Section 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

Section  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.



Section 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.



Section  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.



Section 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.



Section 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

Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section 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.


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