CHAPTER 161. GENERAL PROVISIONS - Texas Statutes

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.