CHAPTER 162. REGULATING PARTICIPATION IN PARTY AFFAIRS - Texas Statutes

ELECTION CODE

TITLE 10. POLITICAL PARTIES

SUBTITLE A. INTRODUCTORY PROVISIONS

CHAPTER 162. REGULATING PARTICIPATION IN PARTY AFFAIRS

Sec. 162.001. AFFILIATION WITH PARTY REQUIRED. (a) A person

must be affiliated with a political party to be eligible to:

(1) serve as a delegate to or otherwise participate in a

convention held by the party under this code;

(2) be elected as a member of or be appointed to fill a vacancy

on a state executive committee; or

(3) be appointed to fill a vacancy on a county executive

committee.

(b) The affiliation requirement prescribed by Subsections (a)(2)

and (3) applies only during a voting year in which the general

election for state and county officers is held and does not apply

until:

(1) general primary election day, for a party holding a primary

election; or

(2) the date of the precinct conventions held under this title,

for a party nominating by convention.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 162.002. ELIGIBILITY TO AFFILIATE. To be eligible to

affiliate with a political party, a person must be:

(1) a registered voter; or

(2) eligible to vote a limited ballot at the time of

affiliating.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 162.003. AFFILIATION BY VOTING IN PRIMARY. A person

becomes affiliated with a political party when the person:

(1) is accepted to vote in the party's primary election; or

(2) applies for and is provided an early voting or limited

primary ballot to be voted by mail.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.62; Acts 1991, 72nd

Leg., ch. 554, Sec. 33, eff. Sept. 1, 1991.

Sec. 162.004. AFFILIATION PROCEDURE: VOTING AT POLLING PLACE.

(a) The signature roster for a primary election must state at

the top of each page: "A person commits a criminal offense if the

person knowingly votes in a primary election or participates in a

convention of a party after having voted in a primary election or

participated in a convention of another party during the same

voting year."

(b) An election officer at a primary election polling place

shall stamp the party's name in the party affiliation space of

the registration certificate of each voter who presents the

voter's registration certificate and is accepted to vote unless

the party name has already been stamped in the space.

(c) If a voter is accepted to vote without presenting a

registration certificate, the presiding judge shall issue the

voter an affiliation certificate. The certificate is not required

to be issued to a voter in a runoff primary unless the voter

requests it.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 107, eff. Sept. 1, 1997.

Sec. 162.005. AFFILIATION PROCEDURE: EARLY VOTING BY MAIL. The

early voting clerk in a general primary election shall provide an

affiliation certificate with each early voting or limited ballot

to be voted by mail. The certificate is not required to be

provided to an applicant for a runoff primary ballot unless the

applicant requests it.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.63; Acts 1991, 72nd

Leg., ch. 554, Sec. 34, eff. Sept. 1, 1991.

Sec. 162.006. AFFILIATION BY TAKING OATH. A person becomes

affiliated with a political party when the person takes an oath

of affiliation as provided by Section 162.007 or 162.008.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 162.007. AFFILIATION PROCEDURE: TAKING OATH AT PRECINCT

CONVENTION. (a) This section applies only to a precinct

convention held under this title by a political party making

nominations by convention.

(b) On admitting a person for participation in the convention,

the temporary chair shall administer to the person the following

oath: "I swear that I have not voted in a primary election or

participated in a convention of another party during this voting

year. I hereby affiliate myself with the __________ Party."

(c) After administering the oath, the temporary chair shall

request the person's registration certificate and stamp the

party's name in the party affiliation space unless the party name

has already been stamped in the space. If the person does not

present a registration certificate, the temporary chair on the

person's request shall issue the person an affiliation

certificate.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 108, eff. Sept. 1, 1997.

Sec. 162.008. AFFILIATION PROCEDURE: TAKING OATH GENERALLY. (a)

This section applies only to a person desiring to affiliate with

a political party during that part of a voting year in which the

general election for state and county officers is held that

follows:

(1) the date of the precinct conventions held under this title,

for a party nominating by convention; or

(2) 7 p.m. on general primary election day, for a party holding

a primary election.

(b) On request of a person desiring to affiliate with a

political party, a member of the county executive committee for

the county in which the person resides shall administer the oath

prescribed by Section 162.007(b).

(c) After administering the oath, the committee member shall

stamp the party's name on the person's registration certificate

or issue the person an affiliation certificate as provided by

Section 162.007(c).

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 109, eff. Sept. 1, 1997;

Acts 1997, 75th Leg., ch. 1349, Sec. 58, eff. Sept. 1, 1997.

Sec. 162.009. CONTENTS OF AFFILIATION CERTIFICATE. The

authority issuing an affiliation certificate under this chapter

shall enter on the certificate:

(1) the name of the person to whom the certificate is issued;

(2) the name of the political party of the affiliation;

(3) the name and official position of the issuing authority;

(4) the party function at which the affiliation occurred, if

applicable; and

(5) the date of affiliation.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 162.010. DURATION OF AFFILIATION. A party affiliation

expires at the end of the voting year in which the person became

affiliated.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 162.011. PRESENTATION OF FALSE EVIDENCE OF AFFILIATION

PROHIBITED. (a) A person commits an offense if for the purpose

of participating in a political party's convention the person

presents to a party official:

(1) an affiliation certificate that the person knows was not

issued in compliance with this chapter; or

(2) a voter registration certificate with a party affiliation

stamp that the person knows was not obtained in compliance with

this chapter.

(b) An offense under this section is a Class C misdemeanor.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 162.012. INELIGIBILITY TO AFFILIATE WITH ANOTHER PARTY. A

person who is affiliated with a political party is ineligible to

become affiliated with another political party during the same

voting year.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 162.013. VOID VOTE. A vote in a primary election is void

if the voter previously voted in a primary election of another

party or participated in a convention of another party during the

same voting year.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 162.014. UNLAWFUL PARTICIPATION IN PARTY AFFAIRS. (a) A

person commits an offense if the person knowingly votes or

attempts to vote in a primary election or participates or

attempts to participate in a convention of a party after having

voted in a primary election or participated in a convention of

another party during the same voting year.

(b) An offense under this section is a Class C misdemeanor.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 162.015. RESTRICTIONS ON CANDIDACY IN GENERAL ELECTION BY

CANDIDATE OR VOTER IN PRIMARY. (a) A person who voted at a

primary election or who was a candidate for nomination in a

primary is ineligible for a place on the ballot for the

succeeding general election for state and county officers as:

(1) an independent candidate for an office for which a candidate

was nominated in the primary; or

(2) the nominee of a political party other than the party

holding the primary in which the person voted or was a candidate.

(b) A person who was a candidate for nomination in a primary

election is ineligible for a place on the list of write-in

candidates for the succeeding general election for state and

county officers as a write-in candidate for the office sought by

that candidate in the primary.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1991, 72nd Leg., ch. 363, Sec. 2, eff. Sept. 1, 1991.

Sec. 162.016. WITHDRAWN CONVENTION NOMINEE INELIGIBLE FOR

ANOTHER NOMINATION. If a person nominated by a convention

withdraws from the general election for state and county

officers, the person is ineligible for a place on the general

election ballot as the party's nominee for another office unless

the second nomination is for an unexpired term for which the

vacancy occurred too late for a convention to make a nomination

under Section 202.005.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.