CHAPTER 171. ORGANIZATION - Texas Statutes

ELECTION CODE

TITLE 10. POLITICAL PARTIES

SUBTITLE B. PARTIES NOMINATING BY PRIMARY ELECTION

CHAPTER 171. ORGANIZATION

SUBCHAPTER A. STATE EXECUTIVE COMMITTEE

Sec. 171.001. STATE EXECUTIVE COMMITTEE ESTABLISHED. A state

executive committee is established as provided by this subchapter

for each political party holding a primary election in this

state.

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

Sec. 171.002. COMMITTEE COMPOSITION. (a) The state executive

committee consists of two members from each state senatorial

district. One of each district's members must be a man and the

other a woman.

(b) In addition to the members representing the senatorial

districts, the committee has a chair and a vice chair, one of

whom must be a man and the other a woman. Except as otherwise

provided by party rule, the chair and vice chair are considered

members of the committee.

(c) The chair, vice chair, and members representing the

senatorial districts are elected at the party's biennial state

convention. However, the chair, vice chair, and members may be

elected for four-year terms at the state convention held in

gubernatorial election years. Each holds office until a successor

is elected and assumes office.

(d) The members elected to represent a particular senatorial

district must be those recommended by the convention delegates

representing that senatorial district.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 112, eff. Sept. 1, 1997.

Sec. 171.003. FILLING VACANCY. (a) The state executive

committee shall fill by appointment any vacancy on the committee,

including a vacancy in the office of chair or vice chair.

(b) A majority of the committee's membership constitutes a

quorum for the purpose of filling a vacancy. To be elected, a

person must receive a favorable vote of a majority of the members

voting.

(c) To be eligible to serve as a replacement to fill a vacancy

in a membership representing a senatorial district, a person must

reside in the district.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 113, eff. Sept. 1, 1997.

Sec. 171.004. PROXY. (a) To participate in a state executive

committee meeting as a proxy for a member representing a

senatorial district, a person must reside in that district.

(b) A person may not hold more than one proxy at any meeting.

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

SUBCHAPTER B. COUNTY EXECUTIVE COMMITTEE

Sec. 171.021. COUNTY EXECUTIVE COMMITTEE ESTABLISHED. For each

county in which a primary election is held, a county executive

committee is established as provided by this subchapter for the

political party holding the primary.

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

Sec. 171.022. COMMITTEE COMPOSITION. (a) A county executive

committee consists of:

(1) a county chair, who is the presiding officer, elected at the

general primary election by majority vote of the qualified voters

of the county who vote in the primary on that office or appointed

by the county executive committee as provided by this subchapter;

and

(2) a precinct chair from each county election precinct, elected

at the general primary by majority vote of the qualified voters

of the precinct who vote in the primary on that office, subject

to Section 171.0221, or appointed by the county executive

committee as provided by this subchapter.

(b) Except as provided by Subsection (d), if no candidate

receives a majority of the votes, a runoff to determine the

office is conducted in the same manner as a runoff primary

election to determine a nomination for public office. The

candidates to be in a runoff are determined in the same manner as

candidates in a runoff for a nomination.

(c) Each committee member serves for a term of two years

beginning the 20th day after runoff primary election day.

(d) The state executive committee by rule may provide for the

election of the county chair or precinct chairs of a particular

county by plurality vote.

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

by Acts 1993, 73rd Leg., ch. 728, Sec. 63, eff. Sept. 1, 1993;

Acts 1997, 75th Leg., ch. 499, Sec. 1, eff. Sept. 1, 1997; Acts

1997, 75th Leg., ch. 864, Sec. 114, eff. Sept. 1, 1997; Acts

1997, 75th Leg., ch. 1349, Sec. 59, eff. Sept. 1, 1997.

Sec. 171.0221. ELECTION NOT HELD FOR OFFICE OF PRECINCT CHAIR.

(a) If only one candidate's name is to be placed on the ballot

for the office of precinct chair and no candidate's name is to be

placed on the list of write-in candidates for that office, the

election for that office is not held, and the unopposed

candidate, if otherwise eligible, shall be declared elected to

the office at the time of the local canvass.

(b) The county chair shall prepare a sign that states: "Pursuant

to Section 171.0221, Election Code, (insert name of unopposed

candidate for precinct chair), if otherwise eligible, shall be

declared elected to the office of precinct chair at the time of

the local canvass." The county chair shall distribute copies of

the sign to the presiding judge of the election precinct with the

other election supplies. An election officer shall post the sign

in one or more locations in the polling place where it can be

read by persons waiting to vote.

(c) The county chair shall post the name of a candidate declared

elected under Subsection (a) at a public place in the election

precinct.

Added by Acts 1997, 75th Leg., ch. 499, Sec. 2, eff. Sept. 1,

1997.

Sec. 171.023. RESIDENCE OF PRECINCT CHAIR. (a) To be eligible

to be a candidate for or to serve as a precinct chair, a person

must reside in the election precinct in addition to satisfying

the other applicable eligibility requirements.

(b) A change in a county election precinct boundary creates a

vacancy in the office of precinct chair if more than one precinct

chair resides in the changed precinct or if none resides there.

(c) For the purpose of determining whether a precinct chair is a

resident of a particular county election precinct, a change in a

precinct boundary is not effective until February 1 following the

adoption of the order making the change, except as provided by

Subsection (d).

(d) If a change in a precinct boundary made by an order adopted

on or after February 1 of a primary election year is scheduled to

become effective before general primary election day, the change

is effective on the date the order is adopted for the purpose

specified by Subsection (c).

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

by Acts 1997, 75th Leg., ch. 864, Sec. 115, eff. Sept. 1, 1997;

Acts 1999, 76th Leg., ch. 62, Sec. 5.12, eff. Sept. 1, 1999.

Sec. 171.0231. WRITE-IN CANDIDATE FOR COUNTY CHAIR OR PRECINCT

CHAIR. (a) A write-in vote for the office of county chair or

precinct chair may not be counted unless the name written in

appears on the list of write-in candidates.

(b) To be entitled to a place on the list of write-in

candidates, a candidate must make a declaration of write-in

candidacy.

(c) A declaration of write-in candidacy must be filed with the

authority with whom an application for a place on the ballot is

required to be filed for the office.

(d) A declaration of write-in candidacy must be filed not later

than 5 p.m. of the 62nd day before general primary election day.

However, if a candidate whose name is to appear on the ballot for

the office of county chair or precinct chair dies or is declared

ineligible after the third day before the date of the regular

filing deadline prescribed by this subsection, a declaration of

write-in candidacy for the office sought by the deceased or

ineligible candidate may be filed not later than 5 p.m. of the

59th day before election day.

(e) With the appropriate modifications and to the extent

practicable, Subchapter B, Chapter 146, applies to write-in

voting for the office of county chair or precinct chair.

(f) Repealed by Acts 2003, 78th Leg., ch. 729, Sec. 3.

(g) The secretary of state shall prescribe any procedures

necessary to implement this section.

Added by Acts 1997, 75th Leg., ch. 499, Sec. 3, eff. Sept. 1,

1997. Amended by Acts 2003, 78th Leg., ch. 729, Sec. 1 to 3, eff.

Sept. 1, 2003.

Sec. 171.024. FILLING VACANCY. (a) The county executive

committee shall fill by appointment any vacancy on the committee.

(b) Except as provided by Subsection (c), a majority of the

committee's membership must participate in filling a vacancy. To

be elected, a person must receive a favorable vote of a majority

of the members voting.

(c) A vacancy in the office of precinct chair may be filled

without participation of the majority of the committee membership

if only one person is a candidate to fill the vacancy and the

person:

(1) was elected as a precinct chair in the most recent primary

election in the county; and

(2) is eligible to serve in the vacant office.

(d) A vacancy may not be filled before the beginning of the term

of office in which the vacancy occurs.

(e) After a vacancy is filled, the county chair shall promptly

deliver written notice of the replacement member's name and

address to the state chair and to the county clerk.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 116, eff. Sept. 1, 1997;

Acts 1997, 75th Leg., ch. 1349, Sec. 60, eff. Sept. 1, 1997.

Sec. 171.025. PROCEDURE FOR FILLING VACANCY IN OFFICE OF COUNTY

CHAIR. (a) If a vacancy occurs in the office of county chair,

the secretary of the county executive committee shall call a

meeting for the purpose of filling the vacancy. If a committee

member files with the secretary a written request for a meeting

to fill a vacancy, the secretary shall call the meeting to

convene not later than the 20th day after the date the secretary

receives the request.

(b) If the committee does not have a secretary or if after

receiving a written request under Subsection (a) the secretary

fails to call the meeting, the state chair, on written request of

a member of the county executive committee filed with the state

chair, shall call the meeting to convene not later than the 20th

day after the date the chair receives the request.

(c) The authority calling the meeting shall notify each

committee member in advance of the meeting of its time, place,

and purpose.

(d) The authority calling the meeting shall designate a

committee member as temporary chair, who shall call the meeting

to order and preside until the vacancy is filled.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 117, eff. Sept. 1, 1997.

Sec. 171.0251. TEMPORARY REPLACEMENT OF COMMITTEE MEMBER IN

MILITARY. (a) In this section, "armed forces of the United

States" means the United States Army, the United States Navy, the

United States Air Force, the United States Marine Corps, the

United States Coast Guard, any reserve or auxiliary component of

any of those services, or the National Guard.

(b) A member of the county executive committee who enters active

duty in the armed forces of the United States as a result of

being called to duty, drafted, or activated does not vacate the

office held, but the committee member may appoint a replacement

to serve as a temporary acting officer if the committee member

will be unable to fulfill the member's duties, due to the

member's obligations to the armed forces of the United States.

(c) The temporary acting officer appointed as provided by

Subsection (b) must be:

(1) a member of the same political party as the committee member

being temporarily replaced; and

(2) qualified for office under Section 161.005.

(d) The temporary acting officer appointed as provided by

Subsection (b) has all the powers, privileges, and duties of the

office and is entitled to the same compensation, payable in the

same manner and from the same source, as the member of the county

executive committee who is temporarily replaced.

(e) The temporary acting officer appointed as provided by

Subsection (b) shall perform the duties of the committee member

until the earlier of:

(1) the date the active military service of the committee member

who is temporarily replaced ends; or

(2) the date the term of office of the committee member who is

temporarily replaced expires.

Added by Acts 2005, 79th Leg., Ch.

654, Sec. 1, eff. June 17, 2005.

Sec. 171.026. PROXY NOT ALLOWED. A person may not participate

in a county executive committee meeting as a proxy.

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

Sec. 171.027. TEMPORARY COMMITTEE. (a) If a county executive

committee for a political party does not exist in a county in

which the party is holding a primary election, the party shall

establish a temporary county executive committee as provided by

this section.

(b) The state executive committee or the state chair shall

appoint a temporary county chair. If the state chair appoints a

temporary county chair, the state executive committee at the next

regular meeting of the committee shall ratify the appointment of

the temporary county chair or appoint another person as temporary

county chair. A favorable vote of a majority of the members of

the committee voting is required for ratification or an

appointment.

(c) The temporary county chair shall call, for the purpose of

electing the other members of a temporary county executive

committee, a meeting of the voters of the county who consider

themselves to be aligned with the party. The voters present at

the meeting shall elect the other members of the committee.

(d) The eligibility requirements for serving as a member of a

temporary county executive committee are the same as those for

serving as a member of a regularly constituted county executive

committee except that affiliation with the political party is not

required.

(e) A temporary county executive committee may exercise the

authority and shall perform the duties of a regularly constituted

county executive committee.

(f) A county executive committee for a county served by a

temporary committee shall be elected at the general primary

election. The temporary committee members serve until the elected

members assume office.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 118, eff. Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

215, Sec. 1, eff. September 1, 2007.

Sec. 171.028. COUNTY CHAIR TRANSITION. (a) Not later than the

30th day after the date the term of office of a new county chair

begins, the person formerly serving as the county chair shall

transfer to the new county chair:

(1) local party bank accounts over which the former county chair

has authority; and

(2) the following original records that are in the possession of

the former county chair:

(A) precinct chair and county chair canvass results;

(B) candidate applications;

(C) paperwork related to the primary election; and

(D) other documents concerning party affairs.

(b) Before transferring records to a new county chair under

Subsection (a), the person formerly serving as the county chair

may make copies of those records.

Added by Acts 2007, 80th Leg., R.S., Ch.

173, Sec. 1, eff. May 23, 2007.

SUBCHAPTER C. DISTRICT EXECUTIVE COMMITTEE

Sec. 171.051. DISTRICT EXECUTIVE COMMITTEE ESTABLISHED. For

each district from which an officer of the federal or state

government is elected, a district executive committee is

established as provided by this subchapter for each political

party holding a primary election.

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

Sec. 171.052. COMMITTEE COMPOSITION: DISTRICT COTERMINOUS WITH

COUNTY. The district executive committee for a district that is

coterminous with a single county consists of the county executive

committee, with the county chair serving as chair of the district

committee.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 119, eff. Sept. 1, 1997.

Sec. 171.053. COMMITTEE COMPOSITION: DISTRICT COMPRISING PART OF

A COUNTY; FIRST MEETING. (a) The district executive committee

for a district comprising only a part of a single county consists

of the precinct chairs of the county election precincts in the

district.

(b) The members of a district executive committee shall elect a

chair at the committee's first meeting from among the committee

membership.

(c) Except as provided by Subsection (d), the county chair shall

call the first meeting of the district executive committee to

convene at any time after the precinct chairs take office. The

county chair shall notify each committee member in advance of the

meeting of its time, place, and purpose.

(d) If a vacancy exists in the office of chair of a senatorial

district executive committee immediately before the date for

conducting the regular drawing for a place on the general primary

ballot, the committee shall convene on that date at the hour and

place specified by the county chair to elect the district

executive committee chair.

(e) Not later than the third day after the date the chair for a

senatorial district executive committee is elected, the county

chair shall deliver to the state chair written notice of the name

and address of the person elected.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 120, eff. Sept. 1, 1997.

Sec. 171.054. COMMITTEE COMPOSITION: DISTRICT SITUATED IN MORE

THAN ONE COUNTY; FIRST MEETING. (a) The district executive

committee for a district situated in more than one county

consists of:

(1) the county chair of each county that is wholly situated in

the district; and

(2) one precinct chair from each county that is only partly

situated in the district, elected by and from among the precinct

chairs of the precincts in that part of the county.

(b) Except as provided by Subsection (c), the county chair shall

call a meeting to convene at any time after the precinct chairs

take office to elect the precinct chair who is to serve on a

district executive committee. The county chair shall notify the

appropriate precinct chairs in advance of the meeting of its

time, place, and purpose. Not later than the third day after the

date the district executive committee member is elected, the

county chair shall deliver to the state chair written notice of

the name and address of the person elected.

(c) If a vacancy exists in the office of precinct chair on a

senatorial district executive committee immediately before the

date for conducting the regular drawing for a place on the

general primary ballot, the appropriate precinct chairs shall

convene on that date at the hour and place specified by the

county chair to elect that officer.

(d) The members of a district executive committee shall elect a

chair at the committee's first meeting from among the committee

membership.

(e) The state chair shall call the first meeting of the district

executive committee and shall notify each committee member in

advance of the meeting of its time, place, and purpose.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 121, eff. Sept. 1, 1997.

SUBCHAPTER D. PRECINCT EXECUTIVE COMMITTEE

Sec. 171.071. PRECINCT EXECUTIVE COMMITTEE ESTABLISHED. For

each commissioners precinct and for each justice precinct, a

precinct executive committee is established as provided by this

subchapter for each political party holding a primary election.

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

Sec. 171.072. COMMITTEE COMPOSITION: PRECINCT WITH THREE OR MORE

ELECTION PRECINCTS; FIRST MEETING. (a) The precinct executive

committee for a commissioners precinct or for a justice precinct

containing three or more county election precincts consists of

the precinct chair of each county election precinct in the

commissioners or justice precinct, as applicable.

(b) The members of a precinct executive committee shall elect a

chair at the committee's first meeting from among the committee

membership.

(c) The county chair shall call the first meeting of the

precinct executive committee and shall notify each committee

member in advance of the meeting of its time, place, and purpose.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 122, eff. Sept. 1, 1997.

Sec. 171.073. COMMITTEE COMPOSITION: PRECINCT WITH FEWER THAN

THREE ELECTION PRECINCTS. The precinct executive committee for a

commissioners precinct or for a justice precinct containing fewer

than three county election precincts consists of the county

executive committee, with the county chair serving as chair of

the precinct committee.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 123, eff. Sept. 1, 1997.