CHAPTER 181. PARTY WITH STATE ORGANIZATION - Texas Statutes

ELECTION CODE

TITLE 10. POLITICAL PARTIES

SUBTITLE C. PARTIES NOMINATING BY CONVENTION

CHAPTER 181. PARTY WITH STATE ORGANIZATION

SUBCHAPTER A. NOMINATING BY CONVENTION GENERALLY

Sec. 181.001. APPLICABILITY OF CHAPTER. This chapter applies to

a political party making nominations by convention except a party

making nominations only for county and precinct offices under

Chapter 182.

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

Sec. 181.002. NOMINATING BY CONVENTION AUTHORIZED. A political

party may make nominations for the general election for state and

county officers by convention, as provided by this chapter, if

the party is authorized by Section 172.002 to make nominations by

primary election.

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

Sec. 181.003. NOMINATING BY CONVENTION REQUIRED. A political

party must make nominations for the general election for state

and county officers by convention, as provided by this chapter,

if the party is not required or authorized to nominate by primary

election.

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

Sec. 181.004. PARTY ORGANIZATION. (a) A political party making

nominations under this chapter shall:

(1) establish a state executive committee;

(2) establish a county executive committee for each county in

which the party will hold a county convention; and

(3) select a precinct chair for each election precinct in which

the party will hold a precinct convention.

(b) The party shall provide by rule for the selection of a chair

of the state executive committee and each county executive

committee.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 188, eff. Sept. 1, 1997.

Sec. 181.0041. REGISTRATION OF PARTY REQUIRED. A political

party that intends to make nominations under this chapter for the

general election for state and county officers must register with

the secretary of state, in the manner prescribed by the

secretary, not later than January 2 of the election year.

Added by Acts 1993, 73rd Leg., ch. 728, Sec. 70, eff. Sept. 1,

1993.

Sec. 181.005. QUALIFYING FOR PLACEMENT ON BALLOT BY PARTY

REQUIRED TO NOMINATE BY CONVENTION. (a) To be entitled to have

the names of its nominees placed on the general election ballot,

a political party required to make nominations by convention must

file with the secretary of state, not later than the 75th day

after the date of the precinct conventions held under this

chapter, lists of precinct convention participants indicating

that the number of participants equals at least one percent of

the total number of votes received by all candidates for governor

in the most recent gubernatorial general election. The lists must

include each participant's residence address and voter

registration number.

(b) A political party is entitled to have the names of its

nominees placed on the ballot, without qualifying under

Subsection (a), in each subsequent general election following a

general election in which the party had a nominee for a statewide

office who received a number of votes equal to at least five

percent of the total number of votes received by all candidates

for that office.

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

by Acts 1987, 70th Leg., ch. 472, Sec. 48, eff. Sept. 1, 1987.

Sec. 181.006. PETITION SUPPLEMENTING PRECINCT CONVENTION LISTS.

(a) If the number of precinct convention participants indicated

on the lists filed under Section 181.005 is fewer than the number

required for the political party to qualify to have the names of

its nominees placed on the ballot, the party may qualify by

filing a petition as provided by this section.

(b) A petition must:

(1) satisfy the requirements prescribed by Section 141.062 for a

candidate's petition;

(2) contain signatures in a number that, when added to the

number of convention participants indicated on the lists, equals

at least one percent of the total number of votes received by all

candidates for governor in the most recent gubernatorial general

election; and

(3) be filed with the secretary of state by the state chair

before the deadline for filing the lists of precinct convention

participants.

(c) Except as provided by this section, the petition is subject

to the applicable provisions of Subchapter C, Chapter 141.

(d) A signer's voter registration is not required to be in any

particular territory.

(e) A copy of a request for the withdrawal of a signature must

be delivered to the state chair at the time the withdrawal

request is filed.

(f) The following statement must appear at the top of each page

of the petition: "I know that the purpose of this petition is to

entitle the _______ Party to have its nominees placed on the

ballot in the general election for state and county officers. I

have not voted in a primary election or participated in a

convention of another party during this voting year, and I

understand that I become ineligible to do so by signing this

petition. I understand that signing more than one petition to

entitle a party to have its nominees placed on the general

election ballot in the same election is prohibited."

(g) A person who has voted in a primary election or participated

in a convention of another party during the voting year in which

the petition is circulated is ineligible to sign the petition,

and the signature of such a person is invalid.

(h) A signature is invalid if the person signed the petition

subsequent to signing a petition to qualify another political

party to have the names of its nominees placed on the ballot for

the same election, whether the other party is circulating the

petition under this chapter or under Chapter 182.

(i) On signing the petition, the person becomes ineligible to

affiliate with another party during the voting year in which the

petition is signed.

(j) The petition may not be circulated until after the date of

the party's precinct conventions held under this chapter. A

signature obtained on or before that date is invalid.

(k) The secretary of state shall post a notice of the receipt of

a petition on the bulletin board used for posting notice of

meetings of state governmental bodies. Any person may challenge

the validity of the petition by filing a written statement of the

challenge with the secretary of state not later than the fifth

day after the date notice is posted. The secretary of state may

verify the petition signatures regardless of whether the petition

is timely challenged.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 189, eff. Sept. 1, 1997;

Acts 1997, 75th Leg., ch. 1349, Sec. 64, eff. Sept. 1, 1997.

Sec. 181.007. NOTICE OF QUALIFYING PARTIES. (a) The secretary

of state shall deliver to the authority responsible for having

the official general election ballot prepared in each county

written notice of the name of each party required to nominate by

convention that qualifies to have the names of its nominees

placed on the general election ballot.

(b) The notice shall be delivered at the same time as the

secretary of state's certification of nominees for statewide and

district offices for placement on the general election ballot.

(c) The names of the nominees of a party required to nominate by

convention may not be placed on the ballot without the notice.

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

SUBCHAPTER B. APPLICATION FOR NOMINATION

Sec. 181.031. APPLICATION REQUIRED. (a) To be entitled to be

considered for nomination by a convention held under this

chapter, a person must make an application for nomination.

(b) An application must comply with the requirements prescribed

by Section 141.031 for an application for a place on the ballot,

with changes appropriate to indicate that the application is for

nomination by a convention instead of for a place on the ballot.

(c) This section does not apply to a nomination for an unexpired

term if the vacancy occurs after the 10th day before the date of

the regular deadline for filing an application for convention

nomination.

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

Sec. 181.032. AUTHORITY WITH WHOM APPLICATION FILED. (a) An

application for nomination by a convention must be filed with:

(1) the state chair, for a statewide or district office; or

(2) the county chair, for a county or precinct office.

(b) Not later than the 10th day after the date of the filing

deadline prescribed by Section 181.033, the authority with whom

an application is filed shall deliver to the secretary of state a

list containing:

(1) each candidate's name;

(2) each candidate's residence address;

(3) the office sought by the candidate; and

(4) the date on which the candidate filed the application.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 190, eff. Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

360, Sec. 2, eff. June 19, 2009.

Sec. 181.033. FILING DEADLINE. (a) Except as provided by

Subsection (b), an application for nomination by a convention

must be filed not later than 5 p.m. on January 2 preceding the

convention.

(b) A political party by rule may extend the filing deadline for

applications for nomination for an office for which a candidate

who has made an application withdraws, dies, or is declared

ineligible.

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

by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 23, eff. Sept. 1,

1987.

Sec. 181.034. DISPOSITION OF APPLICATIONS. (a) A political

party shall provide by rule for transmitting information

regarding applications for nomination to the chair of the

appropriate convention.

(b) If an application is delivered to a convention, it shall be

returned to the authority with whom it was filed not later than

the 10th day after the date of the convention.

(c) The authority with whom an application is filed shall

preserve each application for two years after the date of the

appropriate convention.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 191, eff. Sept. 1, 1997.

SUBCHAPTER C. CONVENTIONS

Sec. 181.061. CONVENTIONS AT WHICH NOMINATIONS MADE. (a) A

political party nominating by convention must make its

nominations for statewide offices at a state convention held on

the second Saturday in June of the election year. The state

convention consists of delegates selected at the county

conventions held under Subsection (c).

(b) A party nominating by convention must make its nominations

for offices of districts situated in more than one county at

district conventions held on the second Saturday after the second

Tuesday in March. A district convention consists of delegates

selected at the county conventions held under Subsection (c).

(c) A party nominating by convention must make its nominations

for county and precinct offices and for offices of districts not

situated in more than one county at county conventions held on

the first Saturday after the second Tuesday in March. A county

convention consists of delegates selected at precinct conventions

held on the second Tuesday in March in the regular county

election precincts.

(d) A party by rule may limit the delegates making nominations

to those from the territory from which the office sought is

elected.

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

by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 24, eff. Sept. 1,

1987.

Sec. 181.062. NUMBER OF DELEGATES SELECTED. A political party

shall provide by rule for the number of delegates to be selected

at the precinct conventions for the county conventions and the

number of delegates to be selected at the county conventions for

the district conventions and the state convention held under this

chapter.

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

Sec. 181.063. HOUR AND PLACE OF PRECINCT AND COUNTY CONVENTIONS.

The hours and places for convening the county convention and

precinct conventions held under this chapter shall be set as

provided by Section 174.022(b) for setting the hours and places

of precinct conventions of a party holding a primary election.

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

Sec. 181.064. NOTICE OF HOUR AND PLACE. Notice of the hour and

place for convening the county convention and precinct

conventions held under this chapter shall be posted and delivered

as provided by Section 174.023 for posting and delivering notice

of the hour and place for convening precinct conventions for a

party holding a primary election, except that notice of a county

convention shall:

(1) be posted for the 10 days immediately preceding the date of

the county convention; and

(2) be delivered to the county clerk not later than the 10th day

before the date of the county convention.

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

Sec. 181.065. PARTICIPANT TO BE REGISTERED VOTER. To be

eligible to participate in a precinct convention held under this

chapter, a person must be a registered voter of the precinct or a

precinct resident who is eligible to vote a limited ballot.

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

Sec. 181.066. ORGANIZING PRECINCT CONVENTION. (a) The precinct

chair is the temporary chair of a precinct convention held under

this chapter.

(b) Before conducting business, the temporary chair shall

prepare a list containing the name and residence address of each

person who is admitted to participate in the convention.

(c) The temporary chair shall call the convention to order.

(d) The convention shall select a convention chair. The

convention may select any other officers considered necessary to

conduct the convention's business.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 192, eff. Sept. 1, 1997.

Sec. 181.067. DELIVERY OF LIST OF PRECINCT CONVENTION

PARTICIPANTS. (a) The chair of a precinct convention shall sign

and make a copy of the list of precinct convention participants

required by Section 181.066(b).

(b) The convention chair shall deliver the original and copy to

the county chair not later than the third day after the date of

the precinct convention, except that if delivered by mail they

shall be deposited in the mail not later than the second day

after the date of the precinct convention.

(c) If the party is required to nominate by convention, the

convention chair shall make an additional copy of the list and

deliver it to the state chair not later than the third day after

the date of the precinct convention.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 193, eff. Sept. 1, 1997.

Sec. 181.068. PARTY'S CERTIFICATION OF NOMINEES. (a) The

presiding officer of each convention held under this chapter

shall certify in writing for placement on the general election

ballot the name and address of each candidate nominated by the

convention.

(b) Not later than the 20th day after the date of the convention

making the nomination, the presiding officer shall deliver the

certification to:

(1) the authority responsible for having the official general

election ballot prepared in the county, for certification of a

county or precinct office; or

(2) the secretary of state, for certification of a statewide or

district office.

(c) A presiding officer may not certify a candidate's name if,

before delivering the certification, the presiding officer 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.