CHAPTER 202. VACANCY IN OFFICE OF STATE OR COUNTY GOVERNMENT - Texas Statutes

ELECTION CODE

TITLE 12. ELECTIONS TO FILL VACANCY IN OFFICE

CHAPTER 202. VACANCY IN OFFICE OF STATE OR COUNTY GOVERNMENT

Sec. 202.001. APPLICABILITY OF CHAPTER. This chapter applies to

elective offices of the state and county governments except the

offices of state senator and state representative.

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

Sec. 202.002. VACANCY FILLED AT GENERAL ELECTION. (a) If a

vacancy occurs on or before the 74th day before the general

election for state and county officers held in the next-to-last

even-numbered year of a term of office, the remainder of the

unexpired term shall be filled at the next general election for

state and county officers, as provided by this chapter.

(b) If a vacancy occurs after the 74th day before a general

election day, an election for the unexpired term may not be held

at that general election. The appointment to fill the vacancy

continues until the next succeeding general election and until a

successor has been elected and has qualified for the office.

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

Amended by:

Acts 2005, 79th Leg., Ch.

1109, Sec. 28, eff. September 1, 2005.

Sec. 202.003. NEW OFFICE. (a) Subject to Subsection (b), an

election for the first full term of an office for which no

previous election has been held is governed by the same

provisions as an election for the remainder of an unexpired term,

and for that purpose, references in this chapter to an unexpired

term include a full term in the case of those offices.

(b) If an Act of the legislature creating an office prescribes a

date of creation that is later than the effective date of the

Act, and if an authority authorized to create the office at an

earlier date has not done so, the office shall appear on the

ballot as follows:

(1) if the date of creation occurs in an even-numbered year, the

office appears on the ballot in that even-numbered year;

(2) if the date of creation occurs on or before March 1 of an

odd-numbered year, the office appears on the ballot in the

preceding even-numbered year; and

(3) if the date of creation occurs after March 1 of an

odd-numbered year, the office appears on the ballot in the

subsequent even-numbered year.

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

by Acts 1993, 73rd Leg., ch. 728, Sec. 72, eff. Sept. 1, 1993.

Sec. 202.004. NOMINATION BY PRIMARY ELECTION. (a) A political

party's nominee for an unexpired term must be nominated by

primary election if:

(1) the political party is making nominations by primary

election for the general election in which the vacancy is to be

filled; and

(2) the vacancy occurs on or before the 62nd day before general

primary election day.

(b) If the vacancy occurs on or before the 10th day before the

date of the regular deadline for candidates to file applications

for a place on the general primary ballot, an application for the

unexpired term must be filed by the regular filing deadline.

(c) If the vacancy occurs after the 10th day before the date of

the regular filing deadline, an application for the unexpired

term must be filed not later than 5 p.m. of the 15th day after

the date the vacancy occurs or 5 p.m. of the 60th day before

general primary election day, whichever is earlier.

(d) The filing fee or petition requirements for a candidate for

an unexpired term are the same as for a candidate for a full

term.

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

by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 28, eff. Sept. 1,

1987.

Sec. 202.005. NOMINATION BY CONVENTION. A political party's

nominee for an unexpired term must be nominated by the

appropriate party convention if:

(1) the political party is making nominations by convention for

the general election in which the vacancy is to be filled; and

(2) the vacancy occurs on or before the fourth day before the

date the convention convenes.

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

Sec. 202.006. NOMINATION BY EXECUTIVE COMMITTEE. (a) A

political party's state, district, county, or precinct executive

committee, as appropriate for the particular office, may nominate

a candidate for the unexpired term if:

(1) in the case of a party holding a primary election, the

vacancy occurs after the 62nd day before general primary election

day; or

(2) in the case of a party nominating by convention, the vacancy

occurs after the fourth day before the date the convention having

the power to make a nomination for the office convenes.

(b) The nominating procedure for an unexpired term under this

section is the same as that provided by Subchapter B, Chapter

145, for filling a vacancy in a party's nomination, to the extent

that it can be made applicable.

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

by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 29, eff. Sept. 1,

1987.

Sec. 202.007. FILING DEADLINE FOR APPLICATION OF INDEPENDENT

CANDIDATE. (a) If a vacancy occurs after runoff primary

election day, an independent candidate for the unexpired term

must file the application for a place on the ballot not later

than 5 p.m. of the 30th day after the date the vacancy occurs or

5 p.m. of the 70th day before general election day, whichever is

earlier.

(b) An application filed by mail is considered to be filed at

the time of its receipt by the appropriate authority.

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

Amended by:

Acts 2005, 79th Leg., Ch.

1109, Sec. 29, eff. September 1, 2005.