CHAPTER 143. CANDIDATE FOR CITY OFFICE - Texas Statutes

ELECTION CODE

TITLE 9. CANDIDATES

CHAPTER 143. CANDIDATE FOR CITY OFFICE

Sec. 143.001. APPLICABILITY OF CHAPTER. This chapter applies to

a candidate for a city office.

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

Sec. 143.002. INDEPENDENT CANDIDACY REQUIRED. Except as

provided by Section 143.003, a candidate's name may appear on the

ballot only as an independent.

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

Sec. 143.003. PARTISAN CANDIDACY FOR HOME-RULE CITY OFFICE

AUTHORIZED. (a) A city charter may authorize nominations of

partisan candidates by political organizations for an office of a

home-rule city. Implementing regulations may be prescribed by the

charter or by ordinance under charter authorization.

(b) If under Section 232, Texas Election Code (Article 13.55,

Vernon's Texas Election Code), as it existed before the adoption

of this code, a candidate for a home-rule city office is

nominated for an election held after January 1, 1975, and before

the effective date of this code, Section 232, Texas Election

Code, continues in effect for the purpose of nominating partisan

candidates for that city's offices until the adoption of a

charter provision authorizing or prohibiting partisan

nominations.

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

Sec. 143.004. APPLICATION REQUIRED. Subject to Section 143.005,

to be entitled to a place on the ballot, a candidate must make an

application for a place on the ballot.

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

Sec. 143.005. APPLICATION FOR HOME-RULE CITY OFFICE. (a) A

city charter may prescribe requirements in connection with a

candidate's application for a place on the ballot for an office

of a home-rule city. This section does not authorize a city

charter requirement in connection with the timely filing of an

application, and any charter requirement related to an

application's timely filing is superseded by Section 143.007 and

other applicable filing provisions prescribed by this code.

(b) If a city charter prescribes the requirements that a

candidate's application must satisfy for the candidate's name to

be placed on the ballot, Section 141.031(a)(4)(L) also applies

to the application. The other provisions of Section 141.031 do

not apply.

(c) If a city charter requires candidates to pay a filing fee,

the amount of the fee and an alternative procedure to payment of

the fee shall be prescribed by the charter or by ordinance under

charter authorization. However, if an ordinance prescribing an

alternative procedure to payment of a filing fee is adopted

before the effective date of this code without charter

authorization, the ordinance, as it exists on the effective date

of this code, continues in effect until the adoption of a charter

provision prescribing an alternative procedure or authorizing

prescription of an alternative procedure by ordinance.

(d) For any petition required or authorized to be filed in

connection with a candidate's application for a place on the

ballot for an office of a home-rule city, the minimum number of

signatures that must appear on the petition is the greater of:

(1) 25; or

(2) one-half of one percent of the total vote received in the

territory from which the office is elected by all candidates for

mayor in the most recent mayoral general election.

(e) If the city charter of a home-rule city with a population of

more than 1.18 million that holds nonpartisan elections for its

offices requires both a petition and a $50 fee to be filed for a

candidate's name to be placed on the ballot, those requirements

supersede this section.

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

by Acts 1987, 70th Leg., ch. 54, Sec. 11(a), eff. Sept. 1, 1987;

Acts 1987, 70th Leg., ch. 427, Sec. 5, eff. Sept. 1, 1987; Acts

1991, 72nd Leg., ch. 597, Sec. 66, eff. Sept. 1, 1991; Acts 2001,

77th Leg., ch. 669, Sec. 15, eff. Sept. 1, 2001; Acts 2003, 78th

Leg., ch. 695, Sec. 1, eff. June 20, 2003.

Amended by:

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

614, Sec. 30, eff. September 1, 2007.

Sec. 143.006. AUTHORITY WITH WHOM APPLICATION FILED. (a)

Except as provided by Subsections (b) and (c), an application for

a place on the ballot must be filed with the city secretary.

(b) An authority other than the city secretary may be designated

to receive applications by a home-rule city charter or ordinance

adopted under charter authorization.

(c) An application for a place on the ballot for the first

election of officers following the incorporation of a city must

be filed with the authority designated by law.

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

Sec. 143.007. FILING PERIOD. (a) Except as otherwise provided

by this code, an application for a place on the ballot must be

filed not later than 5 p.m. of the 62nd day before election day.

An application may not be filed earlier than the 30th day before

the date of the filing deadline.

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

the time of its receipt by the appropriate authority.

(c) For an election to be held on the date of the general

election for state and county officers, the day of the filing

deadline is the 70th day before election day.

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

by Acts 2003, 78th Leg., ch. 925, Sec. 2, eff. Nov. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1109, Sec. 3, eff. September 1, 2005.

Sec. 143.008. EXTENDED FILING DEADLINE FOR CERTAIN OFFICES. (a)

This section applies only to an office with a four-year term.

(b) If at the deadline prescribed by Section 143.007 no

candidate has filed an application for a place on the ballot for

an office, the filing deadline for that office is extended to 5

p.m. of the 57th day before election day.

(c) This section does not apply to an election to be held on the

date of the general election for state and county officers.

Added by Acts 1987, 70th Leg., ch. 133, Sec. 1, eff. Sept. 1,

1987. Amended by Acts 2003, 78th Leg., ch. 925, Sec. 3, eff. Nov.

1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1109, Sec. 4, eff. September 1, 2005.