CHAPTER 145. WITHDRAWAL, DEATH AND INELIGIBILITY OF CANDIDATE - Texas Statutes

ELECTION CODE

TITLE 9. CANDIDATES

CHAPTER 145. WITHDRAWAL, DEATH AND INELIGIBILITY OF CANDIDATE

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 145.001. METHOD FOR WITHDRAWAL AS CANDIDATE. (a) To

withdraw from an election, a candidate whose name is to appear on

the ballot must request that the candidate's name be omitted from

the ballot.

(b) To be effective, a withdrawal request must:

(1) be in writing and be signed and acknowledged by the

candidate; and

(2) be timely filed with the appropriate authority as provided

by this code.

(c) A withdrawal request filed by mail is considered to be filed

at the time of its receipt by the appropriate authority.

(d) The time of a withdrawal is the time that an effective

withdrawal request is filed.

(e) This section does not apply to a candidate for president or

vice-president of the United States.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 98, eff. Sept. 1, 1997.

Sec. 145.002. PROCEDURE FOR OMITTING DECEASED CANDIDATE'S NAME

FROM BALLOT. (a) Except as provided by Subsection (b), if a

candidate's name is to be omitted from the ballot under this code

because the candidate has died, the authority responsible for

having the official ballot prepared shall omit the candidate's

name from the ballot on receipt of reliable information of the

death.

(b) If a deceased candidate's name has been certified by the

secretary of state for placement on the ballot, the candidate's

name may not be omitted from the ballot without authorization

from the secretary of state.

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

Sec. 145.003. ADMINISTRATIVE DECLARATION OF INELIGIBILITY. (a)

Except for a judicial action in which a candidate's eligibility

is in issue, a candidate may be declared ineligible only as

provided by this section.

(b) A candidate in the general election for state and county

officers may be declared ineligible before the 30th day preceding

election day by:

(1) the party officer responsible for certifying the candidate's

name for placement on the general election ballot, in the case of

a candidate who is a political party's nominee; or

(2) the authority with whom the candidate's application for a

place on the ballot is required to be filed, in the case of an

independent candidate.

(c) A candidate in an election other than the general election

for state and county officers may be declared ineligible before

the beginning of early voting by personal appearance by the

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

the office sought by the candidate is required to be filed.

(d) The presiding officer of the final canvassing authority for

the office sought by a candidate may declare the candidate

ineligible after the polls close on election day and, except as

provided by Subsection (e), before a certificate of election is

issued.

(e) In the case of a candidate for governor or lieutenant

governor, a declaration of ineligibility by the final canvassing

authority's presiding officer may not be made after the final

canvass for that office is completed.

(f) A candidate may be declared ineligible only if:

(1) the information on the candidate's application for a place

on the ballot indicates that the candidate is ineligible for the

office; or

(2) facts indicating that the candidate is ineligible are

conclusively established by another public record.

(g) When presented with an application for a place on the ballot

or another public record containing information pertinent to a

candidate's eligibility, the appropriate authority shall promptly

review the record. If the authority determines that the record

establishes ineligibility as provided by Subsection (f), the

authority shall declare the candidate ineligible.

(h) If a candidate is declared ineligible after the deadline for

omitting an ineligible candidate's name from the ballot, the

authority making the declaration shall promptly certify in

writing the declaration of ineligibility to the canvassing

authority for the election.

(i) If a candidate is declared ineligible, the authority making

the declaration shall promptly give written notice of the

declaration of ineligibility to the candidate.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.58; Acts 1991, 72nd

Leg., ch. 554, Sec. 29, eff. Sept. 1, 1991; Acts 1993, 73rd Leg.,

ch. 728, Sec. 56, eff. Sept. 1, 1993.

Sec. 145.004. FINAL JUDGMENT REQUIRED FOR ADJUDICATION OF

INELIGIBILITY. A candidate's entitlement to a place on the

ballot or to a certificate of election is not affected by a

judicial determination that the candidate is ineligible until a

judgment declaring the candidate to be ineligible becomes final.

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

Sec. 145.005. EFFECT OF VOTES CAST FOR DECEASED OR INELIGIBLE

CANDIDATE. (a) If the name of a deceased or ineligible

candidate appears on the ballot under this chapter, the votes

cast for the candidate shall be counted and entered on the

official election returns in the same manner as for the other

candidates.

(b) If the deceased or ineligible candidate receives the vote

required for election, the resulting vacancy shall be filled in

the regular manner.

(c) If the deceased or ineligible candidate and another

candidate tie for the most votes in an election in which a

plurality vote is sufficient for election, the other candidate is

considered to be elected. If more than one other candidate is

tied with the deceased or ineligible candidate, the winner of the

election shall be determined by resolving the tie between the

other candidates in the regular manner for resolving a tie vote

in the election.

(d) In a race in which a runoff is required, if the deceased or

ineligible candidate received the vote that would entitle the

candidate to a place on the runoff election ballot or tied for

that number of votes, the candidates in the runoff shall be

determined in the regular manner but without regard to the votes

received by the deceased or ineligible candidate.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 99, eff. Sept. 1, 1997.

SUBCHAPTER B. PARTY NOMINEE IN GENERAL ELECTION FOR STATE AND

COUNTY OFFICERS

Sec. 145.031. APPLICABILITY OF SUBCHAPTER. This subchapter

applies to a candidate who is a political party's nominee in the

general election for state and county officers except a candidate

for president or vice-president of the United States.

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

Sec. 145.032. DEADLINE FOR WITHDRAWAL. A candidate may not

withdraw from the general election after the 74th day before

election day.

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

Amended by:

Acts 2005, 79th Leg., Ch.

1109, Sec. 7, eff. September 1, 2005.

Sec. 145.033. AUTHORITY WITH WHOM WITHDRAWAL REQUEST FILED. A

candidate must file a withdrawal request with:

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

or

(2) the authority responsible for having the official ballot

prepared, for a county or precinct office.

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

Sec. 145.034. COPY OF WITHDRAWAL REQUEST DELIVERED TO EXECUTIVE

COMMITTEE. At the same time a withdrawal request is filed, a

candidate must deliver a copy of the request to the chair of the

executive committee authorized to fill a vacancy in the

nomination. If a vacancy exists in the office of chair of a

precinct or district executive committee, the copy must be

delivered to:

(1) the chair of the state executive committee, for a district

office; or

(2) the chair of the county executive committee, for a precinct

office.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 100, eff. Sept. 1, 1997.

Sec. 145.035. WITHDRAWN, DECEASED, OR INELIGIBLE CANDIDATE'S

NAME OMITTED FROM BALLOT. A candidate's name shall be omitted

from the ballot if the candidate withdraws, dies, or is declared

ineligible on or before the 74th day before election day.

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

Amended by:

Acts 2005, 79th Leg., Ch.

1109, Sec. 7, eff. September 1, 2005.

Sec. 145.036. FILLING VACANCY IN NOMINATION. (a) Except as

provided by Subsection (b), if a candidate's name is to be

omitted from the ballot under Section 145.035, the political

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

as appropriate for the particular office, may nominate a

replacement candidate to fill the vacancy in the nomination.

(b) An executive committee may make a replacement nomination

following a withdrawal only if:

(1) the candidate:

(A) withdraws because of a catastrophic illness that was

diagnosed after the 62nd day before general primary election day

and the illness would permanently and continuously incapacitate

the candidate and prevent the candidate from performing the

duties of the office sought; and

(B) files with the withdrawal request a certificate describing

the illness and signed by at least two licensed physicians;

(2) no political party that held primary elections has a nominee

for the office sought by the withdrawing candidate as of the time

of the withdrawal; or

(3) the candidate has been elected or appointed to fill a

vacancy in another elective office or has become the nominee for

another office.

(c) Under the circumstances described by Subsection (b)(2), the

appropriate executive committee of each political party making

nominations for the general election for state and county

officers may make a replacement nomination for the office sought

by the withdrawing candidate.

(d) For the purpose of filling a vacancy, a majority of the

committee's membership constitutes a quorum. To be nominated, a

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

present.

(e) A vacancy in a nomination for a district, county, or

precinct office that was made by primary election may not be

filled before the beginning of the term of office of the county

executive committee members elected in the year in which the

vacancy occurs.

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

by Acts 1987, 70th Leg., ch. 54, Sec. 20, eff. Sept. 1, 1987;

Acts 1989, 71st Leg., ch. 337, Sec. 1, eff. Sept. 1, 1989; Acts

1997, 75th Leg., ch. 864, Sec. 101, eff. Sept. 1, 1997.

Sec. 145.037. CERTIFICATION OF REPLACEMENT NOMINEE FOR PLACEMENT

ON BALLOT. (a) For the name of a replacement nominee to be

placed on the general election ballot, the chair of the executive

committee making the replacement nomination must certify in

writing the nominee's name for placement on the ballot as

provided by this section.

(b) The certification must be signed and acknowledged by the

chair.

(c) In addition to the name of the replacement nominee, the

certification must include:

(1) the replacement nominee's residence address and mailing

address, if different from the residence address;

(2) the name of the original nominee;

(3) the office sought, including any place number or other

distinguishing number;

(4) the cause of the vacancy;

(5) an identification of the executive committee making the

replacement nomination; and

(6) the date of the replacement nomination.

(d) The chair must deliver the certification to:

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

or

(2) the authority responsible for having the official ballot

prepared, for a county or precinct office.

(e) The certification must be delivered not later than 5 p.m. of

the 70th day before election day.

(f) A certification of a replacement nominee that is delivered

by mail is considered to be delivered at the time of its receipt

by the appropriate authority.

(g) A replacement nominee's name may not be certified if, before

delivering the certification, the certifying authority learns

that the replacement nominee's name is to be omitted from the

ballot under Section 145.035.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 102, eff. Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

1109, Sec. 8, eff. September 1, 2005.

Sec. 145.038. FAILURE OF DISTRICT EXECUTIVE COMMITTEE TO MAKE

REPLACEMENT NOMINATION. (a) If a political party's district

executive committee fails to nominate a replacement candidate to

fill a vacancy in a nomination for a district office, the state

executive committee may nominate a candidate to fill the vacancy.

(b) The state chair must deliver the certification of the

replacement nominee not later than 5 p.m. of the 67th day before

election day.

(c) A certification of a replacement nominee that is delivered

by mail is considered to be delivered at the time of its receipt

by the secretary of state.

Amended by Acts 1997, 75th Leg., ch. 864, Sec. 103, eff. Sept. 1,

1997.

Amended by:

Acts 2005, 79th Leg., Ch.

1109, Sec. 9, eff. September 1, 2005.

Sec. 145.039. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO APPEAR

ON GENERAL ELECTION BALLOT. If a candidate dies or is declared

ineligible after the 74th day before election day, the

candidate's name shall be placed on the ballot.

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

Amended by:

Acts 2005, 79th Leg., Ch.

1109, Sec. 10, eff. September 1, 2005.

SUBCHAPTER C. INDEPENDENT CANDIDATE IN GENERAL ELECTION FOR STATE

AND COUNTY OFFICERS

Sec. 145.061. APPLICABILITY OF SUBCHAPTER. This subchapter

applies to an independent candidate in the general election for

state and county officers except a candidate for president or

vice-president of the United States.

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

Sec. 145.062. DEADLINE FOR WITHDRAWAL. A candidate may not

withdraw from the general election after the 74th day before

election day.

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

Amended by:

Acts 2005, 79th Leg., Ch.

1109, Sec. 11, eff. September 1, 2005.

Sec. 145.063. AUTHORITY WITH WHOM WITHDRAWAL REQUEST FILED. A

candidate must file a withdrawal request with the authority with

whom the candidate's application for a place on the ballot is

required to be filed.

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

Sec. 145.064. WITHDRAWN, DECEASED, OR INELIGIBLE CANDIDATE'S

NAME OMITTED FROM BALLOT. (a) Except as provided by Subsection

(b), a candidate's name shall be omitted from the ballot if the

candidate withdraws, dies, or is declared ineligible on or before

the 74th day before election day.

(b) The name of a deceased candidate may not be omitted if:

(1) the decedent was the incumbent in the office for which the

decedent was a candidate; or

(2) no other candidate's name is to appear on the ballot in the

race in which the decedent was a candidate.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 104, eff. Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

1109, Sec. 11, eff. September 1, 2005.

Sec. 145.065. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO APPEAR

ON GENERAL ELECTION BALLOT. If a candidate dies or is declared

ineligible after the 74th day before election day, the

candidate's name shall be placed on the ballot.

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

Amended by:

Acts 2005, 79th Leg., Ch.

1109, Sec. 11, eff. September 1, 2005.

SUBCHAPTER D. CANDIDATE IN ELECTION OTHER THAN GENERAL ELECTION

FOR STATE AND COUNTY OFFICERS

Sec. 145.091. APPLICABILITY OF SUBCHAPTER. This subchapter

applies to a candidate in a general or special election, except

the general election for state and county officers.

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

Sec. 145.092. DEADLINE FOR WITHDRAWAL. (a) Except as otherwise

provided by this section, a candidate may not withdraw from an

election after 5 p.m. of the second day before the beginning of

early voting by personal appearance.

(b) A candidate in an election for which the filing deadline for

an application for a place on the ballot is not later than 5 p.m.

of the 62nd day before election day may not withdraw from the

election after 5 p.m. of the 53rd day before election day.

(c) A candidate in a runoff election following a main election

subject to Subsection (a) may not withdraw from the election

after 5 p.m. of the 10th day after the date of the main election

or 5 p.m. of the second day before the beginning of early voting

by personal appearance for the runoff, whichever is earlier.

(d) A candidate in a runoff election following a main election

subject to Subsection (b) may not withdraw from the election

after 5 p.m. of the third day after the date of the main

election.

(e) Section 1.006 does not apply to this section.

(f) A candidate in an election for which the filing deadline for

an application for a place on the ballot is not later than 5 p.m.

of the 70th day before election day may not withdraw from the

election after 5 p.m. of the 67th day before election day.

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

by Acts 1987, 70th Leg., ch. 472, Sec. 40, eff. Sept. 1, 1987;

Acts 1991, 72nd Leg., ch. 203, Sec. 2.59; Acts 1991, 72nd Leg.,

ch. 554, Sec. 30, eff. Sept. 1, 1991; Acts 2003, 78th Leg., ch.

925, Sec. 5, eff. Nov. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1109, Sec. 12, eff. September 1, 2005.

Sec. 145.093. AUTHORITY WITH WHOM WITHDRAWAL REQUEST FILED. (a)

A candidate must file a withdrawal request with the authority

with whom applications for a place on the ballot are required to

be filed.

(b) If the authority with whom applications for a place on the

ballot are required to be filed is not responsible for having the

official ballot prepared for the election, on the filing of a

withdrawal request, the authority shall certify the candidate's

name in writing as a withdrawn candidate and promptly deliver the

certification to the authority responsible for having the

official ballot prepared.

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

Sec. 145.094. WITHDRAWN, DECEASED, OR INELIGIBLE CANDIDATE'S

NAME OMITTED FROM BALLOT. (a) The name of a candidate shall be

omitted from the ballot if the candidate:

(1) dies before the second day before the date of the deadline

for filing the candidate's application for a place on the ballot;

(2) withdraws or is declared ineligible before 5 p.m. of the

second day before the beginning of early voting by personal

appearance, in an election subject to Section 145.092(a);

(3) withdraws or is declared ineligible before 5 p.m. of the

53rd day before election day, in an election subject to Section

145.092(b); or

(4) withdraws or is declared ineligible before 5 p.m. of the

67th day before election day, in an election subject to Section

145.092(f).

(b) This section does not apply to a runoff election.

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

by Acts 1987, 70th Leg., ch. 472, Sec. 41, eff. Sept. 1, 1987;

Acts 1991, 72nd Leg., ch. 203, Sec. 2.60; Acts 1991, 72nd Leg.,

ch. 554, Sec. 31, eff. Sept. 1, 1991; Acts 2003, 78th Leg., ch.

925, Sec. 6, eff. Nov. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1109, Sec. 13, eff. September 1, 2005.

Sec. 145.095. EFFECT OF WITHDRAWAL FROM RUNOFF. If a runoff

candidate withdraws, the remaining candidate is considered to be

elected and the runoff election for that office is not held.

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

Sec. 145.096. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO APPEAR

ON BALLOT. (a) Except as provided by Subsection (b), a

candidate's name shall be placed on the ballot if the candidate:

(1) dies on or after the second day before the deadline for

filing the candidate's application for a place on the ballot;

(2) is declared ineligible after 5 p.m. of the second day before

the beginning of early voting by personal appearance, in an

election subject to Section 145.092(a);

(3) is declared ineligible after 5 p.m. of the 53rd day before

election day, in an election subject to Section 145.092(b); or

(4) is declared ineligible after 5 p.m. of the 67th day before

election day, in an election subject to Section 145.092(f).

(b) If a candidate in a runoff election dies or is declared

ineligible before runoff election day, the candidate's name shall

be placed on the runoff election ballot.

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

by Acts 1987, 70th Leg., ch. 472, Sec. 42, eff. Sept. 1, 1987;

Acts 1991, 72nd Leg., ch. 203, Sec. 2.61; Acts 1991, 72nd Leg.,

ch. 554, Sec. 32, eff. Sept. 1, 1991; Acts 2003, 78th Leg., ch.

925, Sec. 7, eff. Nov. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1109, Sec. 14, eff. September 1, 2005.

Sec. 145.097. HOME-RULE CITY CANDIDATE. Provisions governing

the withdrawal, death, or ineligibility of candidates for city

offices prescribed by a home-rule city charter supersede this

chapter to the extent of any conflict, except that this

subchapter prevails in regard to an election subject to Section

145.092(f).

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

Amended by:

Acts 2005, 79th Leg., Ch.

1109, Sec. 15, eff. September 1, 2005.