CHAPTER 146. WRITE-IN CANDIDATE - Texas Statutes

ELECTION CODE

TITLE 9. CANDIDATES

CHAPTER 146. WRITE-IN CANDIDATE

SUBCHAPTER A. WRITE-INS GENERALLY

Sec. 146.001. WRITE-IN VOTES PERMITTED. Except as otherwise

provided by law, if the name of the person for whom a voter

desires to vote does not appear on the ballot, the voter may

write in the name of that person.

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

Sec. 146.002. WRITE-IN VOTING IN RUNOFF PROHIBITED. Write-in

voting is not permitted in a runoff election.

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

SUBCHAPTER B. WRITE-IN CANDIDATE IN GENERAL ELECTION FOR STATE

AND COUNTY OFFICERS

Sec. 146.021. APPLICABILITY OF SUBCHAPTER. This subchapter

applies to a write-in candidate for an office that is to be voted

on at the general election for state and county officers.

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

Sec. 146.022. CANDIDATE'S NAME REQUIRED TO APPEAR ON LIST. A

write-in vote may not be counted unless the name written in

appears on the list of write-in candidates required by Section

146.031.

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

Sec. 146.023. DECLARATION OF WRITE-IN CANDIDACY REQUIRED. (a)

To be entitled to a place on the list of write-in candidates, a

candidate must make a declaration of write-in candidacy.

(b) A declaration of write-in candidacy must, in addition to

satisfying the requirements prescribed by Section 141.031 for an

application for a place on the ballot, be accompanied by the

appropriate filing fee or, instead of the filing fee, a petition

that satisfies the requirements prescribed by Subchapter C,

Chapter 141.

(c) A candidate may not file a declaration of write-in candidacy

for more than one office. If a person files more than one

declaration of write-in candidacy in violation of this

subsection, each declaration filed subsequent to the first one

filed is invalid.

(d) A declaration of write-in candidacy is public information

immediately on its filing.

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

by Acts 1991, 72nd Leg., ch. 170, Sec. 1, eff. Sept. 1, 1991;

Acts 1993, 73rd Leg., ch. 728, Sec. 58, eff. Sept. 1, 1993.

Sec. 146.0231. FILING FEE. (a) The filing fee for a write-in

candidate is the amount prescribed by Section 172.024 for a

candidate for nomination for the same office in a general primary

election.

(b) A filing fee received by the secretary of state shall be

deposited in the state treasury to the credit of the general

revenue fund.

(c) A filing fee received by the county judge shall be deposited

in the county treasury to the credit of the county general fund.

Added by Acts 1991, 72nd Leg., ch. 170, Sec. 1, eff. Sept. 1,

1991.

Sec. 146.0232. NUMBER OF PETITION SIGNATURES REQUIRED. The

minimum number of signatures that must appear on the petition

authorized by Section 146.023(b) is the number prescribed by

Section 172.025 to appear on a petition of a candidate for

nomination for the same office in a general primary election.

Added by Acts 1991, 72nd Leg., ch. 170, Sec. 1, eff. Sept. 1,

1991.

Sec. 146.024. AUTHORITY WITH WHOM DECLARATION FILED. A

declaration of write-in candidacy must be filed with:

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

or

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

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

Sec. 146.025. FILING PERIOD. (a) A declaration of write-in

candidacy must be filed not later than 5 p.m. of the 70th day

before general election day, except as otherwise provided by this

code. A declaration may not be filed earlier than the 30th day

before the date of the regular filing deadline.

(b) If a candidate whose name is to appear on the general

election ballot dies or is declared ineligible after the third

day before the date of the filing deadline prescribed by

Subsection (a), 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 67th day before election day.

(c) A declaration of write-in candidacy 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 1987, 70th Leg., ch. 472, Sec. 43, eff. Sept. 1, 1987;

Acts 1993, 73rd Leg., ch. 728, Sec. 59, eff. Sept. 1, 1993.

Amended by:

Acts 2005, 79th Leg., Ch.

1109, Sec. 16, eff. September 1, 2005.

Sec. 146.026. REVIEW OF DECLARATION. The authority with whom a

declaration of write-in candidacy is filed shall review the

declaration and take the appropriate action in the manner

prescribed by Section 141.032 for the review of an application

for a place on the ballot.

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

Sec. 146.027. LIMITATION ON CHALLENGE OF DECLARATION. A

declaration of write-in candidacy may not be challenged for

compliance with the applicable requirements after the 15th day

before election day.

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

Sec. 146.028. PRESERVATION OF DECLARATION. A declaration of

write-in candidacy shall be preserved in the same manner as a

candidate's application for a place on the ballot.

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

Sec. 146.029. CERTIFICATION OF CANDIDATE FOR PLACEMENT ON LIST

OF WRITE-IN CANDIDATES. (a) Except as provided by Section

146.030, the authority with whom a declaration of write-in

candidacy is required to be filed shall certify in writing for

placement on the list of write-in candidates the name of each

candidate who files with the authority a declaration that

complies with Section 146.023(b). If no name is to be certified,

the authority shall certify that fact in writing.

(b) Each name shall be certified in the form indicated on the

candidate's declaration of write-in candidacy, subject to

Subchapter B, Chapter 52.

(c) Not later than the 62nd day before election day, the

certifying authority shall deliver the certification to the

authority responsible for having the official ballot prepared in

each county in which the office sought by the candidate is to be

voted on.

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

by Acts 1987, 70th Leg., ch. 472, Sec. 43, eff. Sept. 1, 1987.

Amended by:

Acts 2005, 79th Leg., Ch.

1109, Sec. 17, eff. September 1, 2005.

Sec. 146.030. CANDIDATE NOT CERTIFIED. A write-in candidate may

not be certified for placement on the list of write-in candidates

if:

(1) the information on the candidate's declaration of write-in

candidacy indicates that the candidate is ineligible for the

office;

(2) facts indicating that the candidate is ineligible are

conclusively established by another public record;

(3) the candidate is determined ineligible by a final judgment

of a court;

(4) the candidate's declaration of write-in candidacy is invalid

for the office under Section 146.023(c); or

(5) the certifying authority learns that the candidate's name is

to be omitted from the list under Section 146.0301.

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

by Acts 1993, 73rd Leg., ch. 728, Sec. 60, eff. Sept. 1, 1993.

Sec. 146.0301. WITHDRAWAL AS WRITE-IN CANDIDATE. (a) A

write-in candidate may not withdraw from the election after the

67th day before election day.

(b) To withdraw from the election, a write-in candidate must

file a written withdrawal request, signed and acknowledged by the

candidate, with the authority with whom the candidate's

declaration of write-in candidacy is required to be filed.

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

at the time of its receipt by the appropriate authority.

(d) A candidate's name shall be omitted from the list of

write-in candidates if the candidate withdraws on or before the

67th day before election day.

(e) Not later than the day after the date the withdrawal request

is received, the appropriate authority shall deliver a written

notice of the withdrawal of any candidate previously certified

under Section 146.029 to the same authority to whom the

certification was delivered.

Added by Acts 1993, 73rd Leg., ch. 728, Sec. 61, eff. Sept. 1,

1993.

Amended by:

Acts 2005, 79th Leg., Ch.

1107, Sec. 1.22, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

1109, Sec. 18, eff. September 1, 2005.

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

1235, Sec. 14, eff. September 1, 2009.

Sec. 146.031. LIST OF WRITE-IN CANDIDATES. (a) The authority

responsible for having the official ballot prepared shall prepare

a list containing the name of each write-in candidate certified

to the authority. Each name must appear in the form in which it

is certified.

(b) A write-in candidate's name may not appear more than once on

the list.

(c) Copies of the list shall be distributed to the counting

officers in the election for use in counting write-in votes.

(d) Copies of the list shall be distributed to each presiding

election judge with the other election supplies. A copy of the

list shall be posted in each polling place at each place where an

instruction poster is required to be posted.

(e) The authority responsible for having the official ballot

prepared shall retain a copy of the list and preserve it for the

period for preserving the precinct election records.

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

by Acts 1993, 73rd Leg., ch. 728, Sec. 62, eff. Sept. 1, 1993.

Sec. 146.032. OFFICIAL DECLARATION FORM. An officially

prescribed form for a declaration of write-in candidacy must

include the elements required by Section 141.039 to be included

in an official form for an application for a place on the ballot.

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

SUBCHAPTER C. WRITE-IN CANDIDATE IN CITY ELECTION

Sec. 146.051. CANDIDATE'S NAME REQUIRED TO APPEAR ON LIST. In

an election for city officers, a write-in vote may not be counted

unless the name written in appears on the list of write-in

candidates.

Added by Acts 1991, 72nd Leg., ch. 363, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 2001, 77th Leg., ch. 215, Sec. 1, eff.

Sept. 1, 2001.

Sec. 146.052. DECLARATION OF WRITE-IN CANDIDACY REQUIRED. To be

entitled to a place on the list of write-in candidates, a

candidate must make a declaration of write-in candidacy.

Added by Acts 1991, 72nd Leg., ch. 363, Sec. 1, eff. Sept. 1,

1991.

Sec. 146.053. AUTHORITY WITH WHOM DECLARATION FILED. 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 in the election.

Added by Acts 1991, 72nd Leg., ch. 363, Sec. 1, eff. Sept. 1,

1991.

Sec. 146.054. FILING DEADLINE. (a) Except as provided by

Subsection (b), a declaration of write-in candidacy must be filed

not later than 5 p.m. of the fifth day after the date an

application for a place on the ballot is required to be filed.

(b) 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 67th day before election day.

Added by Acts 1991, 72nd Leg., ch. 363, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1995, 74th Leg., ch. 667, Sec. 2, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1349, Sec. 56, eff.

Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

1109, Sec. 19, eff. September 1, 2005.

Sec. 146.055. APPLICABILITY OF OTHER CODE PROVISIONS.

Subchapter B applies to write-in voting in an election for city

officers except to the extent of a conflict with this subchapter.

Added by Acts 1991, 72nd Leg., ch. 363, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 2001, 77th Leg., ch. 215, Sec. 1, eff.

Sept. 1, 2001.

SUBCHAPTER D. WRITE-IN CANDIDATE IN SPECIAL ELECTION TO FILL

VACANCY IN LEGISLATURE

Sec. 146.081. CANDIDATE'S NAME REQUIRED TO APPEAR ON LIST. In a

special election to fill a vacancy in the legislature, a write-in

vote may not be counted unless the name written in appears on the

list of write-in candidates.

Added by Acts 2001, 77th Leg., ch. 17, Sec. 3, eff. Jan. 1, 2002.

Sec. 146.082. DECLARATION OF WRITE-IN CANDIDACY REQUIRED. To be

entitled to a place on the list of write-in candidates, a

candidate must file a declaration of write-in candidacy with the

secretary of state.

Added by Acts 2001, 77th Leg., ch. 17, Sec. 3, eff. Jan. 1, 2002.

Sec. 146.083. FILING DEADLINE. A declaration of write-in

candidacy must be filed not later than 5 p.m. on the date an

application for a place on the ballot is required to be filed.

Added by Acts 2001, 77th Leg., ch. 17, Sec. 3, eff. Jan. 1, 2002.

Amended by:

Acts 2005, 79th Leg., Ch.

1107, Sec. 1.23, eff. September 1, 2005.

Sec. 146.084. APPLICABILITY OF OTHER CODE PROVISIONS.

Subchapter B applies to write-in voting in a special election to

fill a vacancy in the legislature except to the extent of a

conflict with this subchapter.

Added by Acts 2001, 77th Leg., ch. 17, Sec. 3, eff. Jan. 1, 2002.