2005 Texas Election Code CHAPTER 141. CANDIDACY FOR PUBLIC OFFICE GENERALLY

ELECTION CODE

TITLE 9. CANDIDATES

CHAPTER 141. CANDIDACY FOR PUBLIC OFFICE GENERALLY

SUBCHAPTER A. ELIGIBILITY FOR PUBLIC OFFICE


	§ 141.001. ELIGIBILITY REQUIREMENTS FOR PUBLIC 
OFFICE.  (a) To be eligible to be a candidate for, or elected or 
appointed to, a public elective office in this state, a person must:
		(1)  be a United States citizen;                                              
		(2)  be 18 years of age or older on the first day of the 
term to be filled at the election or on the date of appointment, as 
applicable;
		(3)  have not been determined mentally incompetent by a 
final judgment of a court;
		(4)  have not been finally convicted of a felony from 
which the person has not been pardoned or otherwise released from 
the resulting disabilities;
		(5)  have resided continuously in the state for 12 
months and in the territory from which the office is elected for six 
months immediately preceding the following date:
			(A)  for a candidate whose name is to appear on a 
general primary election ballot, the date of the regular filing 
deadline for a candidate's application for a place on the ballot;
			(B)  for an independent candidate, the date of the 
regular filing deadline for a candidate's application for a place 
on the ballot;
			(C)  for a write-in candidate, the date of the 
election at which the candidate's name is written in;
			(D)  for a party nominee who is nominated by any 
method other than by primary election, the date the nomination is 
made;  and
			(E)  for an appointee to an office, the date the 
appointment is made;  and 
		(6)  satisfy any other eligibility requirements 
prescribed by law for the office.
	(b)  A statute outside this code supersedes Subsection (a) to 
the extent of any conflict.
	(c)  Subsection (a) does not apply to an office for which the 
federal or state constitution or a statute outside this code 
prescribes exclusive eligibility requirements.

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


	§ 141.002. EFFECT OF BOUNDARY CHANGE ON RESIDENCE 
REQUIREMENT FOR PRECINCT OFFICE.  (a) Instead of the six-month 
residence requirement prescribed by Section 141.001(a)(5), a 
candidate for or appointee to a precinct office must be a resident 
of the precinct on the date prescribed by Section 141.001(a)(5) and 
must have resided continuously in the county in which the precinct 
is located for six months immediately preceding that date if an 
order creating the precinct or changing the boundary of the 
precinct:
		(1)  was adopted less than seven months before that 
date;  or               
		(2)  was in litigation at any time during the seventh 
month immediately preceding that date.
	(b)  For the purpose of this section, an order is in 
litigation if the judgment concluding a judicial proceeding in 
which the order is mandated or the validity of the order is 
challenged has not become final.

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


	§ 141.003. AGE AND RESIDENCE REQUIREMENTS FOR HOME-RULE 
CITY OFFICE.  (a) Different age and residence requirements from 
those prescribed by Section 141.001 may be prescribed by a 
home-rule city charter, but a minimum age may not be more than 21 
years and a minimum length of residence in the state or city may not 
be more than 12 months immediately preceding election day.
	(b)  A charter provision is void if it prescribes a minimum 
age requirement of more than 21 years or a minimum length of 
residence requirement of more than 12 months.

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


	§ 141.004. EFFECT OF BOUNDARY CHANGE ON RESIDENCE 
REQUIREMENT FOR CITY OFFICE.  In determining whether a person has 
complied with a residence requirement under Section 141.001 or 
141.003 for a city office, residence in an area while the area was 
not part of the city is considered as residence within the city if 
the area is part of the city on the date that is the basis for 
determining the applicable period of residence.

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

SUBCHAPTER B. APPLICATION FOR PLACE ON BALLOT


	§ 141.031. GENERAL REQUIREMENTS FOR APPLICATION.  A 
candidate's application for a place on the ballot that is required 
by this code must:
		(1)  be in writing;                                                           
		(2)  be signed and sworn to by the candidate and 
indicate the date that the candidate swears to the application;
		(3)  be timely filed with the appropriate authority;  
and                   
		(4)  include:                                                                 
			(A)  the candidate's name;                                                   
			(B)  the candidate's occupation;                                             
			(C)  the office sought, including any place number 
or other distinguishing number;
			(D)  an indication of whether the office sought is 
to be filled for a full or unexpired term if the office sought and 
another office to be voted on have the same title but do not have 
place numbers or other distinguishing numbers;
			(E)  a statement that the candidate is a United 
States citizen;            
			(F)  a statement that the candidate has not been 
determined mentally incompetent by a final judgment of a court;
			(G)  a statement that the candidate has not been 
finally convicted of a felony from which the candidate has not been 
pardoned or otherwise released from the resulting disabilities;
			(H)  the candidate's date of birth;                                          
			(I)  the candidate's residence address or, if the 
residence has no address, the address at which the candidate 
receives mail and a concise description of the location of the 
candidate's residence;
			(J)  the candidate's length of continuous 
residence in the state and in the territory from which the office 
sought is elected as of the date the candidate swears to the 
application;
			(K)  the statement:  "I, __________, of __________ 
County, Texas, being a candidate for the office of __________, 
swear that I will support and defend the constitution and laws of 
the United States and of the State of Texas";  and
			(L)  a statement that the candidate is aware of 
the nepotism law, Chapter 573, Government Code.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1987, 70th Leg., ch. 427, § 4, eff. Sept. 1, 1987;  Acts 
1993, 73rd Leg., ch. 107, § 3A.03, eff. Aug. 30, 1993;  Acts 
1995, 74th Leg., ch. 76, § 5.95(26), eff. Sept. 1, 1995.


	§ 141.032. REVIEW OF APPLICATION;  NOTICE TO 
CANDIDATE.  (a) On the filing of an application for a place on the 
ballot, the authority with whom the application is filed shall 
review the application to determine whether it complies with the 
requirements as to form, content, and procedure that it must 
satisfy for the candidate's name to be placed on the ballot.
	(b)  Except as provided by Subsection (c), the review shall 
be completed not later than the fifth day after the date the 
application is received by the authority.
	(c)  If an application is accompanied by a petition, the 
petition is considered part of the application, and the review 
shall be completed as soon as practicable after the date the 
application is received by the authority.  However, the petition is 
not considered part of the application for purposes of determining 
compliance with the requirements applicable to each document, and a 
deficiency in the requirements for one document may not be remedied 
by the contents of the other document.
	(d)  A determination under this section that an application 
complies with the applicable requirements does not preclude a 
subsequent determination that the application does not comply, 
subject to Section 141.034.
	(e)  If an application does not comply with the applicable 
requirements, the authority shall reject the application and 
immediately deliver to the candidate written notice of the reason 
for the rejection.
	(f)  This section does not apply to a determination of a 
candidate's eligibility.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1993, 73rd Leg., ch. 728, § 54, eff. Sept. 1, 1993;  Acts 
1997, 75th Leg., ch. 1349, § 51, eff. Sept. 1, 1997.


	§ 141.033. FILING APPLICATIONS FOR MORE THAN ONE OFFICE 
PROHIBITED.  (a) A candidate may not file applications for a place 
on the ballot for two or more offices that:
		(1)  are not permitted by law to be held by the same 
person;  and           
		(2)  are to be voted on at one or more elections held on 
the same day.      
	(b)  If a person files more than one application for a place 
on a ballot in violation of this section, each application filed 
subsequent to the first one filed is invalid.
	(c)  This section does not apply to candidacy for the office 
of president or vice-president of the United States and another 
office.

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


	§ 141.034. LIMITATION ON CHALLENGE OF APPLICATION.  (a) 
An application for a place on the ballot may not be challenged for 
compliance with the applicable requirements as to form, content, 
and procedure after the day before the beginning of early voting by 
personal appearance for the election for which the application is 
made.
	(b)  This section does not apply to a determination of a 
candidate's eligibility.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1989, 71st Leg., ch. 2, § 7.07, eff. Aug. 28, 1989;  Acts 
1991, 72nd Leg., ch. 203, § 2.57;  Acts 1991, 72nd Leg., ch. 554, 
§ 28, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 728, § 55, 
eff. Sept. 1, 1993.


	§ 141.035. APPLICATION AS PUBLIC INFORMATION.  An 
application for a place on the ballot, including an accompanying 
petition, is public information immediately on its filing.

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


	§ 141.036. PRESERVATION OF APPLICATION.  The authority 
with whom an application for a place on the ballot is required to be 
filed shall preserve each application filed with the authority for 
two years after the date of the election for which the application 
is made.

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


	§ 141.037. FORM OF NAME CERTIFIED FOR PLACEMENT ON 
BALLOT.  An authority responsible for certifying the names of 
candidates for placement on the ballot shall certify each name in 
the form indicated on the candidate's application for a place on the 
ballot, subject to Subchapter B, Chapter 52.

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


	§ 141.038. REFUND OF FILING FEE.  (a) A filing fee paid in 
connection with a candidate's application for a place on the ballot 
shall be refunded to the candidate or to the candidate's estate, as 
appropriate, if before the date of the election for which the 
application is made:
		(1)  the candidate dies;                                                      
		(2)  the candidate is declared ineligible;  or                                
		(3)  the candidate's application for a place on the 
ballot is determined not to comply with the requirements as to form, 
content, and procedure that it must satisfy for the candidate's 
name to be placed on the ballot.
	(b)  A claim for a refund of a filing fee must be presented to 
the authority with whom the candidate's application for a place on 
the ballot is filed.
	(c)  A filing fee may not be refunded except as provided by 
this section.    
	(d)  The refunding of filing fees for home-rule city offices 
may be regulated by the city charter, and those regulations 
supersede this section to the extent of any conflict.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1989, 71st Leg., ch. 2, § 7.08, eff. Aug. 28, 1989;  Acts 
1997, 75th Leg., ch. 864, § 93, eff. Sept. 1, 1997.


	§ 141.039. OFFICIAL APPLICATION FORM.  In addition to the 
other statements and spaces for entering information that appear on 
an officially prescribed form for an application for a place on the 
ballot, each official form for an application that a candidate is 
required to file under this code must include:
		(1)  a space for indicating the form in which the 
candidate's name is to appear on the ballot;
		(2)  a space for the candidate's mailing address;                             
		(3)  spaces for the candidate's home and office 
telephone numbers;  and     
		(4)  a statement informing candidates that the 
furnishing of the telephone numbers is optional.

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

SUBCHAPTER C. PETITION


	§ 141.061. APPLICABILITY OF SUBCHAPTER.  This subchapter 
applies to each petition filed in connection with a candidate's 
application for a place on the ballot.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1987, 70th Leg., ch. 493, § 1, eff. Sept. 1, 1987.


	§ 141.062. VALIDITY OF PETITION.  (a) To be valid, a 
petition must:       
		(1)  be timely filed with the appropriate authority;                          
		(2)  contain valid signatures in the number required by 
this code;  and     
		(3)  comply with any other applicable requirements for 
validity prescribed by this code.
	(b)  A petition may consist of multiple parts.                                 

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


	§ 141.063. VALIDITY OF SIGNATURE.  (a) A signature on a 
petition is valid if:
		(1)  except as otherwise provided by this code, the 
signer, at the time of signing, is a registered voter of the 
territory from which the office sought is elected or has been issued 
a registration certificate for a registration that will become 
effective in that territory on or before the date of the applicable 
election;
		(2)  the petition includes the following information 
with respect to each signer:
			(A)  the signer's residence address;                                         
			(B)  the signer's date of birth or the signer's 
voter registration number and, if the territory from which 
signatures must be obtained is situated in more than one county, the 
county of registration;
			(C)  the date of signing;  and                                               
			(D)  the signer's printed name;                                              
		(3)  the part of the petition in which the signature 
appears contains the affidavit required by Section 141.065;
		(4)  each statement that is required by this code to 
appear on each page of the petition appears, at the time of signing, 
on the page on which the signature is entered;  and
		(5)  any other applicable requirements prescribed by 
this code for a signature's validity are complied with.
	(b)  The signature is the only information that is required 
to appear on the petition in the signer's own handwriting.
	(c)  The use of ditto marks or abbreviations does not 
invalidate a signature if the required information is reasonably 
ascertainable.
	(d)  The omission of the state from the signer's residence 
address does not invalidate a signature unless the political 
subdivision from which the signature is obtained is situated in 
more than one state.  The omission of the zip code from the address 
does not invalidate a signature.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1997, 75th Leg., ch. 1349, § 52, eff. Sept. 1, 1997;  Acts 
2005, 79th Leg., ch. 726, § 1, eff. Sept. 1, 2005.


	§ 141.064. METHOD OF ACQUIRING SIGNATURE.  A person 
circulating a petition must:
		(1)  before permitting a person to sign, point out and 
read to the person each statement pertaining to the signer that 
appears on the petition;
		(2)  witness each signature;                                                  
		(3)  ascertain that each date of signing is correct;  
and                   
		(4)  before the petition is filed, verify each signer's 
registration status and ascertain that each registration number 
entered on the petition is correct.

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


	§ 141.065. AFFIDAVIT OF CIRCULATOR.  (a) Each part of a 
petition must include an affidavit of the person who circulated it 
stating that the person:
		(1)  pointed out and read to each signer, before the 
petition was signed, each statement pertaining to the signer that 
appears on the petition;
		(2)  witnessed each signature;                                                
		(3)  verified each signer's registration status;  and                         
		(4)  believes each signature to be genuine and the 
corresponding information to be correct.
	(b)  If a petition contains an affidavit that complies with 
Subsection (a), for the purpose of determining whether the petition 
contains a sufficient number of valid signatures, the authority 
with whom the candidate's application is filed may treat as valid 
each signature to which the affidavit applies, without further 
verification, unless proven otherwise.

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


	§ 141.066. SIGNING MORE THAN ONE PETITION 
PROHIBITED.  (a) A person may not sign the petition of more than one 
candidate for the same office in the same election.
	(b)  The following statement must appear at the top of each 
page of a petition:  "Signing the petition of more than one 
candidate for the same office in the same election is prohibited."
	(c)  A signature on a candidate's petition is invalid if the 
signer signed the petition subsequent to signing a petition of 
another candidate for the same office in the same election.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1997, 75th Leg., ch. 864, § 94, eff. Sept. 1, 1997.


	§ 141.067. WITHDRAWAL OF SIGNATURE.  (a) A signature may 
be withdrawn from a petition as provided by this section.
	(b)  To withdraw a signature, the signer must request that 
the signer's signature be withdrawn.
	(c)  To be effective, a withdrawal request must:                               
		(1)  be in writing and be signed and acknowledged by the 
signer of the petition;  and
		(2)  be filed with the authority with whom the petition 
is required to be filed not later than the date the petition is 
received by the authority or the seventh day before the petition 
filing deadline, whichever is earlier.
	(d)  A withdrawal request filed by mail is considered to be 
filed at the time of its receipt by the appropriate authority.
	(e)  The signer must deliver a copy of the withdrawal request 
to the candidate when the request is filed.
	(f)  The filing of an effective withdrawal request nullifies 
the signature on the petition and places the signer in the same 
position as if the signer had not signed the petition.
	(g)  If the withdrawal of a signature reduces the number of 
signatures on the petition below the prescribed minimum for the 
petition to be valid, the authority with whom the request is filed 
shall notify the candidate immediately by telephone, telegram, or 
an equally or more expeditious method of the number of withdrawn 
signatures.  Before the third day after the date the candidate 
receives the notice, the candidate's petition may be supplemented 
with signatures equal in number to the number of signatures 
withdrawn.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1997, 75th Leg., ch. 864, § 95, eff. Sept. 1, 1997.


	§ 141.068. DUTY OF LOCAL AUTHORITY TO VERIFY 
SIGNATURES.  (a) On request of the secretary of state, a voter 
registrar shall verify the voter registration status of a signer of 
a petition filed with the secretary who the petition indicates is 
registered or has been accepted for registration in the county 
served by the registrar.
	(b)  On request of the secretary of state, a county clerk 
shall ascertain from the records in the clerk's custody whether a 
signer of a petition filed with the secretary is shown to have voted 
in a particular election.

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


	§ 141.069. VERIFYING SIGNATURES BY STATISTICAL 
SAMPLE.  If signatures on a petition that is required to contain 
more than 1,000 signatures are to be verified by the authority with 
whom the candidate's application is required to be filed, the 
authority may use as the basis for the verification any reasonable 
statistical sampling method that ensures an accuracy rate of at 
least 95 percent.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1987, 70th Leg., ch. 54, § 16(b), eff. Sept. 1, 1987;  Acts 
1997, 75th Leg., ch. 1349, § 53, eff. Sept. 1, 1997.


	§ 141.070. ESTIMATING GUBERNATORIAL VOTE FOR TERRITORY 
WITH CHANGED BOUNDARY.  (a) If, since the most recent gubernatorial 
general election, a district or precinct from which an officer of 
the federal, state, or county government is elected is created or 
has had its boundary changed, the number of votes received in the 
district or precinct by a political party's gubernatorial candidate 
or by all the gubernatorial candidates shall be estimated, as 
provided by this section, for the purpose of computing the number of 
signatures required on a candidate's petition.
	(b)  The secretary of state, for a district, or the county 
clerk of the county in which the precinct is situated, for a 
precinct, shall estimate the applicable vote total on the request 
of:
		(1)  a candidate affected by the creation or change;  or                      
		(2)  an authority with whom an affected candidate's 
application for a place on the ballot is required to be filed.
	(c)  Not later than the 30th day after the date the secretary 
of state or county clerk receives an estimate request, the 
secretary or clerk shall certify the secretary's or clerk's 
estimate in writing and deliver a copy of the certification to the 
candidate and to the authority with whom the candidate's 
application for a place on the ballot is required to be filed.
	(d)  If an estimate is not requested under Subsection (b), 
the authority with whom an affected candidate's application for a 
place on the ballot is required to be filed shall make the estimate 
before acting on a petition.
	(e)  If, before completing an estimate, the estimating 
authority determines that the total estimated vote will be large 
enough to make a computation of the number of signatures required to 
appear on the petition unnecessary, the authority may certify that 
fact in writing instead of completing the estimate.
	(f)  A candidate for an office that is affected by an 
estimate or by a determination made under Subsection (e) may 
challenge the accuracy of the estimate or determination by filing a 
petition, stating the ground of the challenge, in a district court 
having general jurisdiction in the territory involved.  Review in 
the district court is by trial de novo, and the court's decision is 
not appealable.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1997, 75th Leg., ch. 864, § 96, eff. Sept. 1, 1997.