2005 Texas Election Code CHAPTER 171. ORGANIZATION

ELECTION CODE

SUBTITLE B. PARTIES NOMINATING BY PRIMARY ELECTION

CHAPTER 171. ORGANIZATION

SUBCHAPTER A. STATE EXECUTIVE COMMITTEE


	§ 171.001. STATE EXECUTIVE COMMITTEE ESTABLISHED.  A 
state executive committee is established as provided by this 
subchapter for each political party holding a primary election in 
this state.

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


	§ 171.002. COMMITTEE COMPOSITION.  (a) The state 
executive committee consists of two members from each state 
senatorial district.  One of each district's members must be a man 
and the other a woman.
	(b)  In addition to the members representing the senatorial 
districts, the committee has a chair and a vice chair, one of whom 
must be a man and the other a woman.  Except as otherwise provided by 
party rule, the chair and vice chair are considered members of the 
committee.
	(c)  The chair, vice chair, and members representing the 
senatorial districts are elected at the party's biennial state 
convention.  However, the chair, vice chair, and members may be 
elected for four-year terms at the state convention held in 
gubernatorial election years.  Each holds office until a successor 
is elected and assumes office.
	(d)  The members elected to represent a particular 
senatorial district must be those recommended by the convention 
delegates representing that senatorial district.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1997, 75th Leg., ch. 864, § 112, eff. Sept. 1, 1997.


	§ 171.003. FILLING VACANCY.  (a) The state executive 
committee shall fill by appointment any vacancy on the committee, 
including a vacancy in the office of chair or vice chair.
	(b)  A majority of the committee's membership constitutes a 
quorum for the purpose of filling a vacancy.  To be elected, a 
person must receive a favorable vote of a majority of the members 
voting.
	(c)  To be eligible to serve as a replacement to fill a 
vacancy in a membership representing a senatorial district, a 
person must reside in the district.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1997, 75th Leg., ch. 864, § 113, eff. Sept. 1, 1997.


	§ 171.004. PROXY.  (a) To participate in a state 
executive committee meeting as a proxy for a member representing a 
senatorial district, a person must reside in that district.
	(b)  A person may not hold more than one proxy at any meeting.                 

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

SUBCHAPTER B. COUNTY EXECUTIVE COMMITTEE


	§ 171.021. COUNTY EXECUTIVE COMMITTEE ESTABLISHED.  For 
each county in which a primary election is held, a county executive 
committee is established as provided by this subchapter for the 
political party holding the primary.

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


	§ 171.022. COMMITTEE COMPOSITION.  (a) A county executive 
committee consists of:
		(1)  a county chair, who is the presiding officer, 
elected at the general primary election by majority vote of the 
qualified voters of the county who vote in the primary on that 
office or appointed by the county executive committee as provided 
by this subchapter;  and
		(2)  a precinct chair from each county election 
precinct, elected at the general primary by majority vote of the 
qualified voters of the precinct who vote in the primary on that 
office, subject to Section 171.0221, or appointed by the county 
executive committee as provided by this subchapter.
	(b)  Except as provided by Subsection (d), if no candidate 
receives a majority of the votes, a runoff to determine the office 
is conducted in the same manner as a runoff primary election to 
determine a nomination for public office.  The candidates to be in a 
runoff are determined in the same manner as candidates in a runoff 
for a nomination.
	(c)  Each committee member serves for a term of two years 
beginning the 20th day after runoff primary election day.
	(d)  The state executive committee by rule may provide for 
the election of the county chair or precinct chairs of a particular 
county by plurality vote.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1993, 73rd Leg., ch. 728, § 63, eff. Sept. 1, 1993;  Acts 
1997, 75th Leg., ch. 499, § 1, eff. Sept. 1, 1997;  Acts 1997, 
75th Leg., ch. 864, § 114, eff. Sept. 1, 1997;  Acts 1997, 75th 
Leg., ch. 1349, § 59, eff. Sept. 1, 1997.


	§ 171.0221. ELECTION NOT HELD FOR OFFICE OF PRECINCT 
CHAIR.  (a) If only one candidate's name is to be placed on the 
ballot for the office of precinct chair and no candidate's name is 
to be placed on the list of write-in candidates for that office, the 
election for that office is not held, and the unopposed candidate, 
if otherwise eligible, shall be declared elected to the office at 
the time of the local canvass.
	(b)  The county chair shall prepare a sign that states:  
"Pursuant to Section 171.0221, Election Code, (insert name of 
unopposed candidate for precinct chair), if otherwise eligible, 
shall be declared elected to the office of precinct chair at the 
time of the local canvass."  The county chair shall distribute 
copies of the sign to the presiding judge of the election precinct 
with the other election supplies.  An election officer shall post 
the sign in one or more locations in the polling place where it can 
be read by persons waiting to vote.
	(c)  The county chair shall post the name of a candidate 
declared elected under Subsection (a) at a public place in the 
election precinct.

Added by Acts 1997, 75th Leg., ch. 499, § 2, eff. Sept. 1, 1997.           


	§ 171.023. RESIDENCE OF PRECINCT CHAIR.  (a) To be 
eligible to be a candidate for or to serve as a precinct chair, a 
person must reside in the election precinct in addition to 
satisfying the other applicable eligibility requirements.
	(b)  A change in a county election precinct boundary creates 
a vacancy in the office of precinct chair if more than one precinct 
chair resides in the changed precinct or if none resides there.
	(c)  For the purpose of determining whether a precinct chair 
is a resident of a particular county election precinct, a change in 
a precinct boundary is not effective until February 1 following the 
adoption of the order making the change, except as provided by 
Subsection (d).
	(d)  If a change in a precinct boundary made by an order 
adopted on or after February 1 of a primary election year is 
scheduled to become effective before general primary election day, 
the change is effective on the date the order is adopted for the 
purpose specified by Subsection (c).

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1997, 75th Leg., ch. 864, § 115, eff. Sept. 1, 1997;  Acts 
1999, 76th Leg., ch. 62, § 5.12, eff. Sept. 1, 1999.


	§ 171.0231. WRITE-IN CANDIDATE FOR COUNTY CHAIR OR 
PRECINCT CHAIR.  (a) A write-in vote for the office of county chair 
or precinct chair may not be counted unless the name written in 
appears on the list of write-in candidates.
	(b)  To be entitled to a place on the list of write-in 
candidates, a candidate must make a declaration of write-in 
candidacy.
	(c)  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 for the office.
	(d)  A declaration of write-in candidacy must be filed not 
later than 5 p.m. of the 62nd day before general primary election 
day.  However, if a candidate whose name is to appear on the ballot 
for the office of county chair or precinct chair dies or is declared 
ineligible after the third day before the date of the regular filing 
deadline prescribed by this subsection, 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 59th day before 
election day.
	(e)  With the appropriate modifications and to the extent 
practicable, Subchapter B, Chapter 146, applies to write-in voting 
for the office of county chair or precinct chair.
	(f)  Repealed by Acts 2003, 78th Leg., ch. 729, § 3.                        
	(g)  The secretary of state shall prescribe any procedures 
necessary to implement this section.

Added by Acts 1997, 75th Leg., ch. 499, § 3, eff. Sept. 1, 1997.  
Amended by Acts 2003, 78th Leg., ch. 729, § 1 to 3, eff. Sept. 1, 
2003.


	§ 171.024. FILLING VACANCY.  (a) The county executive 
committee shall fill by appointment any vacancy on the committee.
	(b)  Except as provided by Subsection (c), a majority of the 
committee's membership must participate in filling a vacancy.  To 
be elected, a person must receive a favorable vote of a majority of 
the members voting.
	(c)  A vacancy in the office of precinct chair may be filled 
without participation of the majority of the committee membership 
if only one person is a candidate to fill the vacancy and the 
person:
		(1)  was elected as a precinct chair in the most recent 
primary election in the county;  and
		(2)  is eligible to serve in the vacant office.                               
	(d)  A vacancy may not be filled before the beginning of the 
term of office in which the vacancy occurs.
	(e)  After a vacancy is filled, the county chair shall 
promptly deliver written notice of the replacement member's name 
and address to the state chair and to the county clerk.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1997, 75th Leg., ch. 864, § 116, eff. Sept. 1, 1997;  Acts 
1997, 75th Leg., ch. 1349, § 60, eff. Sept. 1, 1997.


	§ 171.025. PROCEDURE FOR FILLING VACANCY IN OFFICE OF 
COUNTY CHAIR.  (a) If a vacancy occurs in the office of county 
chair, the secretary of the county executive committee shall call a 
meeting for the purpose of filling the vacancy.  If a committee 
member files with the secretary a written request for a meeting to 
fill a vacancy, the secretary shall call the meeting to convene not 
later than the 20th day after the date the secretary receives the 
request.
	(b)  If the committee does not have a secretary or if after 
receiving a written request under Subsection (a) the secretary 
fails to call the meeting, the state chair, on written request of a 
member of the county executive committee filed with the state 
chair, shall call the meeting to convene not later than the 20th day 
after the date the chair receives the request.
	(c)  The authority calling the meeting shall notify each 
committee member in advance of the meeting of its time, place, and 
purpose.
	(d)  The authority calling the meeting shall designate a 
committee member as temporary chair, who shall call the meeting to 
order and preside until the vacancy is filled.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1997, 75th Leg., ch. 864, § 117, eff. Sept. 1, 1997.


	§ 171.0251. TEMPORARY REPLACEMENT OF COMMITTEE MEMBER IN 
MILITARY.  (a) In this section, "armed forces of the United States" 
means the United States Army, the United States Navy, the United 
States Air Force, the United States Marine Corps, the United States 
Coast Guard, any reserve or auxiliary component of any of those 
services, or the National Guard.
	(b)  A member of the county executive committee who enters 
active duty in the armed forces of the United States as a result of 
being called to duty, drafted, or activated does not vacate the 
office held, but the committee member may appoint a replacement to 
serve as a temporary acting officer if the committee member will be 
unable to fulfill the member's duties, due to the member's 
obligations to the armed forces of the United States.
	(c)  The temporary acting officer appointed as provided by 
Subsection (b) must be:
		(1)  a member of the same political party as the 
committee member being temporarily replaced;  and
		(2)  qualified for office under Section 161.005.                              
	(d)  The temporary acting officer appointed as provided by 
Subsection (b) has all the powers, privileges, and duties of the 
office and is entitled to the same compensation, payable in the same 
manner and from the same source, as the member of the county 
executive committee who is temporarily replaced.
	(e)  The temporary acting officer appointed as provided by 
Subsection (b) shall perform the duties of the committee member 
until the earlier of:
		(1)  the date the active military service of the 
committee member who is temporarily replaced ends;  or
		(2)  the date the term of office of the committee member 
who is temporarily replaced expires.

Added by Acts 2005, 79th Leg., ch. 654, § 1, eff. June 17, 2005.           


	§ 171.026. PROXY NOT ALLOWED.  A person may not 
participate in a county executive committee meeting as a proxy.

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


	§ 171.027. TEMPORARY COMMITTEE.  (a) If a county 
executive committee for a political party does not exist in a county 
in which the party is holding a primary election, the party shall 
establish a temporary county executive committee as provided by 
this section.
	(b)  The state executive committee shall appoint a temporary 
county chair. To be appointed, a person must receive a favorable 
vote of a majority of the committee's membership.
	(c)  The temporary county chair shall call, for the purpose 
of electing the other members of a temporary county executive 
committee, a meeting of the voters of the county who consider 
themselves to be aligned with the party.  The voters present at the 
meeting shall elect the other members of the committee.
	(d)  The eligibility requirements for serving as a member of 
a temporary county executive committee are the same as those for 
serving as a member of a regularly constituted county executive 
committee except that affiliation with the political party is not 
required.
	(e)  A temporary county executive committee may exercise the 
authority and shall perform the duties of a regularly constituted 
county executive committee.
	(f)  A county executive committee for a county served by a 
temporary committee shall be elected at the general primary 
election.  The temporary committee members serve until the elected 
members assume office.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1997, 75th Leg., ch. 864, § 118, eff. Sept. 1, 1997.

SUBCHAPTER C. DISTRICT EXECUTIVE COMMITTEE


	§ 171.051. DISTRICT EXECUTIVE COMMITTEE 
ESTABLISHED.  For each district from which an officer of the 
federal or state government is elected, a district executive 
committee is established as provided by this subchapter for each 
political party holding a primary election.

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


	§ 171.052. COMMITTEE COMPOSITION:  DISTRICT COTERMINOUS 
WITH COUNTY.  The district executive committee for a district that 
is coterminous with a single county consists of the county 
executive committee, with the county chair serving as chair of the 
district committee.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1997, 75th Leg., ch. 864, § 119, eff. Sept. 1, 1997.


	§ 171.053. COMMITTEE COMPOSITION:  DISTRICT COMPRISING 
PART OF A COUNTY;  FIRST MEETING.  (a) The district executive 
committee for a district comprising only a part of a single county 
consists of the precinct chairs of the county election precincts in 
the district.
	(b)  The members of a district executive committee shall 
elect a chair at the committee's first meeting from among the 
committee membership.
	(c)  Except as provided by Subsection (d), the county chair 
shall call the first meeting of the district executive committee to 
convene at any time after the precinct chairs take office.  The 
county chair shall notify each committee member in advance of the 
meeting of its time, place, and purpose.
	(d)  If a vacancy exists in the office of chair of a 
senatorial district executive committee immediately before the 
date for conducting the regular drawing for a place on the general 
primary ballot, the committee shall convene on that date at the hour 
and place specified by the county chair to elect the district 
executive committee chair.
	(e)  Not later than the third day after the date the chair for 
a senatorial district executive committee is elected, the county 
chair shall deliver to the state chair written notice of the name 
and address of the person elected.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1997, 75th Leg., ch. 864, § 120, eff. Sept. 1, 1997.


	§ 171.054. COMMITTEE COMPOSITION:  DISTRICT SITUATED IN 
MORE THAN ONE COUNTY;  FIRST MEETING.  (a) The district executive 
committee for a district situated in more than one county consists 
of:
		(1)  the county chair of each county that is wholly 
situated in the district;  and
		(2)  one precinct chair from each county that is only 
partly situated in the district, elected by and from among the 
precinct chairs of the precincts in that part of the county.
	(b)  Except as provided by Subsection (c), the county chair 
shall call a meeting to convene at any time after the precinct 
chairs take office to elect the precinct chair who is to serve on a 
district executive committee.  The county chair shall notify the 
appropriate precinct chairs in advance of the meeting of its time, 
place, and purpose.  Not later than the third day after the date the 
district executive committee member is elected, the county chair 
shall deliver to the state chair written notice of the name and 
address of the person elected.
	(c)  If a vacancy exists in the office of precinct chair on a 
senatorial district executive committee immediately before the 
date for conducting the regular drawing for a place on the general 
primary ballot, the appropriate precinct chairs shall convene on 
that date at the hour and place specified by the county chair to 
elect that officer.
	(d)  The members of a district executive committee shall 
elect a chair at the committee's first meeting from among the 
committee membership.
	(e)  The state chair shall call the first meeting of the 
district executive committee and shall notify each committee member 
in advance of the meeting of its time, place, and purpose.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1997, 75th Leg., ch. 864, § 121, eff. Sept. 1, 1997.

SUBCHAPTER D. PRECINCT EXECUTIVE COMMITTEE


	§ 171.071. PRECINCT EXECUTIVE COMMITTEE 
ESTABLISHED.  For each commissioners precinct and for each justice 
precinct, a precinct executive committee is established as provided 
by this subchapter for each political party holding a primary 
election.

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


	§ 171.072. COMMITTEE COMPOSITION:  PRECINCT WITH THREE OR 
MORE ELECTION PRECINCTS;  FIRST MEETING.  (a) The precinct 
executive committee for a commissioners precinct or for a justice 
precinct containing three or more county election precincts 
consists of the precinct chair of each county election precinct in 
the commissioners or justice precinct, as applicable.
	(b)  The members of a precinct executive committee shall 
elect a chair at the committee's first meeting from among the 
committee membership.
	(c)  The county chair shall call the first meeting of the 
precinct executive committee and shall notify each committee member 
in advance of the meeting of its time, place, and purpose.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1997, 75th Leg., ch. 864, § 122, eff. Sept. 1, 1997.


	§ 171.073. COMMITTEE COMPOSITION:  PRECINCT WITH FEWER 
THAN THREE ELECTION PRECINCTS.  The precinct executive committee 
for a commissioners precinct or for a justice precinct containing 
fewer than three county election precincts consists of the county 
executive committee, with the county chair serving as chair of the 
precinct committee.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1997, 75th Leg., ch. 864, § 123, eff. Sept. 1, 1997.