2023 Texas Statutes
Election Code
Title 9 - Candidates
Chapter 145 - Withdrawal, Death and Ineligibility of Candidate
Subchapter D. Candidate in Election Other Than General Election for State and County Officers
Section 145.096. Deceased or Ineligible Candidate's Name to Appear on Ballot
Sec. 145.096. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO APPEAR ON BALLOT. (a) Except as provided by Subsection (b) or Section 145.098(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 fifth day after the deadline for filing the candidate's application for a place on the ballot, in an election subject to Section 145.092(a);
(3) is declared ineligible after 5 p.m. of the 57th day before election day, in an election subject to Section 145.092(b); or
(4) is declared ineligible after 5 p.m. of the 71st 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 (H.B. 2339), Sec. 14, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 24, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1178 (S.B. 910), Sec. 14, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 84 (S.B. 1703), Sec. 14, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 172 (H.B. 1067), Sec. 1, eff. May 24, 2019.