Title EL, Election Code

Sec. 172.002. NOMINATING BY PRIMARY ELECTION AUTHORIZED. (a) Except as otherwise provided by this code, a political party's nominees in the general election for offices of state and county government and the United States Congress may be nominated by primary election, held as pro…

Sec. 172.003. MAJORITY VOTE REQUIRED. Except as otherwise provided by this code, to receive a political party's nomination, a candidate in a primary election must receive a majority of the total number of votes received by all the candidates for the nomination. Acts 1985, 69th Le…

Sec. 172.004. RUNOFF PRIMARY. (a) If no candidate for nomination to a particular office receives the vote required for nomination in the general primary election, a runoff primary election shall be held to determine the nomination. (b) The candidates in a runoff for a nomination …

Sec. 172.021. APPLICATION REQUIRED. (a) To be entitled to a place on the general primary election ballot, a candidate must make an application for a place on the ballot. (b) An application must, in addition to complying with Section 141.031, be accompanied by the appropriate fili…

Sec. 172.022. AUTHORITY WITH WHOM APPLICATION FILED. (a) An application for a place on the general primary election ballot must be filed with: (1) the state chair, for an office filled by voters of more than one county; or (2) the county chair or the secretary, if any, of the cou…

Sec. 172.0221. NOTICE TO CANDIDATE REGARDING POSTING OF CERTAIN INFORMATION. The authority with whom an application is filed must inform the candidate that the candidate's public mailing address and, if provided on the application, the candidate's electronic mail address will be …

Sec. 172.0222. REVIEW OF APPLICATION; NOTICE TO CANDIDATE. (a) If the application of this section conflicts with the application of Section 141.032, this section prevails. (b) On the filing of an application for a place on the general primary election ballot, the authority with w…

Sec. 172.0223. LIMITATION ON CHALLENGE OF APPLICATION. (a) If the application of this section conflicts with the application of Section 141.034, this section prevails. (b) An application for a place on the general primary election ballot may not be challenged for compliance with …

Sec. 172.023. REGULAR FILING PERIOD. (a) An application for a place on the general primary election ballot must be filed not later than 6 p.m. on the second Monday in December of an odd-numbered year unless the filing deadline is extended under Subchapter C. (b) An application, o…

Sec. 172.024. FILING FEE. (a) The filing fee for a candidate for nomination in the general primary election is as follows: (13) district attorney, criminal district attorney, or county attorney performing the duties of a district attorney . . . . . . . . . . . . . . . . . . . . .…

Sec. 172.025. NUMBER OF PETITION SIGNATURES REQUIRED. The minimum number of signatures that must appear on the petition authorized by Section 172.021(b) is: (1) 5,000, for a statewide office; or (2) for a district, county, or precinct office, the lesser of: (A) 500; or (B) two pe…

Sec. 172.026. RESTRICTION ON PETITION SIGNER. On signing a petition to be filed under Section 172.021, the signer becomes ineligible to vote in a primary election or participate in a convention of another political party during the voting year in which the primary election is hel…

Sec. 172.027. STATEMENT ON PETITION. The following statement must appear at the top of each page of a petition to be filed under Section 172.021: "I know that the purpose of this petition is to entitle (insert candidate's name) to have his or her name placed on the ballot for the…

Sec. 172.028. STATE CHAIR'S CERTIFICATION OF NAMES FOR PLACEMENT ON GENERAL PRIMARY BALLOT. (a) Except as provided by Subsection (c), the state chair shall certify to the secretary of state for placement on the general primary election ballot the name of each candidate who files …

Sec. 172.029. SUBMISSION AND COMPILATION OF INFORMATION PERTAINING TO CANDIDATES. (a) For each general primary election, the state chair and each county chair shall electronically submit the following information: (1) the name of each candidate who files an application for a plac…

Sec. 172.051. WITHDRAWAL, DEATH, OR INELIGIBILITY GENERALLY. With respect to withdrawal, death, or ineligibility of a candidate in a primary election, this subchapter supersedes Subchapter A, Chapter 145, to the extent of any conflict. Acts 1985, 69th Leg., Ch. 211, Sec. 1, eff. …

Sec. 172.052. WITHDRAWAL FROM GENERAL PRIMARY. (a) A candidate for nomination may not withdraw from the general primary election after the first day after the date of the regular filing deadline for the general primary election. (b) A withdrawal request for the general primary mu…

Sec. 172.053. ADMINISTRATIVE DECLARATION OF INELIGIBILITY AFTER POLLS CLOSE. Except for a judicial action in which a candidate's eligibility is in issue, after the polls close on primary election day and before the final canvass for the office sought by the candidate is completed…

Sec. 172.054. EXTENDED FILING DEADLINE. (a) The deadline for filing an application for a place on the general primary election ballot is extended as provided by this section if a candidate who has made an application that complies with the applicable requirements: (1) dies on or …

Sec. 172.055. PUBLIC NOTICE OF EXTENDED FILING. (a) If the deadline for filing applications is extended, notice of the extended filing shall be given as provided by this section. (b) The authority with whom the withdrawn, deceased, or ineligible candidate's application was filed …

Sec. 172.056. SUPPLEMENTAL LIST OF CANDIDATES. (a) If the deadline for filing applications is extended, an electronic submission shall be made containing the name of each candidate: (1) who files an application that complies with the applicable requirements during the extended fi…

Sec. 172.057. WITHDRAWN, DECEASED, OR INELIGIBLE CANDIDATE'S NAME OMITTED FROM GENERAL PRIMARY BALLOT. A candidate's name shall be omitted from the general primary election ballot if the candidate withdraws, dies, or is declared ineligible on or before the first day after the dat…

Sec. 172.058. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO APPEAR ON GENERAL PRIMARY BALLOT. (a) If a candidate who has made an application for a place on the general primary election ballot that complies with the applicable requirements dies or is declared ineligible after the fir…

Sec. 172.059. WITHDRAWAL FROM RUNOFF PRIMARY. (a) A candidate for nomination may not withdraw from the runoff primary election after 5 p.m. of the 3rd day after the state canvass under Section 172.120. (b) A withdrawal request for the runoff primary must be filed with the state c…

Sec. 172.060. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO APPEAR ON RUNOFF PRIMARY BALLOT. (a) If a runoff primary candidate dies or is declared ineligible before runoff primary election day, the candidate's name shall be placed on the ballot. (b) If a deceased or ineligible candi…

Sec. 172.061. CANDIDATE FOR PARTY OFFICE. (a) Except for Sections 172.058(b), 172.059(c), and 172.060(b), this subchapter applies to a candidate for county chair or precinct chair. (b) If a runoff candidate for county chair or precinct chair withdraws, the remaining candidate is …

Sec. 172.081. PRIMARY COMMITTEE. (a) Except as provided by Subsection (b), a primary committee is established in each county having a county executive committee. The primary committee consists of: (1) the county chair; and (2) four other members of the county executive committee,…

Sec. 172.082. ORDER OF NAMES ON GENERAL PRIMARY BALLOT: REGULAR DRAWING. (a) The order of the candidates' names on the general primary election ballot for each county shall be determined by a drawing. (b) The county chair or the county chair's designee shall conduct the drawing u…

Sec. 172.083. REVIEW AND APPROVAL OF BALLOT BY PRIMARY COMMITTEE. If a primary committee was established, before having the official ballots for a general primary election printed, the county chair shall submit the format for the official ballot to the primary committee for its r…

Sec. 172.084. ORDER OF NAMES ON RUNOFF PRIMARY BALLOT. (a) The order of the candidates' names on the runoff primary election ballot for each county shall be in the same order as on the general primary election ballot. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735…

Sec. 172.085. NAME OF PARTY ON BALLOT. The name of the political party holding a primary election shall be placed at the top of the primary ballot. Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 172.086. PLEDGE ON BALLOT. The following pledge shall be placed on the primary election ballot above the listing of candidates' names: "I am a (insert appropriate political party) and understand that I am ineligible to vote or participate in another political party's primary…

Sec. 172.087. REFERENDUM ORDERED BY STATE EXECUTIVE COMMITTEE. The state executive committee may provide by resolution that a proposal to include a demand for specific legislation or any other matter in the party's platform or resolutions be submitted to a vote by placement on th…

Sec. 172.088. VOTER PETITION FOR REFERENDUM. (a) Voters by petition may require that a proposal to include a demand for specific legislation or any other matter in a political party's platform or resolutions be submitted to a vote in the party's general primary election by placem…

Sec. 172.089. ORDER OF PARTY OFFICES ON BALLOT. The party offices of county chair and precinct chair shall be listed on the primary election ballot after the public offices with the office of county chair listed first. Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Ame…

Sec. 172.090. SEPARATE BALLOT FOR OFFICE OF PRECINCT CHAIR. (a) In a primary election, the county executive committee may provide by resolution, order, or other official action for voting by separate paper ballot for the office of precinct chair. (b) The separate paper ballot for…

Sec. 172.111. CONDUCT OF PRIMARY ELECTION GENERALLY. (a) With respect to the conduct of a primary election, this subchapter supersedes Title 6 to the extent of any conflict. (b) The county executive committee shall supervise the overall conduct of a primary election in each count…

Sec. 172.1111. POSTING NOTICE OF CONVENTIONS REQUIRED. (a) Before the opening of the polls during the early voting period and on election day, the presiding judge shall post at each outside door through which a voter may enter the building in which the polling place is located a …

Sec. 172.1112. NOTICE OF ELECTION. (a) The county clerk shall post a notice of the election and a notice of consolidated precincts, if applicable, in the manner prescribed by Section 4.003(b) for general and special elections. The notice of the election shall be posted on the cou…

Sec. 172.1113. COUNTY CHAIR PERMITTED IN POLLING PLACE. (a) In this section, "voting period" means the period beginning when the polls open for voting and ending when the polls close or the last voter has voted, whichever is later. (b) The county chair of a political party conduc…

Sec. 172.1114. DISTRIBUTION OF NOTICE OF CONVENTIONS. (a) A political party may prepare a notice not larger than letter-sized for distribution to each voter participating in the party's primary election at the time the voter is accepted for voting. (b) The notice may include: (1)…

Sec. 172.112. WRITE-IN VOTING. Write-in voting in a primary election is not permitted. Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1997, 75th Leg., ch. 864, Sec. 145, eff. Sept. 1, 1997. Amended by: Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Se…

Sec. 172.113. UNOFFICIAL TABULATION OF PRECINCT RESULTS. (a) The authority establishing a central counting station shall prepare the unofficial tabulation of precinct results. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Sec. 64(2), eff. September 1, 2017. (c)…

Sec. 172.114. DISPOSITION OF POLL LIST. The general custodian of election records shall preserve the poll lists maintained for a primary election for 22 months. Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by: Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), …

Sec. 172.1141. LIST OF REGISTERED VOTERS FOR CONVENTION. (a) A county clerk shall prepare a list under this section unless, not later than the 90th day before the date of the primary, the county chair notifies the county clerk that the chair does not require a list. At the same t…

Sec. 172.115. DISPOSITION OF LIST OF REGISTERED VOTERS. (a) Subject to Subsection (b), the voter registrar shall preserve each precinct list of registered voters that is used for a primary election for 22 months. (b) The registrar shall return each list that is to be used in a su…