ELECTION CODE
CHAPTER 142. INDEPENDENT CANDIDATE IN GENERAL ELECTION FOR STATE
AND COUNTY OFFICERS
§ 142.001. APPLICABILITY OF CHAPTER. This chapter
applies to an independent candidate for an office that is to be
voted on at the general election for state and county officers
except the offices of president and vice-president of the United
States.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 142.002. DECLARATION OF INTENT REQUIRED. (a) To be
entitled to a place on the general election ballot, a candidate must
make a declaration of intent to run as an independent candidate.
(b) A declaration of intent to run as an independent
candidate must:
(1) be in writing and be signed and acknowledged by the
candidate;
(2) be filed with the authority with whom the
candidate's application for a place on the ballot is required to be
filed within the regular filing period for an application for a
place on a general primary election ballot; and
(3) contain:
(A) the candidate's name and residence address;
(B) the office sought, including any place number
or other distinguishing number; and
(C) 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.
(c) This section does not apply to:
(1) a candidate for an unexpired term if the vacancy
occurs after the 10th day before the regular filing deadline for an
application for a place on a general primary election ballot; or
(2) a candidate for an office for which the regular
application filing deadline for candidates in a primary election is
extended.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 142.0021. FILING DECLARATIONS OF INTENT FOR MORE THAN
ONE OFFICE PROHIBITED. (a) A candidate may not file declarations
of intent 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 declaration of intent in
violation of this section, each declaration filed subsequent to the
first one filed is invalid.
Added by Acts 1997, 75th Leg., ch. 1349, § 54, eff. Sept. 1,
1997.
§ 142.003. PRESERVATION OF DECLARATION. The authority
with whom a declaration of intent is required to be filed shall
preserve each declaration filed with the authority until the day
after general election day.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 97, eff. Sept. 1, 1997.
§ 142.004. APPLICATION REQUIRED. (a) To be entitled
to a place on the general 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 a petition that satisfies the
requirements prescribed by Section 141.062.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 142.005. AUTHORITY WITH WHOM APPLICATION FILED. An
application for a place on the ballot 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, § 1, eff. Jan. 1, 1986.
§ 142.006. REGULAR FILING DEADLINE FOR
APPLICATION. (a) An application for a place on the ballot must be
filed not later than 5 p.m. of the 30th day after runoff primary
election day, except as provided by Section 202.007.
(b) An application filed by mail is considered to be filed
at the time of its receipt by the appropriate authority.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 472, § 39, eff. Sept. 1, 1987; Acts
1987, 70th Leg., ch. 490, § 1, eff. Sept. 1, 1987.
§ 142.007. NUMBER OF PETITION SIGNATURES REQUIRED. The
minimum number of signatures that must appear on a candidate's
petition is:
(1) for a statewide office, one percent of the total
vote received by all candidates for governor in the most recent
gubernatorial general election; or
(2) for a district, county, or precinct office, the
lesser of:
(A) 500; or
(B) five percent of the total vote received in
the district, county, or precinct, as applicable, by all candidates
for governor in the most recent gubernatorial general election,
unless that number is under 25, in which case the required number of
signatures is the lesser of:
(i) 25; or
(ii) 10 percent of that total vote.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 142.008. STATEMENT ON PETITION. The following
statement must appear at the top of each page of a candidate's
petition: "I know the purpose of this petition. I have not voted in
the general primary election or runoff primary election of any
political party that has nominated, at either election, a candidate
for the office of (insert office title) for which (insert
candidate's name) is a candidate."
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 142.009. PETITION TO BE CIRCULATED AFTER PRIMARY. A
signature on a candidate's petition is invalid if the signer:
(1) signed the petition on or before general primary
election day or, if a runoff primary is held for the office sought
by the candidate, on or before runoff primary election day; or
(2) voted in the general or runoff primary election of
a political party that made a nomination, at either primary, for the
office sought by the candidate.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 142.010. CERTIFICATION OF CANDIDATES' NAMES FOR
PLACEMENT ON GENERAL ELECTION BALLOT. (a) Except as provided by
Subsection (c), the authority with whom applications for a place on
the ballot are required to be filed shall certify in writing for
placement on the general election ballot the name of each candidate
who files with the authority a declaration of intent that complies
with Section 142.002(b), if required, and an application that
complies with Section 142.004(b).
(b) Not later than the 55th day before general 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 candidate's name is to appear on the
ballot.
(c) A candidate's name may not be certified:
(1) if, before delivering the certification, the
certifying authority learns that the name is to be omitted from the
ballot under Section 145.064; or
(2) for an office for which the candidate's
declaration or application is invalid under Section 142.0021 or
141.033, as applicable.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 1349, § 55, eff. Sept. 1, 1997.
