ELECTION CODE
CHAPTER 143. CANDIDATE FOR CITY OFFICE
§ 143.001. APPLICABILITY OF CHAPTER. This chapter
applies to a candidate for a city office.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 143.002. INDEPENDENT CANDIDACY REQUIRED. Except as
provided by Section 143.003, a candidate's name may appear on the
ballot only as an independent.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 143.003. PARTISAN CANDIDACY FOR HOME-RULE CITY OFFICE
AUTHORIZED. (a) A city charter may authorize nominations of
partisan candidates by political organizations for an office of a
home-rule city. Implementing regulations may be prescribed by the
charter or by ordinance under charter authorization.
(b) If under Section 232, Texas Election Code (Article
13.55, Vernon's Texas Election Code), as it existed before the
adoption of this code, a candidate for a home-rule city office is
nominated for an election held after January 1, 1975, and before the
effective date of this code, Section 232, Texas Election Code,
continues in effect for the purpose of nominating partisan
candidates for that city's offices until the adoption of a charter
provision authorizing or prohibiting partisan nominations.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 143.004. APPLICATION REQUIRED. Subject to Section
143.005, to be entitled to a place on the ballot, a candidate must
make an application for a place on the ballot.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 143.005. APPLICATION FOR HOME-RULE CITY
OFFICE. (a) A city charter may prescribe requirements in
connection with a candidate's application for a place on the ballot
for an office of a home-rule city. This section does not authorize
a city charter requirement in connection with the timely filing of
an application, and any charter requirement related to an
application's timely filing is superseded by Section 143.007 and
other applicable filing provisions prescribed by this code.
(b) If a city charter prescribes the requirements that a
candidate's application must satisfy for the candidate's name to be
placed on the ballot, Section 141.031(4)(L) also applies to the
application. The other provisions of Section 141.031 do not apply.
(c) If a city charter requires candidates to pay a filing
fee, the amount of the fee and an alternative procedure to payment
of the fee shall be prescribed by the charter or by ordinance under
charter authorization. However, if an ordinance prescribing an
alternative procedure to payment of a filing fee is adopted before
the effective date of this code without charter authorization, the
ordinance, as it exists on the effective date of this code,
continues in effect until the adoption of a charter provision
prescribing an alternative procedure or authorizing prescription
of an alternative procedure by ordinance.
(d) For any petition required or authorized to be filed in
connection with a candidate's application for a place on the ballot
for an office of a home-rule city, the minimum number of signatures
that must appear on the petition is the greater of:
(1) 25; or
(2) one-half of one percent of the total vote received
in the territory from which the office is elected by all candidates
for mayor in the most recent mayoral general election.
(e) If the city charter of a home-rule city with a
population of more than 1.18 million that holds nonpartisan
elections for its offices requires both a petition and a $50 fee to
be filed for a candidate's name to be placed on the ballot, those
requirements supersede this section.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 54, § 11(a), eff. Sept. 1, 1987; Acts
1987, 70th Leg., ch. 427, § 5, eff. Sept. 1, 1987; Acts 1991,
72nd Leg., ch. 597, § 66, eff. Sept. 1, 1991; Acts 2001, 77th
Leg., ch. 669, § 15, eff. Sept. 1, 2001; Acts 2003, 78th Leg.,
ch. 695, § 1, eff. June 20, 2003.
§ 143.006. AUTHORITY WITH WHOM APPLICATION
FILED. (a) Except as provided by Subsections (b) and (c), an
application for a place on the ballot must be filed with the city
secretary.
(b) An authority other than the city secretary may be
designated to receive applications by a home-rule city charter or
ordinance adopted under charter authorization.
(c) An application for a place on the ballot for the first
election of officers following the incorporation of a city must be
filed with the authority designated by law.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 143.007. FILING PERIOD. (a) Except as otherwise
provided by this code, an application for a place on the ballot must
be filed not later than 5 p.m. of the 62nd day before election day.
An application may not be filed earlier than the 30th day before the
date of the filing deadline.
(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 2003, 78th Leg., ch. 925, § 2, eff. Nov. 1, 2003.
§ 143.008. EXTENDED FILING DEADLINE FOR CERTAIN OFFICES.
(a) This section applies only to an office with a four-year term.
(b) If at the deadline prescribed by Section 143.007 no
candidate has filed an application for a place on the ballot for an
office, the filing deadline for that office is extended to 5 p.m. of
the 57th day before election day.
Added by Acts 1987, 70th Leg., ch. 133, § 1, eff. Sept. 1, 1987.
Amended by Acts 2003, 78th Leg., ch. 925, § 3, eff. Nov. 1, 2003.
