CHAPTER 202. VACANCY IN OFFICE OF STATE OR COUNTY GOVERNMENT
ELECTION CODE
TITLE 12. ELECTIONS TO FILL VACANCY IN OFFICE
CHAPTER 202. VACANCY IN OFFICE OF STATE OR COUNTY GOVERNMENT
Sec. 202.001. APPLICABILITY OF CHAPTER. This chapter applies to
elective offices of the state and county governments except the
offices of state senator and state representative.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 202.002. VACANCY FILLED AT GENERAL ELECTION. (a) If a
vacancy occurs on or before the 74th day before the general
election for state and county officers held in the next-to-last
even-numbered year of a term of office, the remainder of the
unexpired term shall be filled at the next general election for
state and county officers, as provided by this chapter.
(b) If a vacancy occurs after the 74th day before a general
election day, an election for the unexpired term may not be held
at that general election. The appointment to fill the vacancy
continues until the next succeeding general election and until a
successor has been elected and has qualified for the office.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2005, 79th Leg., Ch.
1109, Sec. 28, eff. September 1, 2005.
Sec. 202.003. NEW OFFICE. (a) Subject to Subsection (b), an
election for the first full term of an office for which no
previous election has been held is governed by the same
provisions as an election for the remainder of an unexpired term,
and for that purpose, references in this chapter to an unexpired
term include a full term in the case of those offices.
(b) If an Act of the legislature creating an office prescribes a
date of creation that is later than the effective date of the
Act, and if an authority authorized to create the office at an
earlier date has not done so, the office shall appear on the
ballot as follows:
(1) if the date of creation occurs in an even-numbered year, the
office appears on the ballot in that even-numbered year;
(2) if the date of creation occurs on or before March 1 of an
odd-numbered year, the office appears on the ballot in the
preceding even-numbered year; and
(3) if the date of creation occurs after March 1 of an
odd-numbered year, the office appears on the ballot in the
subsequent even-numbered year.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1993, 73rd Leg., ch. 728, Sec. 72, eff. Sept. 1, 1993.
Sec. 202.004. NOMINATION BY PRIMARY ELECTION. (a) A political
party's nominee for an unexpired term must be nominated by
primary election if:
(1) the political party is making nominations by primary
election for the general election in which the vacancy is to be
filled; and
(2) the vacancy occurs on or before the 62nd day before general
primary election day.
(b) If the vacancy occurs on or before the 10th day before the
date of the regular deadline for candidates to file applications
for a place on the general primary ballot, an application for the
unexpired term must be filed by the regular filing deadline.
(c) If the vacancy occurs after the 10th day before the date of
the regular filing deadline, an application for the unexpired
term must be filed not later than 5 p.m. of the 15th day after
the date the vacancy occurs or 5 p.m. of the 60th day before
general primary election day, whichever is earlier.
(d) The filing fee or petition requirements for a candidate for
an unexpired term are the same as for a candidate for a full
term.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 28, eff. Sept. 1,
1987.
Sec. 202.005. NOMINATION BY CONVENTION. A political party's
nominee for an unexpired term must be nominated by the
appropriate party convention if:
(1) the political party is making nominations by convention for
the general election in which the vacancy is to be filled; and
(2) the vacancy occurs on or before the fourth day before the
date the convention convenes.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 202.006. NOMINATION BY EXECUTIVE COMMITTEE. (a) A
political party's state, district, county, or precinct executive
committee, as appropriate for the particular office, may nominate
a candidate for the unexpired term if:
(1) in the case of a party holding a primary election, the
vacancy occurs after the 62nd day before general primary election
day; or
(2) in the case of a party nominating by convention, the vacancy
occurs after the fourth day before the date the convention having
the power to make a nomination for the office convenes.
(b) The nominating procedure for an unexpired term under this
section is the same as that provided by Subchapter B, Chapter
145, for filling a vacancy in a party's nomination, to the extent
that it can be made applicable.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 29, eff. Sept. 1,
1987.
Sec. 202.007. FILING DEADLINE FOR APPLICATION OF INDEPENDENT
CANDIDATE. (a) If a vacancy occurs after runoff primary
election day, an independent candidate for the unexpired term
must file the application for a place on the ballot not later
than 5 p.m. of the 30th day after the date the vacancy occurs or
5 p.m. of the 70th day before general election day, whichever is
earlier.
(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, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2005, 79th Leg., Ch.
1109, Sec. 29, eff. September 1, 2005.