Texas Secretary of State Elections Division Vacancies Tim Juro, Staff Attorney Elections Division – Texas Secretary of State Election Law Seminar for County Chairs, October 2015 11/23/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Outline When the vacancy occurs Filling a vacancy for office not normally on 2016 primary ballot Filling a vacancy in nomination for general election 11/23/2018 Texas Secretary of State Elections Division

Resigning or Declining Office [§§ 201.001, 201.002] To be effective, must be: In Writing Signed Delivered to the appropriate authority having power to act on the resignation CANNOT be refused! 11/23/2018 Texas Secretary of State Elections Division

When the Vacancy Occurs, 1 Death of Officer Vacancy occurs on the date of death [§ 201.022] Resignation of Officer Regardless of if the resignation is effective immediately OR at a later date, vacancy (for the purpose of filling the vacancy) occurs on the date the resignation is accepted by the appropriate authority or on the eighth day after the resignation is received, whichever is earlier [§ 201.023] 11/23/2018 Texas Secretary of State Elections Division

When the Vacancy Occurs, 2 Texas Secretary of State Elections Division Removal If officer is removed from office by a court, vacancy occurs on date the judgment becomes final [§ 201.024] Acceptance of Other Office If officer accepts another office that may not lawfully be held simultaneously with their original office, vacancy occurs in original office the date the officer qualifies for the other office [§ 201.025] 11/23/2018 Texas Secretary of State Elections Division

When the Vacancy Occurs, 3 Texas Secretary of State Elections Division Declaration of Ineligibility If officer is declared ineligible to hold office by court or administrative authority, vacancy occurs on date that judgment becomes final or date that administrative declaration is made [§ 201.026] Creation of a New Office If a new office is created, vacancy occurs on the effective date of the law creating the office or on the date the order creating the new date is adopted [§ 201.027] 11/23/2018 Texas Secretary of State Elections Division

When the Vacancy Occurs, 4 Texas Secretary of State Elections Division Election of Deceased/Ineligible Candidate If deceased/ineligible candidate elected, vacancy occurs on the date of the final canvass of the returns for that office [§ 201.28] Declination of Officer-Elect If an officer-elect declines to qualify for the office before assuming the office, vacancy occurs on the date the declination is delivered to the appropriate authority [§ 201.029] 11/23/2018 Texas Secretary of State Elections Division

Primary Filing Period- First Days Texas Secretary of State Elections Division 11/23/2018 Primary Filing Period- First Days Tuesday, September 15- First day an application for the office of precinct chair can be filed Saturday, November 14-First day to file an application for office other than precinct chair 11/23/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Primary Filing Period- Last Day Texas Secretary of State Elections Division 11/23/2018 Primary Filing Period- Last Day Monday, December 14 – 6:00 P.M.- deadline for filing an application for place on general primary ballot What about extended deadlines? 11/23/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Vacancies for Offices not normally on 2016 Primary Ballot Texas Secretary of State Elections Division 11/23/2018 Vacancies for Offices not normally on 2016 Primary Ballot These deadlines are very “If, Then” heavy When does the vacancy occur? See Chapter 201 for effective date 11/23/2018 Texas Secretary of State Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 11/23/2018 Extended Deadlines If the Vacancy Occurs… On or before December 4, 2015 Goes on the Primary Ballot Subject to regular (December 14) filing deadline Candidates cannot file before the vacancy exists 11/23/2018 Texas Secretary of State Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 11/23/2018 Extended Deadlines, Pt. 2 If the Vacancy Occurs… On or after December 5 but on or before December 9 Subject to extended (December 21) filing deadlines 11/23/2018 Texas Secretary of State Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 11/23/2018 Extended Deadlines, Pt. 3 If the Vacancy Occurs… After December 9 but on or before August 26 Office will not appear on primary ballot, but will appear on general election ballot Review Primary Appendices Nomination made by executive committee 11/23/2018 Texas Secretary of State Texas Secretary of State Elections Division

The Primary Appendices Texas Secretary of State Elections Division 11/23/2018 The Primary Appendices Contain rules for vacancies Contains parts A, B, & C 11/23/2018 Texas Secretary of State Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 11/23/2018 Nomination by Primary--Appendix A For offices not normally on 2016 primary ballot When vacancy occurs on or before December 4 Same procedure for offices normally up for election Candidates have same fee/petition requirements Office goes on the primary ballot 11/23/2018 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 11/23/2018 Nomination by Executive Committee—Appendix A For offices not normally on 2016 primary ballot For vacancies occurring after December 9 but on or before August 26 Nomination made by appropriate committee (state, district, county, etc.) Composition of these committees has changed See HB3456 Must be certified in writing 11/23/2018 Texas Secretary of State Texas Secretary of State Elections Division

Death, Withdrawal, or Ineligibility or Candidates– Appendix B Texas Secretary of State Elections Division 11/23/2018 Death, Withdrawal, or Ineligibility or Candidates– Appendix B Cases in which the filing deadline is extended: Death of a candidate between 12/5-12/9 Withdrawal/Ineligibility of a incumbent candidate between 12/5-12/9 Withdrawal or ineligibility of sole candidate on 12/14 or 12/15 11/23/2018 Texas Secretary of State Texas Secretary of State Elections Division

Replacement Nomination– Appendix C Texas Secretary of State Elections Division 11/23/2018 Replacement Nomination– Appendix C Refers to vacancies in party’s nomination for general election Only filled by nomination in specific circumstances 11/23/2018 Texas Secretary of State Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 11/23/2018 Circumstances #1: Death occurring between December 15 and August 26 #2: Declaration of ineligibility occurring between December 15 and August 26 #3: Withdrawal due to catastrophic illness occurring between December 15 and August 26 Requires the certification of two licensed physicians 11/23/2018 Texas Secretary of State Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 11/23/2018 Circumstances #4: Withdrawal due to nomination or appointment to other elected office occurring between December 15 and August 26 #5: Withdrawal by only nominated candidate before August 26 #6: Death or ineligibility of a runoff primary candidate before runoff primary election day 11/23/2018 Texas Secretary of State Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 11/23/2018 Nomination Process #3, #4, #5 allow for each party with ballot access to make nomination Nomination made by appropriate committee District, State, County, etc. Note change in composition in HB3456 Nomination can happen on or before the 71st day before general election day, August 26 11/23/2018 Texas Secretary of State Texas Secretary of State Elections Division

Committee Composition– HB3456 District Executive Committee Composed of members of each county executive committee who reside in the district Vacancies are filled in district offices by this committee State chair required to give notice of committee’s first meeting 11/23/2018 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 11/23/2018 Scenario 1 John Q Sample, County Commissioner of Example County resigns December 3, 2015 Office will go on March 1 primary ballot Regular filing deadline in effect 11/23/2018 Texas Secretary of State Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 11/23/2018 Scenario 2 John Q Sample, County Commissioner of Example County resigns December 16, 2015 Office will not go on March 1 primary ballot Candidates will not file; vacancy filled by nomination of appropriate committee elected in 2016 primary 11/23/2018 Texas Secretary of State Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 11/23/2018 Scenario 3 John Q Sample, County Commissioner of Example County resigns December 6, 2015 Office will go on March 1 primary ballot Filing deadline is extended to December 21, 2015 11/23/2018 Texas Secretary of State Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 11/23/2018 Scenario 4 John Q Sample, incumbent candidate for County Commissioner of Example County withdraws December 6, 2015 Office will go on March 1 primary ballot Filing deadline is extended to December 21, 2015 11/23/2018 Texas Secretary of State Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 11/23/2018 Scenario 5 John Q Sample is the only nominated candidate for county judge of Example County. John Q Sample withdraws June 13, 2016 New party officers take office on 6/13 Parties with ballot access are able to make nominations for the general election ballot for county judge of Sample County 11/23/2018 Texas Secretary of State Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 11/23/2018 Scenario 5, Cont. John Q Sample is the only nominated candidate for county judge of Example County. John Q Sample dies June 13, 2016 Only Sample’s party makes a replacement nomination 11/23/2018 Texas Secretary of State Texas Secretary of State Elections Division

Texas Secretary of State Elections Division Thanks for Listening Questions? 11/23/2018 Texas Secretary of State Elections Division