1. Texas Secretary of State Elections Division
Vacancies
Heidi Martinez, Staff Attorney Elections Division – Texas Secretary of State Election Law Seminar for County Chairs, September 2017
1/17/2019
Texas Secretary of State Elections Division

2. Texas Secretary of State Elections Division
Outline
When the vacancy occurs
Filling a vacancy for office not normally on 2018 primary ballot
Filling a vacancy in nomination for general election
1/17/2019
Texas Secretary of State Elections Division

3. 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!
1/17/2019
Texas Secretary of State Elections Division

4. When the Vacancy Occurs, 1
Death of Officer
Vacancy occurs on the date of death [§ ]
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 [§ ]
1/17/2019
Texas Secretary of State Elections Division

5. 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 [§ ]
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 [§ ]
1/17/2019
Texas Secretary of State Elections Division

6. 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 [§ ]
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 [§ ]
1/17/2019
Texas Secretary of State Elections Division

7. 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 [§ ]
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 [§ ]
1/17/2019
Texas Secretary of State Elections Division

8. Primary Filing Period- First Days
Texas Secretary of State Elections Division
1/17/2019
Primary Filing Period- First Days
Tuesday, September 12- First day an application for the office of precinct chair can be filed
Saturday, November 11-First day to file an application for office other than precinct chair
1/17/2019
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

9. Primary Filing Period- Last Day
Texas Secretary of State Elections Division
1/17/2019
Primary Filing Period- Last Day
Monday, December 11 – 6:00 P.M.- deadline for filing an application for place on general primary ballot
What about extended deadlines?
1/17/2019
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

10. Vacancies for Offices not normally on 2018 Primary Ballot
Texas Secretary of State Elections Division
1/17/2019
Vacancies for Offices not normally on 2018 Primary Ballot
These deadlines are very “If, Then” heavy
When does the vacancy occur?
See Chapter 201 for effective date
1/17/2019
Texas Secretary of State
Texas Secretary of State Elections Division

11. Texas Secretary of State Elections Division
1/17/2019
Regular Deadline
If the Vacancy Occurs…
On or before December 1, 2017
Goes on the Primary Ballot
Subject to regular (December 11) filing deadline
Candidates cannot file before the vacancy exists
1/17/2019
Texas Secretary of State
Texas Secretary of State Elections Division

12. Texas Secretary of State Elections Division
1/17/2019
Extended Deadline
If the Vacancy Occurs…
On or after December 2 but on or before December 6
Subject to extended (December 18) filing deadlines
Goes on the Primary Ballot
1/17/2019
Texas Secretary of State
Texas Secretary of State Elections Division

13. Texas Secretary of State Elections Division
1/17/2019
Extended Deadline
If the Vacancy Occurs…
After December 6 but on or before August 24
Office will not appear on primary ballot, but will appear on general election ballot
Review Primary Appendices
Nomination made by executive committee
1/17/2019
Texas Secretary of State
Texas Secretary of State Elections Division

14. The Primary Appendices
Texas Secretary of State Elections Division
1/17/2019
The Primary Appendices
Contain rules for vacancies
Contains parts A, B, & C
1/17/2019
Texas Secretary of State
Texas Secretary of State Elections Division

15. Texas Secretary of State Elections Division
1/17/2019
Nomination by Primary--Appendix A For offices not normally on 2018 primary ballot
When vacancy occurs on or before December 1
Same procedure for offices normally up for election
Candidates have same fee/petition requirements
Office goes on the primary ballot
1/17/2019
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

16. Texas Secretary of State Elections Division
1/17/2019
Nomination by Executive Committee—Appendix A For offices not normally on 2018 primary ballot
For vacancies occurring after December 6 but on or before August 24
Nomination made by appropriate committee (state, district, county, etc.)
Nominee must receive a majority of the votes of those voting at the meeting, rather than of those present at the meeting
See HB 1735
Must be certified in writing
1/17/2019
Texas Secretary of State
Texas Secretary of State Elections Division

17. Death, Withdrawal, or Ineligibility or Candidates– Appendix B
Texas Secretary of State Elections Division
1/17/2019
Death, Withdrawal, or Ineligibility or Candidates– Appendix B
Cases in which the filing deadline is extended:
Death of a candidate between 12/6-12/12
Withdrawal/Ineligibility of a incumbent candidate between 12/11-12/12
Withdrawal or ineligibility of sole candidate on 12/11 or 12/12
1/17/2019
Texas Secretary of State
Texas Secretary of State Elections Division

18. Replacement Nomination– Appendix C
Texas Secretary of State Elections Division
1/17/2019
Replacement Nomination– Appendix C
Refers to vacancies in party’s nomination for general election
Only filled by nomination in specific circumstances
1/17/2019
Texas Secretary of State
Texas Secretary of State Elections Division

19. Texas Secretary of State Elections Division
1/17/2019
Circumstances
#1: Death occurring after December 12 and on or before August 24
#2: Declaration of ineligibility occurring after December 12 and on or before August 24
#3: Withdrawal due to catastrophic illness occurring after December 12 and on or before August 24
Requires the certification of two licensed physicians
1/17/2019
Texas Secretary of State
Texas Secretary of State Elections Division

20. Texas Secretary of State Elections Division
1/17/2019
Circumstances
#4: Withdrawal due to nomination or appointment to other elected office occurring after December 12 and on or before August 24
#5: Withdrawal by only nominated candidate on or before August 24
#6: Death or ineligibility of a runoff primary candidate before runoff primary election day
1/17/2019
Texas Secretary of State
Texas Secretary of State Elections Division

21. Texas Secretary of State Elections Division
1/17/2019
Nomination Process
#3, #4, #5 allow for each party with ballot access to make nomination
Nomination made by appropriate committee
District, State, County, etc.
Nomination can happen on or before the 71st day before general election day, August 27
1/17/2019
Texas Secretary of State
Texas Secretary of State Elections Division

22. Texas Secretary of State Elections Division
1/17/2019
Scenario 1
John Q Sample, County Commissioner of Example County resigns November 30, 2017
Office will go on March 6 primary ballot
Regular filing deadline in effect
1/17/2019
Texas Secretary of State
Texas Secretary of State Elections Division

23. Texas Secretary of State Elections Division
1/17/2019
Scenario 2
John Q Sample, County Commissioner of Example County resigns December 16, 2017
Office will not go on March 6 primary ballot
Candidates will not file; vacancy filled by nomination of appropriate committee elected in 2018 primary
1/17/2019
Texas Secretary of State
Texas Secretary of State Elections Division

24. Texas Secretary of State Elections Division
1/17/2019
Scenario 3
John Q Sample, County Commissioner of Example County resigns December 4, 2017
Office will go on March 6 primary ballot
Filing deadline is extended to December 18, 2017
1/17/2019
Texas Secretary of State
Texas Secretary of State Elections Division

25. Texas Secretary of State Elections Division
1/17/2019
Scenario 4
John Q Sample, incumbent candidate for County Commissioner of Example County withdraws December 12, 2017
Office will go on March 6 primary ballot
Filing deadline is extended to December 18, 2017
1/17/2019
Texas Secretary of State
Texas Secretary of State Elections Division

26. Texas Secretary of State Elections Division
1/17/2019
Scenario 5
John Q Sample is the only nominated candidate for county judge of Example County. John Q Sample withdraws June 11, 2018 New party officers take office on 6/11 Parties with ballot access are able to make nominations for the general election ballot for county judge of Sample County
1/17/2019
Texas Secretary of State
Texas Secretary of State Elections Division

27. Texas Secretary of State Elections Division
1/17/2019
Scenario 5, Cont.
John Q Sample is the only nominated candidate for county judge of Example County. John Q Sample dies June 11, 2018 Only Sample’s party makes a replacement nomination
1/17/2019
Texas Secretary of State
Texas Secretary of State Elections Division

28. Texas Secretary of State Elections Division
Thanks for Listening
Questions?
1/17/2019
Texas Secretary of State Elections Division