Vince Leibowitz wrote:
"For the redrawn congressional districts, the
Court ORDERS that special elections for the office of United States
representative for the 100th Congress be held under section 204.021 of
the Texas Election Code in conjunction with the November 7, 2006
general election."
Correct. But qualification for getting on the ballot is still unclear.
Can a filing fee already paid be applied to this? Petitions for a
previous district? What us the number of
petition signatures required, and when are they due? I couldn't get a
firm answer when I called the Sec. of State. I'll call again Monday.
512/463-5650 or 800/252-8683.
http://www.capitol.state.tx.us/statutes/docs/EL/content/htm/el.012.00.000203.00.htm#203.002.00
ELECTION CODE
CHAPTER 203. VACANCY IN LEGISLATURE
§ 203.001. APPLICABILITY OF CHAPTER. This chapter
applies to the offices of state senator and state representative.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 203.002. VACANCY FILLED AT SPECIAL ELECTION. An
unexpired term in office may be filled only by a special election in
accordance with this chapter.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 203.003. MAJORITY VOTE REQUIRED. To be elected in a
special election for an unexpired term, a candidate must receive a
majority of the total number of votes received by all candidates for
the unexpired term.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 203.004. DATE OF ELECTION. (a) Except as provided by
Subsection (b), a special election shall be held on the first
uniform election date occurring on or after the 36th day after the
date the election is ordered.
(b) If the election is to be held as an emergency election,
it shall be held on a Tuesday or Saturday occurring on or after the
36th day and before the 50th day after the date the election is
ordered.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 389, § 5, eff. Sept. 1, 1991.
§ 203.005. APPLICATION REQUIRED. (a) To be entitled to a
place on a special 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:
(1) state the political party with which the candidate
is aligned or, if the candidate is not aligned with a party, state
that fact; and
(2) be accompanied by:
(A) a filing fee in the amount prescribed by
Section 172.024 for a candidate for nomination for the same office
in a general primary election; or
(B) a petition that satisfies the requirements
prescribed by Section 141.062.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 203.006. APPLICATION FILED WITH SECRETARY OF STATE. An
application for a place on a special election ballot must be filed
with the secretary of state.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 203.007. NUMBER OF PETITION SIGNATURES REQUIRED. The
minimum number of signatures that must appear on the petition
authorized by Section 203.005(b)(2)(B) is 500.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 203.008. CIRCULATION OF PETITION. A petition
authorized by Section 203.005(b)(2)(B) may not be circulated before
the day after the date the vacancy occurs.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 203.009. CERTIFICATION OF CANDIDATES FOR PLACEMENT ON
BALLOT. (a) Except as provided by Subsection (c), the secretary of
state shall certify in writing for placement on the special
election ballot the name of each candidate who files with the
secretary an application that complies with Section 203.005(b).
(b) As soon as practicable after the deadline for filing
applications, the secretary of state shall deliver the
certification to the authority responsible for having the official
special election ballot prepared in each county in which the
special election is to be held.
(c) A candidate's name may not be certified if, before
delivering the certification, the secretary of state learns that
the name is to be omitted from the ballot under Section 145.094.
(d) This section does not apply to the certification of
candidates for a runoff election.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 203.010. TIME FOR CERTIFICATION OF RUNOFF
CANDIDATES. The certification of the names of the runoff
candidates for placement on a runoff ballot shall be delivered not
later than the fifth day after the date the final canvass is
completed.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 203.011. PARTY ALIGNMENT ON BALLOT. The party
alignment of each candidate shall be printed on the official ballot
next to the candidate's name.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 203.012. TIME OF CANVASS. (a) The commissioners court
shall convene to conduct the local canvass not later than the 10th
day after election day.
(b) The governor shall conduct the state canvass not later
than the 14th day after election day.
(c) The secretary of state shall post, on the bulletin board
used for posting notice of meetings of state governmental bodies, a
notice of the date, hour, and place of the canvass at least 24 hours
before the canvass is conducted.
(d) Section 1.006 does not apply to this section.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 472, § 50, eff. Sept. 1, 1987; Acts
1989, 71st Leg., ch. 163, § 5, eff. Sept. 1, 1989; Acts 1993,
73rd Leg., ch. 728, § 73, eff. Sept. 1, 1993; Acts 2003, 78th
Leg., ch. 1315, § 53, eff. Jan. 1, 2004.
§ 203.013. EXPEDITED ELECTION. (a) This section applies
to a special election to fill an unexpired term if a vacancy occurs:
(1) during a regular session of the legislature and
more than 25 days before the last possible day of the session; or
(2) during the 60 days immediately prior to the date of
convening any session of the legislature.
(b) This section supersedes other provisions of this title
to the extent of any conflict.
(c) The election must be held on a Tuesday or Saturday
occurring not earlier than the 21st day or later than the 45th day
after the date the election is ordered.
(d) If the election is to be held before the 36th day after
the date the election is ordered, the governor shall set the
deadline for filing candidates' applications for a place on the
ballot, which must be 5 p.m. of a day not earlier than the fifth day
after the date of the order and not later than the 16th day before
election day.
(e) If a runoff election is necessary, it must be held on a
Tuesday or Saturday occurring not earlier than the 12th day or later
than the 25th day after the date the election is ordered.
(f) If a runoff election is to be held before the 21st day
after the date the election is ordered, an election notice given by
posting shall be posted not later than the seventh day after the
date of the order.
(g) If a runoff election is to be held before the 16th day
after the date the election is ordered, an election notice given by
publication shall be published not later than the third day before
election day.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 203.014. DISPOSITION OF FILING FEES. The secretary of
state shall deposit the filing fees received under Section 203.005
in a suspense account with the comptroller until after election
day. The funds remaining in the account after any refunds are made
shall be deposited to the credit of the General Revenue Fund.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 1423, § 6.02, eff. Sept. 1, 1997.
§ 204.005. VACANCY FILLED AT SPECIAL ELECTION. If a
vacancy occurs during an odd-numbered year or after the 62nd day
before general primary election day in an even-numbered year, the
remainder of the unexpired term shall be filled by a special
election in the same manner as provided by Chapter 203 for the
legislature, except that:
(1) the minimum number of signatures that must appear
on a petition accompanying a candidate's application for a place on
the ballot is 5,000; and
(2) Section 203.013 does not apply.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1986, 69th Leg., 3rd C.S., ch. 14, § 30, eff. Sept. 1, 1987.
http://www.capitol.state.tx.us/statutes/docs/EL/content/htm/el.012.00.000204.00.htm#204.004.00
SUBCHAPTER B. VACANCY IN HOUSE OF REPRESENTATIVES
§ 204.021. VACANCY FILLED AT SPECIAL ELECTION. An
unexpired term in the office of United States representative may be
filled only by a special election in the same manner as provided by
Chapter 203 for the legislature, except that Section 203.013 does
not apply.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
http://www.capitol.state.tx.us/statutes/docs/EL/content/htm/el.009.00.000141.00.htm#141.031.00
§ 141.031. GENERAL REQUIREMENTS FOR APPLICATION. A
candidate's application for a place on the ballot that is required
by this code must:
(1) be in writing;
(2) be signed and sworn to by the candidate and
indicate the date that the candidate swears to the application;
(3) be timely filed with the appropriate authority;
and
(4) include:
(A) the candidate's name;
(B) the candidate's occupation;
(C) the office sought, including any place number
or other distinguishing number;
(D) 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;
(E) a statement that the candidate is a United
States citizen;
(F) a statement that the candidate has not been
determined mentally incompetent by a final judgment of a court;
(G) a statement that the candidate has not been
finally convicted of a felony from which the candidate has not been
pardoned or otherwise released from the resulting disabilities;
(H) the candidate's date of birth;
(I) the candidate's residence address or, if the
residence has no address, the address at which the candidate
receives mail and a concise description of the location of the
candidate's residence;
(J) the candidate's length of continuous
residence in the state and in the territory from which the office
sought is elected as of the date the candidate swears to the
application;
(K) the statement: "I, __________, of __________
County, Texas, being a candidate for the office of __________,
swear that I will support and defend the constitution and laws of
the United States and of the State of Texas"; and
(L) a statement that the candidate is aware of
the nepotism law, Chapter 573, Government Code.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 427, § 4, eff. Sept. 1, 1987; Acts
1993, 73rd Leg., ch. 107, § 3A.03, eff. Aug. 30, 1993; Acts
1995, 74th Leg., ch. 76, § 5.95(26), eff. Sept. 1, 1995.
§ 141.032. REVIEW OF APPLICATION; NOTICE TO
CANDIDATE. (a) On the filing of an application for a place on the
ballot, the authority with whom the application is filed shall
review the application to determine whether it complies with the
requirements as to form, content, and procedure that it must
satisfy for the candidate's name to be placed on the ballot.
(b) Except as provided by Subsection (c), the review shall
be completed not later than the fifth day after the date the
application is received by the authority.
(c) If an application is accompanied by a petition, the
petition is considered part of the application, and the review
shall be completed as soon as practicable after the date the
application is received by the authority. However, the petition is
not considered part of the application for purposes of determining
compliance with the requirements applicable to each document, and a
deficiency in the requirements for one document may not be remedied
by the contents of the other document.
(d) A determination under this section that an application
complies with the applicable requirements does not preclude a
subsequent determination that the application does not comply,
subject to Section 141.034.
(e) If an application does not comply with the applicable
requirements, the authority shall reject the application and
immediately deliver to the candidate written notice of the reason
for the rejection.
(f) This section does not apply to a determination of a
candidate's eligibility.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1993, 73rd Leg., ch. 728, § 54, eff. Sept. 1, 1993; Acts
1997, 75th Leg., ch. 1349, § 51, eff. Sept. 1, 1997.
http://www.capitol.state.tx.us/statutes/docs/EL/content/htm/el.010.00.000172.00.htm#172.024.00
§ 172.024. FILING FEE. (a) The filing fee for a candidate
for nomination in the general primary election is as follows:
(1) United States $5,000
(2) office elected statewide, except United
States 3,750
(3) United States representative 3,125
-- Jon
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