In past special congressional elections in Texas,
neither a petition nor a filing fee has been needed.
Texas filing fees are only for candidates running in a
partisan primary. Therefore, fees don't exist in
special elections, since special elections in Texas
are non-partisan.
In 1961, because Texas posed no fee and no petition to
run in a special election, the number of candidates
for US Senate (to replace Lyndon Johnson, who had to
resign since he was the new vice-president) was 73 or
so.
In the 1996 non-partisan congressional elections in
the districts newly redrawn in Texas, there were also
lots of candidates in the first round, because of the
absense of any ballot barriers. The 25th district had
eleven candidates. The 30th had eight. The others
had fewer because incumbents were running.
So I assume the same rules still apply, and neither a
fee nor a petition is needed for these 5 districts.
--- Jon Roland <jon.roland@constitution.org> wrote:
---------------------------------
Vince Leibowitz wrote: v\:* { BEHAVIOR:
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"For the redrawn congressional districts, theCourt
ORDERS that special elections for the office of United
Statesrepresentative for the 100th Congress be held
under section 204.021 ofthe Texas Election Code in
conjunction with the November 7, 2006general
election."
Correct. But qualification for getting on the ballot
is still unclear.Can a filing fee already paid be
applied to this? Petitions for aprevious district?
What us the number ofpetition signatures required, and
when are they due? I couldn't get afirm 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 CODECHAPTER 203. VACANCY IN LEGISLATURE
§ 203.001. APPLICABILITY OF CHAPTER. This
chapterapplies 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. Anunexpired term in
office may be filled only by a special election
inaccordance with this chapter.Acts 1985, 69th Leg.,
ch. 211, § 1, eff. Jan. 1, 1986. § 203.003.
MAJORITY VOTE REQUIRED. To be elected in aspecial
election for an unexpired term, a candidate must
receive amajority of the total number of votes
received by all candidates forthe unexpired term.Acts
1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 203.004. DATE OF ELECTION. (a) Except as
provided bySubsection (b), a special election shall be
held on the firstuniform election date occurring on or
after the 36th day after thedate 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 the36th day and before
the 50th day after the date the election
isordered.Acts 1985, 69th Leg., ch. 211, § 1,
eff. Jan. 1, 1986. Amended byActs 1991, 72nd Leg.,
ch. 389, § 5, eff. Sept. 1, 1991. § 203.005.
APPLICATION REQUIRED. (a) To be entitled to aplace on
a special election ballot, a candidate must make
anapplication for a place on the ballot. (b) An
application must, in addition to complying withSection
141.031: (1) state the political party with which
the candidateis aligned or, if the candidate is not
aligned with a party, statethat fact; and (2) be
accompanied by: (A) a filing fee in the amount
prescribed bySection 172.024 for a candidate for
nomination for the same officein a general primary
election; or (B) a petition that satisfies the
requirementsprescribed by Section 141.062.Acts 1985,
69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 203.006. APPLICATION FILED WITH SECRETARY OF
STATE. Anapplication for a place on a special
election ballot must be filedwith the secretary of
state.Acts 1985, 69th Leg., ch. 211, § 1, eff.
Jan. 1, 1986. § 203.007. NUMBER OF PETITION
SIGNATURES REQUIRED. Theminimum number of signatures
that must appear on the petitionauthorized 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 petitionauthorized by
Section 203.005(b)(2)(B) may not be circulated
beforethe 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 ONBALLOT. (a) Except as provided by
Subsection (c), the secretary ofstate shall certify in
writing for placement on the specialelection ballot
the name of each candidate who files with thesecretary
an application that complies with Section 203.005(b).
(b) As soon as practicable after the deadline for
filingapplications, the secretary of state shall
deliver thecertification to the authority responsible
for having the officialspecial election ballot
prepared in each county in which thespecial election
is to be held. (c) A candidate's name may not be
certified if, beforedelivering the certification, the
secretary of state learns thatthe name is to be
omitted from the ballot under Section 145.094. (d)
This section does not apply to the certification
ofcandidates for a runoff election.Acts 1985, 69th
Leg., ch. 211, § 1, eff. Jan. 1, 1986. §
203.010. TIME FOR CERTIFICATION OF RUNOFFCANDIDATES.
The certification of the names of the runoffcandidates
for placement on a runoff ballot shall be delivered
notlater than the fifth day after the date the final
canvass iscompleted.Acts 1985, 69th Leg., ch. 211,
§ 1, eff. Jan. 1, 1986. § 203.011. PARTY
ALIGNMENT ON BALLOT. The partyalignment of each
candidate shall be printed on the official ballotnext
to the candidate's name.Acts 1985, 69th Leg., ch. 211,
§ 1, eff. Jan. 1, 1986. § 203.012. TIME OF
CANVASS. (a) The commissioners courtshall convene to
conduct the local canvass not later than the 10thday
after election day. (b) The governor shall conduct
the state canvass not laterthan the 14th day after
election day. (c) The secretary of state shall post,
on the bulletin boardused for posting notice of
meetings of state governmental bodies, anotice of the
date, hour, and place of the canvass at least 24
hoursbefore 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
byActs 1987, 70th Leg., ch. 472, § 50, eff. Sept.
1, 1987; Acts1989, 71st Leg., ch. 163, § 5, eff.
Sept. 1, 1989; Acts 1993,73rd Leg., ch. 728, §
73, eff. Sept. 1, 1993; Acts 2003, 78thLeg., ch.
1315, § 53, eff. Jan. 1, 2004. § 203.013.
EXPEDITED ELECTION. (a) This section appliesto a
special election to fill an unexpired term if a
vacancy occurs: (1) during a regular session of the
legislature andmore than 25 days before the last
possible day of the session; or (2) during the 60
days immediately prior to the date ofconvening any
session of the legislature. (b) This section
supersedes other provisions of this titleto the extent
of any conflict. (c) The election must be held on a
Tuesday or Saturdayoccurring not earlier than the 21st
day or later than the 45th dayafter the date the
election is ordered. (d) If the election is to be
held before the 36th day afterthe date the election is
ordered, the governor shall set thedeadline for filing
candidates' applications for a place on theballot,
which must be 5 p.m. of a day not earlier than the
fifth dayafter the date of the order and not later
than the 16th day beforeelection day. (e) If a runoff
election is necessary, it must be held on aTuesday or
Saturday occurring not earlier than the 12th day or
laterthan the 25th day after the date the election is
ordered. (f) If a runoff election is to be held
before the 21st dayafter the date the election is
ordered, an election notice given byposting shall be
posted not later than the seventh day after thedate of
the order. (g) If a runoff election is to be held
before the 16th dayafter the date the election is
ordered, an election notice given bypublication shall
be published not later than the third day
beforeelection day.Acts 1985, 69th Leg., ch. 211,
§ 1, eff. Jan. 1, 1986. § 203.014.
DISPOSITION OF FILING FEES. The secretary ofstate
shall deposit the filing fees received under Section
203.005in a suspense account with the comptroller
until after electionday. The funds remaining in the
account after any refunds are madeshall be deposited
to the credit of the General Revenue Fund.Acts 1985,
69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
Amended byActs 1997, 75th Leg., ch. 1423, § 6.02,
eff. Sept. 1, 1997.
§ 204.005. VACANCY FILLED AT SPECIAL ELECTION.
If avacancy occurs during an odd-numbered year or
after the 62nd daybefore general primary election day
in an even-numbered year, theremainder of the
unexpired term shall be filled by a specialelection in
the same manner as provided by Chapter 203 for
thelegislature, except that: (1) the minimum number
of signatures that must appearon a petition
accompanying a candidate's application for a place
onthe ballot is 5,000; and (2) Section 203.013 does
not apply.Acts 1985, 69th Leg., ch. 211, § 1,
eff. Jan. 1, 1986. Amended byActs 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#204.004.00SUBCHAPTER
B. VACANCY IN HOUSE OF REPRESENTATIVES § 204.021.
VACANCY FILLED AT SPECIAL ELECTION. Anunexpired term
in the office of United States representative may
befilled only by a special election in the same manner
as provided byChapter 203 for the legislature, except
that Section 203.013 doesnot 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.
Acandidate's application for a place on the ballot
that is requiredby this code must: (1) be in
writing; (2) be signed and sworn to by the candidate
andindicate 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 numberor
other distinguishing number; (D) an indication of
whether the office sought isto be filled for a full or
unexpired term if the office sought andanother office
to be voted on have the same title but do not
haveplace numbers or other distinguishing numbers;
(E) a statement that the candidate is a UnitedStates
citizen; (F) a statement that the candidate has not
beendetermined mentally incompetent by a final
judgment of a court; (G) a statement that the
candidate has not beenfinally convicted of a felony
from which the candidate has not beenpardoned or
otherwise released from the resulting disabilities;
(H) the candidate's date of birth; (I) the
candidate's residence address or, if theresidence has
no address, the address at which the candidatereceives
mail and a concise description of the location of
thecandidate's residence; (J) the candidate's
length of continuousresidence in the state and in the
territory from which the officesought is elected as of
the date the candidate swears to theapplication; (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 ofthe United States and of the
State of Texas"; and (L) a statement that the
candidate is aware ofthe nepotism law, Chapter 573,
Government Code.Acts 1985, 69th Leg., ch. 211, §
1, eff. Jan. 1, 1986. Amended byActs 1987, 70th Leg.,
ch. 427, § 4, eff. Sept. 1, 1987; Acts1993, 73rd
Leg., ch. 107, § 3A.03, eff. Aug. 30, 1993;
Acts1995, 74th Leg., ch. 76, § 5.95(26), eff.
Sept. 1, 1995. § 141.032. REVIEW OF APPLICATION;
NOTICE TOCANDIDATE. (a) On the filing of an
application for a place on theballot, the authority
with whom the application is filed shallreview the
application to determine whether it complies with
therequirements as to form, content, and procedure
that it mustsatisfy for the candidate's name to be
placed on the ballot. (b) Except as provided by
Subsection (c), the review shallbe completed not later
than the fifth day after the date theapplication is
received by the authority. (c) If an application is
accompanied by a petition, thepetition is considered
part of the application, and the reviewshall be
completed as soon as practicable after the date
theapplication is received by the authority. However,
the petition isnot considered part of the application
for purposes of determiningcompliance with the
requirements applicable to each document, and
adeficiency in the requirements for one document may
not be remediedby the contents of the other document.
(d) A determination under this section that an
applicationcomplies with the applicable requirements
does not preclude asubsequent determination that the
application does not comply,subject to Section
141.034. (e) If an application does not comply with
the applicablerequirements, the authority shall reject
the application andimmediately deliver to the
candidate written notice of the reasonfor the
rejection. (f) This section does not apply to a
determination of acandidate's eligibility.Acts 1985,
69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
Amended byActs 1993, 73rd Leg., ch. 728, § 54,
eff. Sept. 1, 1993; Acts1997, 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
candidatefor nomination in the general primary
election is as follows: (1) United States
$5,000 (2) office elected statewide,
except UnitedStates 3,750 (3) United States
representative 3,125
--
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