Texas Election Code 192.032 – Independent Candidate’s Entitlement to Place On Ballot
(a) To be entitled to a place on the general election ballot, an independent candidate for president of the United States must make an application for a place on the ballot.
(b) An application must:
(1) comply with § 141.031, except that:
(A) the application is not required to include a candidate’s occupation, length of residence, or statement that the candidate is aware of the nepotism law; and
(B) the application must contain the applicable information required by § 141.031(a)(4) with respect to both the presidential candidate and the running mate;
(2) state the names and residence addresses of presidential elector candidates in a number equal to the number of presidential electors that federal law allocates to the state; and
(3) be accompanied by:
(A) a petition that satisfies the requirements prescribed by § 141.062; and
(B) written statements signed by the vice-presidential candidate and each of the presidential elector candidates indicating that each of them consents to be a candidate.
Terms Used In Texas Election Code 192.032
- General election: means an election, other than a primary election, that regularly recurs at fixed dates. See Texas Election Code 1.005
- Independent candidate: means a candidate in a nonpartisan election or a candidate in a partisan election who is not the nominee of a political party. See Texas Election Code 1.005
- Law: means a constitution, statute, city charter, or city ordinance. See Texas Election Code 1.005
- Presidential primary election: means an election held under Subchapter Texas Election Code 1.005
- Primary election: means an election held by a political party under Chapter 172 to select its nominees for public office, and, unless the context indicates otherwise, the term includes a presidential primary election. See Texas Election Code 1.005
- Signature: includes the mark of a person unable to write, and "subscribe" includes the making of such a mark. See Texas Government Code 312.011
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
- Succeeding: means immediately following. See Texas Government Code 312.011
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
- Year: means 12 consecutive months. See Texas Government Code 311.005
(c) The application must be filed with the secretary of state not later than the second Monday in May of the presidential election year.
(d) The minimum number of signatures that must appear on the petition is one percent of the total vote received in the state by all candidates for president in the most recent presidential general election.
(e) A petition signer’s voter registration is not required to be in any particular territory.
(f) The following statement must appear at the top of each page of the petition: “I did not vote this year in a presidential primary election.”
(g) A signature on the petition is invalid if the signer:
(1) signs the petition on or before the date of the presidential primary election in the presidential election year; or
(2) voted in a presidential primary election during the presidential election year.
(h) A candidate in a presidential primary election is ineligible to be an independent candidate for president or vice-president of the United States in the succeeding general election.