Texas Election Code 145.037 – Certification of Replacement Nominee for Placement On Ballot
Current as of: 2024 | Check for updates
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(a) For the name of a replacement nominee to be placed on the general election ballot, the chair of the executive committee making the replacement nomination must certify in writing the nominee’s name for placement on the ballot as provided by this section.
(b) The certification must be signed and acknowledged by the chair.
Terms Used In Texas Election Code 145.037
- District office: means an office of the federal or state government that is not voted on statewide. See Texas Election Code 1.005
- General election: means an election, other than a primary election, that regularly recurs at fixed dates. See Texas Election Code 1.005
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Residence address: means the street address and any apartment number, or the address at which mail is received if the residence has no address, and the city, state, and zip code that correspond to a person's residence. See Texas Election Code 1.005
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
(c) In addition to the name of the replacement nominee, the certification must include:
(1) the replacement nominee’s residence address and mailing address, if different from the residence address;
(2) the name of the original nominee;
(3) the office sought, including any place number or other distinguishing number;
(4) the cause of the vacancy;
(5) an identification of the executive committee making the replacement nomination; and
(6) the date of the replacement nomination.
(d) The chair must deliver the certification to:
(1) the secretary of state, for a statewide or district office; or
(2) the authority responsible for having the official ballot prepared, for a county or precinct office.
(e) The certification must be delivered not later than 5 p.m. of the 71st day before election day.
(f) A certification of a replacement nominee that is delivered by mail is considered to be delivered at the time of its receipt by the appropriate authority.
(g) A replacement nominee’s name may not be certified if, before delivering the certification, the certifying authority learns that the replacement nominee’s name is to be omitted from the ballot under § 145.035.