(a) A political party’s nominee for an unexpired term must be nominated by primary election if:
(1) the political party is making nominations by primary election for the general election in which the vacancy is to be filled; and
(2) the vacancy occurs on or before the fifth day before the date of the regular deadline for candidates to file applications for a place on the general primary ballot.
(b) If the vacancy occurs on or before the 10th day before the date of the regular deadline for candidates to file applications for a place on the general primary ballot, an application for the unexpired term must be filed by the regular filing deadline.

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Terms Used In Texas Election Code 202.004

  • General election: means an election, other than a primary election, that regularly recurs at fixed dates. See 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

(c) If the vacancy occurs after the 10th day before the date of the regular filing deadline, an application for the unexpired term must be filed not later than 6 p.m. of the fifth day after the date of the regular filing deadline.
(d) The filing fee or petition requirements for a candidate for an unexpired term are the same as for a candidate for a full term.