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Texas Election Code - Section 145.036. Filling Vacancy In Nomination

Legal Research Home > Texas Laws > Election Code > Texas Election Code - Section 145.036. Filling Vacancy In Nomination

§ 145.036. FILLING VACANCY IN NOMINATION.  (a) Except as 
provided by Subsection (b), if a candidate's name is to be omitted 
from the ballot under Section 145.035, the political party's state, 
district, county, or precinct executive committee, as appropriate 
for the particular office, may nominate a replacement candidate to 
fill the vacancy in the nomination.
	(b)  An executive committee may make a replacement 
nomination following a withdrawal only if:
		(1)  the candidate:                                                           
			(A)  withdraws because of a catastrophic illness 
that was diagnosed after the 62nd day before general primary 
election day and the illness would permanently and continuously 
incapacitate the candidate and prevent the candidate from 
performing the duties of the office sought;  and
			(B)  files with the withdrawal request a 
certificate describing the illness and signed by at least two 
licensed physicians;
		(2)  no political party that held primary elections has 
a nominee for the office sought by the withdrawing candidate as of 
the time of the withdrawal;  or
		(3)  the candidate has been elected or appointed to 
fill a vacancy in another elective office or has become the nominee 
for another office.
	(c)  Under the circumstances described by Subsection (b)(2), 
the appropriate executive committee of each political party making 
nominations for the general election for state and county officers 
may make a replacement nomination for the office sought by the 
withdrawing candidate.
	(d)  For the purpose of filling a vacancy, a majority of the 
committee's membership constitutes a quorum.  To be nominated, a 
person must receive a favorable vote of a majority of the members 
present.
	(e)  A vacancy in a nomination for a district, county, or 
precinct office that was made by primary election may not be filled 
before the beginning of the term of office of the county executive 
committee members elected in the year in which the vacancy occurs.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1987, 70th Leg., ch. 54, § 20, eff. Sept. 1, 1987;  Acts 
1989, 71st Leg., ch. 337, § 1, eff. Sept. 1, 1989;  Acts 1997, 
75th Leg., ch. 864, § 101, eff. Sept. 1, 1997.

Last modified: August 11, 2007