Court Opinions

State Laws

US Code

US Constitution

Texas Election Code - Section 192.062. Presidential Or Vice-Presidential Party Nominee

Legal Research Home > Texas Lawyer > Election Code > Texas Election Code - Section 192.062. Presidential Or Vice-Presidential Party Nominee

§ 192.062. PRESIDENTIAL OR VICE-PRESIDENTIAL PARTY 
NOMINEE.  (a) The secretary of state shall certify in writing for 
placement on the ballot the name of a political party's replacement 
nominee for president or vice-president of the United States if:
		(1)  the original nominee withdraws, dies, or is 
declared ineligible on or before the 74th day before presidential 
election day;  and
		(2)  the party's state chair delivers certification of 
the replacement nominee's name, signed by the state chair, to the 
secretary of state not later than 5 p.m. of the 70th day before 
presidential election day.
	(b)  If the state chair's certification of a replacement 
nominee is delivered by mail, it is considered to be delivered at 
the time of its receipt by the secretary of state.
	(c)  The name of a nominee who has withdrawn, died, or been 
declared ineligible shall be omitted from the ballot and the name of 
the replacement nominee placed on the ballot if a replacement 
nominee is certified for placement on the ballot as provided by this 
section.  Otherwise, the withdrawn, deceased, or ineligible 
nominee's name shall be placed on the ballot.
	(d)  A vote for a withdrawn, deceased, or ineligible nominee 
whose name appears on the ballot shall be counted as a vote for the 
nominating political party's presidential elector candidates.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1997, 75th Leg., ch. 864, § 205, eff. Sept. 1, 1997;  Acts 
2005, 79th Leg., ch. 1109, § 23, eff. Sept. 1, 2005.

Last modified: August 10, 2007