Texas Election Code Title 10, Chapter 172 - Primary Elections

SUBCHAPTER A NOMINATING BY PRIMARY ELECTION GENERALLY

• Texas Section 172.001 - Nominating By Primary Election Required
  Except as otherwise provided by this code, a political party's nominees in the general election for offices of state and county government and the United...
• Texas Section 172.002 - Nominating By Primary Election Authorized
  (a) Except as otherwise provided by this code, a political party's nominees in the general election for offices of state and county government and the...
• Texas Section 172.003 - Majority Vote Required
  Except as otherwise provided by this code, to receive a political party's nomination, a candidate in a primary election must receive a majority of the...

SUBCHAPTER B APPLICATION FOR PLACE ON BALLOT

• Texas Section 172.004 - Runoff Primary
  (a) If no candidate for nomination to a particular office receives the vote required for nomination in the general primary election, a runoff primary election...
• Texas Section 172.021 - Application Required
  (a) To be entitled to a place on the general primary election ballot, a candidate must make an application for a place on the ballot....
• Texas Section 172.022 - Authority With Whom Application Filed
  (a) An application for a place on the general primary election ballot must be filed with: (1) the state chair, for an office filled by...
• Texas Section 172.0221 - Notice To Candidate Regarding Posting Of Certain Information
  The authority with whom an application is filed must inform the candidate that the candidate's public mailing address and, if provided on the application, the...
• Texas Section 172.023 - Regular Filing Period
  (a) An application for a place on the general primary election ballot must be filed not later than 6 p.m. on the second Monday in...
• Texas Section 172.024 - Filing Fee
  (a) The filing fee for a candidate for nomination in the general primary election is as follows: (1) United States senator $5,000(2) office elected statewide,...
• Texas Section 172.025 - Number Of Petition Signatures Required
  The minimum number of signatures that must appear on the petition authorized by Section 172.021(b) is: (1) 5,000, for a statewide office; or (2) for...
• Texas Section 172.026 - Restriction On Petition Signer
  On signing a petition to be filed under Section 172.021, the signer becomes ineligible to vote in a primary election or participate in a convention...
• Texas Section 172.027 - Statement On Petition
  The following statement must appear at the top of each page of a petition to be filed under Section 172.021: "I know that the purpose...
• Texas Section 172.028 - State Chair's Certification Of Names For Placement On General Primary Ballot
  (a) Except as provided by Subsection (c), the state chair shall certify to the secretary of state for placement on the general primary election ballot...

SUBCHAPTER C WITHDRAWAL, DEATH, AND INELIGIBILITY OF CANDIDATE

• Texas Section 172.029 - Submission And Compilation Of Information Pertaining To Candidates
  (a) For each general primary election, the state chair and each county chair shall electronically submit the following information: (1) the name of each candidate...
• Texas Section 172.051 - Withdrawal, Death, Or Ineligibility Generally
  With respect to withdrawal, death, or ineligibility of a candidate in a primary election, this subchapter supersedes Subchapter A, Chapter 145, to the extent of...
• Texas Section 172.052 - Withdrawal From General Primary
  (a) A candidate for nomination may not withdraw from the general primary election after the first day after the date of the regular filing deadline...
• Texas Section 172.053 - Administrative Declaration Of Ineligibility After Polls Close
  Except for a judicial action in which a candidate's eligibility is in issue, after the polls close on primary election day and before the final...
• Texas Section 172.054 - Extended Filing Deadline
  (a) The deadline for filing an application for a place on the general primary election ballot is extended as provided by this section if a...
• Texas Section 172.055 - Public Notice Of Extended Filing
  (a) If the deadline for filing applications is extended, notice of the extended filing shall be given as provided by this section. (b) The authority...
• Texas Section 172.056 - Supplemental List Of Candidates
  (a) If the deadline for filing applications is extended, an electronic submission shall be made containing the name of each candidate: (1) who files an...
• Texas Section 172.057 - Withdrawn, Deceased, Or Ineligible Candidate's Name Omitted From General Primary Ballot
  A candidate's name shall be omitted from the general primary election ballot if the candidate withdraws, dies, or is declared ineligible on or before the...
• Texas Section 172.058 - Deceased Or Ineligible Candidate's Name To Appear On General Primary Ballot
  (a) If a candidate who has made an application for a place on the general primary election ballot that complies with the applicable requirements dies...
• Texas Section 172.059 - Withdrawal From Runoff Primary
  (a) A candidate for nomination may not withdraw from the runoff primary election after 5 p.m. of the 3rd day after the state canvass under...
• Texas Section 172.060 - Deceased Or Ineligible Candidate's Name To Appear On Runoff Primary Ballot
  (a) If a runoff primary candidate dies or is declared ineligible before runoff primary election day, the candidate's name shall be placed on the ballot....

SUBCHAPTER D BALLOT

• Texas Section 172.061 - Candidate For Party Office
  (a) Except for Sections 172.058(b), 172.059(c), and 172.060(b), this subchapter applies to a candidate for county chair or precinct chair. (b) If a runoff candidate...
• Texas Section 172.081 - Primary Committee
  (a) Except as provided by Subsection (b), a primary committee is established in each county having a county executive committee. The primary committee consists of:...
• Texas Section 172.082 - Order Of Names On General Primary Ballot: Regular Drawing
  (a) The order of the candidates' names on the general primary election ballot for each county shall be determined by a drawing. (b) The county...
• Texas Section 172.083 - Review And Approval Of Ballot By Primary Committee
  Before having the official ballots for a general primary election printed, the county chair shall submit the format for the official ballot to the primary...
• Texas Section 172.084 - Order Of Names On Runoff Primary Ballot
  (a) Except as provided by this section, the order of the candidates' names on the runoff primary election ballot for each county shall be determined...
• Texas Section 172.085 - Name Of Party On Ballot
  The name of the political party holding a primary election shall be placed at the top of the primary ballot. Acts 1985, 69th Leg., ch....
• Texas Section 172.086 - Pledge On Ballot
  The following pledge shall be placed on the primary election ballot above the listing of candidates' names: "I am a (insert appropriate political party) and...
• Texas Section 172.087 - Referendum Ordered By State Executive Committee
  The state executive committee may provide by resolution that a proposal to include a demand for specific legislation or any other matter in the party's...
• Texas Section 172.088 - Voter Petition For Referendum
  (a) Voters by petition may require that a proposal to include a demand for specific legislation or any other matter in a political party's platform...
• Texas Section 172.089 - Order Of Party Offices On Ballot
  The party offices of county chair and precinct chair shall be listed on the primary election ballot after the public offices with the office of...

SUBCHAPTER E CONDUCT OF ELECTION

• Texas Section 172.090 - Separate Ballot For Office Of Precinct Chair
  (a) In a primary election in which election precincts are consolidated, the county executive committee may provide by resolution, order, or other official action for...
• Texas Section 172.111 - Conduct Of Primary Election Generally
  (a) With respect to the conduct of a primary election, this subchapter supersedes Title 6 to the extent of any conflict. (b) The county executive...
• Texas Section 172.1111 - Posting Notice Of Precinct Convention Required
  (a) Before the opening of the polls, the presiding judge shall post at each outside door through which a voter may enter the building in...
• Texas Section 172.1112 - Notice Of Election
  (a) The county chair shall post a notice of the election and a notice of consolidated precincts, if applicable, in the manner prescribed by Section...
• Texas Section 172.1113 - County Chair Permitted In Polling Place
  (a) In this section, "voting period" means the period beginning when the polls open for voting and ending when the polls close or the last...
• Texas Section 172.112 - Write-in Voting
  Write-in voting in a primary election is not permitted except in the general primary election for the offices of county chair and precinct chair. Acts...
• Texas Section 172.113 - Unofficial Tabulation Of Precinct Results
  (a) The county chair shall prepare the unofficial tabulation of precinct results. (b) When the general custodian of election records for the primary opens the...
• Texas Section 172.114 - Disposition Of Poll List
  The general custodian of election records shall preserve the poll lists maintained for a primary election until the end of the voting year in which...
• Texas Section 172.1141 - List Of Registered Voters For Convention
  At the same time the acceptance of each voter for voting in the general primary election is indicated on the precinct list of registered voters...
• Texas Section 172.115 - Disposition Of List Of Registered Voters
  (a) Subject to Subsection (b), the voter registrar shall preserve each precinct list of registered voters that is used for a primary election until the...
• Texas Section 172.116 - Local Canvass Relating To Candidates Who Filed An Application For A Place On The Ballot In Accordance With The General Requirements
  (a) The county chair and, if available, at least one member of the county executive committee selected by the county executive committee shall canvass the...
• Texas Section 172.117 - Certification Of Nominees Who Filed An Application For A Place On The Ballot In Accordance With The General Requirements For County And Precinct Offices For Placement On General Election Ballot
  (a) The county chair shall certify by posting on the secretary of state's website a notation next to the name and address of each primary...
• Texas Section 172.118 - Notice Of Persons Elected As Party Officers
  (a) Not later than the 20th day after the date the local canvass is completed, the county chair shall deliver written notice to the state...
• Texas Section 172.119 - County Election Returns
  (a) The county chair shall prepare county election returns for the statewide and district offices voted on in a primary election in the same manner...
• Texas Section 172.120 - State Canvass Relating To Candidates Who Filed An Application For A Place On The Ballot In Accordance With The General Requirements
  (a) The state chair shall canvass the county election returns. (b) The state chair shall conduct the state canvass for the general primary election not...
• Texas Section 172.121 - Certification Of Candidates For Statewide And District Offices For Placement On Runoff Ballot
  (a) The state chair shall certify in writing for placement on the runoff primary election ballot the name of each general primary candidate for a...
• Texas Section 172.122 - Certification Of Nominees Who Filed An Application For A Place On The Ballot In Accordance With The General Requirements For Statewide And District Offices To Secretary Of State
  (a) The state chair shall certify by posting on the secretary of state's website the name and address of each primary candidate who is nominated...
• Texas Section 172.123 - Entering Primary Results In Election Register
  (a) The county clerk shall enter the precinct results for the primary election in the election register maintained for the commissioners court. (b) The secretary...
• Texas Section 172.124 - Reporting Precinct Results To Secretary Of State Relating To Candidates Who Filed An Application For A Place On The Ballot In Accordance With The General Requirements
  (a) For each primary election, the county clerk shall prepare a report of the number of votes, including early voting votes, received in each county...
• Texas Section 172.125 - Additional Procedure For Accepting Voters In Runoff
  (a) For a runoff primary election, the voter registrar shall make appropriate notations to indicate the preceding party primary for which the voter was accepted...
• Texas Section 172.126 - Joint Primaries Authorized
  (a) The primary elections in a county may be conducted jointly at the regular polling places designated for the general election for state and county...
• Texas Section 172.127 - Content Of Sign Used To Identify Polling Place Location
  (a) This section applies only to a polling place used to hold an election for more than one political party. (b) A sign used to...
• Texas Section 172.128 - Alternative Primary Procedure For Counties Without County Party Leadership
  (a) Notwithstanding a conflicting provision of this code, a primary election that is required for the nomination of a political party to a statewide office...

Last modified: September 28, 2016