1. Texas Secretary of State Elections Division
Vacancies
Tim Juro, Staff Attorney Elections Division – Texas Secretary of State Election Law Seminar for County Chairs, October 2015
11/23/2018
Texas Secretary of State Elections Division

2. Texas Secretary of State Elections Division
Outline
When the vacancy occurs
Filling a vacancy for office not normally on 2016 primary ballot
Filling a vacancy in nomination for general election
11/23/2018
Texas Secretary of State Elections Division

3. Resigning or Declining Office [§§ 201.001, 201.002]
To be effective, must be:
In Writing
Signed
Delivered to the appropriate authority having power to act on the resignation
CANNOT be refused!
11/23/2018
Texas Secretary of State Elections Division

4. When the Vacancy Occurs, 1
Death of Officer
Vacancy occurs on the date of death [§ ]
Resignation of Officer
Regardless of if the resignation is effective immediately OR at a later date, vacancy (for the purpose of filling the vacancy) occurs on the date the resignation is accepted by the appropriate authority or on the eighth day after the resignation is received, whichever is earlier [§ ]
11/23/2018
Texas Secretary of State Elections Division

5. When the Vacancy Occurs, 2 Texas Secretary of State Elections Division
Removal
If officer is removed from office by a court, vacancy occurs on date the judgment becomes final [§ ]
Acceptance of Other Office
If officer accepts another office that may not lawfully be held simultaneously with their original office, vacancy occurs in original office the date the officer qualifies for the other office [§ ]
11/23/2018
Texas Secretary of State Elections Division

6. When the Vacancy Occurs, 3 Texas Secretary of State Elections Division
Declaration of Ineligibility
If officer is declared ineligible to hold office by court or administrative authority, vacancy occurs on date that judgment becomes final or date that administrative declaration is made [§ ]
Creation of a New Office
If a new office is created, vacancy occurs on the effective date of the law creating the office or on the date the order creating the new date is adopted [§ ]
11/23/2018
Texas Secretary of State Elections Division

7. When the Vacancy Occurs, 4 Texas Secretary of State Elections Division
Election of Deceased/Ineligible Candidate
If deceased/ineligible candidate elected, vacancy occurs on the date of the final canvass of the returns for that office [§ ]
Declination of Officer-Elect
If an officer-elect declines to qualify for the office before assuming the office, vacancy occurs on the date the declination is delivered to the appropriate authority [§ ]
11/23/2018
Texas Secretary of State Elections Division

8. Primary Filing Period- First Days
Texas Secretary of State Elections Division
11/23/2018
Primary Filing Period- First Days
Tuesday, September 15- First day an application for the office of precinct chair can be filed
Saturday, November 14-First day to file an application for office other than precinct chair
11/23/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

9. Primary Filing Period- Last Day
Texas Secretary of State Elections Division
11/23/2018
Primary Filing Period- Last Day
Monday, December 14 – 6:00 P.M.- deadline for filing an application for place on general primary ballot
What about extended deadlines?
11/23/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

10. Vacancies for Offices not normally on 2016 Primary Ballot
Texas Secretary of State Elections Division
11/23/2018
Vacancies for Offices not normally on 2016 Primary Ballot
These deadlines are very “If, Then” heavy
When does the vacancy occur?
See Chapter 201 for effective date
11/23/2018
Texas Secretary of State
Texas Secretary of State Elections Division

11. Texas Secretary of State Elections Division
11/23/2018
Extended Deadlines
If the Vacancy Occurs…
On or before December 4, 2015
Goes on the Primary Ballot
Subject to regular (December 14) filing deadline
Candidates cannot file before the vacancy exists
11/23/2018
Texas Secretary of State
Texas Secretary of State Elections Division

12. Texas Secretary of State Elections Division
11/23/2018
Extended Deadlines, Pt. 2
If the Vacancy Occurs…
On or after December 5 but on or before December 9
Subject to extended (December 21) filing deadlines
11/23/2018
Texas Secretary of State
Texas Secretary of State Elections Division

13. Texas Secretary of State Elections Division
11/23/2018
Extended Deadlines, Pt. 3
If the Vacancy Occurs…
After December 9 but on or before August 26
Office will not appear on primary ballot, but will appear on general election ballot
Review Primary Appendices
Nomination made by executive committee
11/23/2018
Texas Secretary of State
Texas Secretary of State Elections Division

14. The Primary Appendices
Texas Secretary of State Elections Division
11/23/2018
The Primary Appendices
Contain rules for vacancies
Contains parts A, B, & C
11/23/2018
Texas Secretary of State
Texas Secretary of State Elections Division

15. Texas Secretary of State Elections Division
11/23/2018
Nomination by Primary--Appendix A For offices not normally on 2016 primary ballot
When vacancy occurs on or before December 4
Same procedure for offices normally up for election
Candidates have same fee/petition requirements
Office goes on the primary ballot
11/23/2018
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

16. Texas Secretary of State Elections Division
11/23/2018
Nomination by Executive Committee—Appendix A For offices not normally on 2016 primary ballot
For vacancies occurring after December 9 but on or before August 26
Nomination made by appropriate committee (state, district, county, etc.)
Composition of these committees has changed
See HB3456
Must be certified in writing
11/23/2018
Texas Secretary of State
Texas Secretary of State Elections Division

17. Death, Withdrawal, or Ineligibility or Candidates– Appendix B
Texas Secretary of State Elections Division
11/23/2018
Death, Withdrawal, or Ineligibility or Candidates– Appendix B
Cases in which the filing deadline is extended:
Death of a candidate between 12/5-12/9
Withdrawal/Ineligibility of a incumbent candidate between 12/5-12/9
Withdrawal or ineligibility of sole candidate on 12/14 or 12/15
11/23/2018
Texas Secretary of State
Texas Secretary of State Elections Division

18. Replacement Nomination– Appendix C
Texas Secretary of State Elections Division
11/23/2018
Replacement Nomination– Appendix C
Refers to vacancies in party’s nomination for general election
Only filled by nomination in specific circumstances
11/23/2018
Texas Secretary of State
Texas Secretary of State Elections Division

19. Texas Secretary of State Elections Division
11/23/2018
Circumstances
#1: Death occurring between December 15 and August 26
#2: Declaration of ineligibility occurring between December 15 and August 26
#3: Withdrawal due to catastrophic illness occurring between December 15 and August 26
Requires the certification of two licensed physicians
11/23/2018
Texas Secretary of State
Texas Secretary of State Elections Division

20. Texas Secretary of State Elections Division
11/23/2018
Circumstances
#4: Withdrawal due to nomination or appointment to other elected office occurring between December 15 and August 26
#5: Withdrawal by only nominated candidate before August 26
#6: Death or ineligibility of a runoff primary candidate before runoff primary election day
11/23/2018
Texas Secretary of State
Texas Secretary of State Elections Division

21. Texas Secretary of State Elections Division
11/23/2018
Nomination Process
#3, #4, #5 allow for each party with ballot access to make nomination
Nomination made by appropriate committee
District, State, County, etc.
Note change in composition in HB3456
Nomination can happen on or before the 71st day before general election day, August 26
11/23/2018
Texas Secretary of State
Texas Secretary of State Elections Division

22. Committee Composition– HB3456
District Executive Committee
Composed of members of each county executive committee who reside in the district
Vacancies are filled in district offices by this committee
State chair required to give notice of committee’s first meeting
11/23/2018
Texas Secretary of State Elections Division

23. Texas Secretary of State Elections Division
11/23/2018
Scenario 1
John Q Sample, County Commissioner of Example County resigns December 3, 2015
Office will go on March 1 primary ballot
Regular filing deadline in effect
11/23/2018
Texas Secretary of State
Texas Secretary of State Elections Division

24. Texas Secretary of State Elections Division
11/23/2018
Scenario 2
John Q Sample, County Commissioner of Example County resigns December 16, 2015
Office will not go on March 1 primary ballot
Candidates will not file; vacancy filled by nomination of appropriate committee elected in 2016 primary
11/23/2018
Texas Secretary of State
Texas Secretary of State Elections Division

25. Texas Secretary of State Elections Division
11/23/2018
Scenario 3
John Q Sample, County Commissioner of Example County resigns December 6, 2015
Office will go on March 1 primary ballot
Filing deadline is extended to December 21, 2015
11/23/2018
Texas Secretary of State
Texas Secretary of State Elections Division

26. Texas Secretary of State Elections Division
11/23/2018
Scenario 4
John Q Sample, incumbent candidate for County Commissioner of Example County withdraws December 6, 2015
Office will go on March 1 primary ballot
Filing deadline is extended to December 21, 2015
11/23/2018
Texas Secretary of State
Texas Secretary of State Elections Division

27. Texas Secretary of State Elections Division
11/23/2018
Scenario 5
John Q Sample is the only nominated candidate for county judge of Example County. John Q Sample withdraws June 13, 2016 New party officers take office on 6/13 Parties with ballot access are able to make nominations for the general election ballot for county judge of Sample County
11/23/2018
Texas Secretary of State
Texas Secretary of State Elections Division

28. Texas Secretary of State Elections Division
11/23/2018
Scenario 5, Cont.
John Q Sample is the only nominated candidate for county judge of Example County. John Q Sample dies June 13, 2016 Only Sample’s party makes a replacement nomination
11/23/2018
Texas Secretary of State
Texas Secretary of State Elections Division

29. Texas Secretary of State Elections Division
Thanks for Listening
Questions?
11/23/2018
Texas Secretary of State Elections Division