Texas Secretary of State Elections Division

Texas Secretary of State Elections Division
Vacancies Heidi Martinez, Staff Attorney Elections Division – Texas Secretary of State Election Law Seminar for County Chairs, September 2017 1/17/2019 Texas Secretary of State Elections Division

Outline When the vacancy occurs Filling a vacancy for office not normally on 2018 primary ballot Filling a vacancy in nomination for general election 1/17/2019 Texas Secretary of State Elections Division

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! 1/17/2019 Texas Secretary of State Elections Division

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 [§ ] 1/17/2019 Texas Secretary of State Elections Division

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 [§ ] 1/17/2019 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 [§ ] 1/17/2019 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 [§ ] 1/17/2019 Texas Secretary of State Elections Division

Primary Filing Period- First Days
Texas Secretary of State Elections Division 1/17/2019 Primary Filing Period- First Days Tuesday, September 12- First day an application for the office of precinct chair can be filed Saturday, November 11-First day to file an application for office other than precinct chair 1/17/2019 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Primary Filing Period- Last Day
Texas Secretary of State Elections Division 1/17/2019 Primary Filing Period- Last Day Monday, December 11 – 6:00 P.M.- deadline for filing an application for place on general primary ballot What about extended deadlines? 1/17/2019 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

Vacancies for Offices not normally on 2018 Primary Ballot
Texas Secretary of State Elections Division 1/17/2019 Vacancies for Offices not normally on 2018 Primary Ballot These deadlines are very “If, Then” heavy When does the vacancy occur? See Chapter 201 for effective date 1/17/2019 Texas Secretary of State Texas Secretary of State Elections Division

1/17/2019 Regular Deadline If the Vacancy Occurs… On or before December 1, 2017 Goes on the Primary Ballot Subject to regular (December 11) filing deadline Candidates cannot file before the vacancy exists 1/17/2019 Texas Secretary of State Texas Secretary of State Elections Division

1/17/2019 Extended Deadline If the Vacancy Occurs… On or after December 2 but on or before December 6 Subject to extended (December 18) filing deadlines Goes on the Primary Ballot 1/17/2019 Texas Secretary of State Texas Secretary of State Elections Division

1/17/2019 Extended Deadline If the Vacancy Occurs… After December 6 but on or before August 24 Office will not appear on primary ballot, but will appear on general election ballot Review Primary Appendices Nomination made by executive committee 1/17/2019 Texas Secretary of State Texas Secretary of State Elections Division

The Primary Appendices
Texas Secretary of State Elections Division 1/17/2019 The Primary Appendices Contain rules for vacancies Contains parts A, B, & C 1/17/2019 Texas Secretary of State Texas Secretary of State Elections Division

1/17/2019 Nomination by Primary--Appendix A For offices not normally on 2018 primary ballot When vacancy occurs on or before December 1 Same procedure for offices normally up for election Candidates have same fee/petition requirements Office goes on the primary ballot 1/17/2019 Texas Secretary of State Elections Division Texas Secretary of State Elections Division

1/17/2019 Nomination by Executive Committee—Appendix A For offices not normally on 2018 primary ballot For vacancies occurring after December 6 but on or before August 24 Nomination made by appropriate committee (state, district, county, etc.) Nominee must receive a majority of the votes of those voting at the meeting, rather than of those present at the meeting See HB 1735 Must be certified in writing 1/17/2019 Texas Secretary of State Texas Secretary of State Elections Division

Death, Withdrawal, or Ineligibility or Candidates– Appendix B
Texas Secretary of State Elections Division 1/17/2019 Death, Withdrawal, or Ineligibility or Candidates– Appendix B Cases in which the filing deadline is extended: Death of a candidate between 12/6-12/12 Withdrawal/Ineligibility of a incumbent candidate between 12/11-12/12 Withdrawal or ineligibility of sole candidate on 12/11 or 12/12 1/17/2019 Texas Secretary of State Texas Secretary of State Elections Division

Replacement Nomination– Appendix C
Texas Secretary of State Elections Division 1/17/2019 Replacement Nomination– Appendix C Refers to vacancies in party’s nomination for general election Only filled by nomination in specific circumstances 1/17/2019 Texas Secretary of State Texas Secretary of State Elections Division

1/17/2019 Circumstances #1: Death occurring after December 12 and on or before August 24 #2: Declaration of ineligibility occurring after December 12 and on or before August 24 #3: Withdrawal due to catastrophic illness occurring after December 12 and on or before August 24 Requires the certification of two licensed physicians 1/17/2019 Texas Secretary of State Texas Secretary of State Elections Division

1/17/2019 Circumstances #4: Withdrawal due to nomination or appointment to other elected office occurring after December 12 and on or before August 24 #5: Withdrawal by only nominated candidate on or before August 24 #6: Death or ineligibility of a runoff primary candidate before runoff primary election day 1/17/2019 Texas Secretary of State Texas Secretary of State Elections Division

1/17/2019 Nomination Process #3, #4, #5 allow for each party with ballot access to make nomination Nomination made by appropriate committee District, State, County, etc. Nomination can happen on or before the 71st day before general election day, August 27 1/17/2019 Texas Secretary of State Texas Secretary of State Elections Division

1/17/2019 Scenario 1 John Q Sample, County Commissioner of Example County resigns November 30, 2017 Office will go on March 6 primary ballot Regular filing deadline in effect 1/17/2019 Texas Secretary of State Texas Secretary of State Elections Division

1/17/2019 Scenario 2 John Q Sample, County Commissioner of Example County resigns December 16, 2017 Office will not go on March 6 primary ballot Candidates will not file; vacancy filled by nomination of appropriate committee elected in 2018 primary 1/17/2019 Texas Secretary of State Texas Secretary of State Elections Division

1/17/2019 Scenario 3 John Q Sample, County Commissioner of Example County resigns December 4, 2017 Office will go on March 6 primary ballot Filing deadline is extended to December 18, 2017 1/17/2019 Texas Secretary of State Texas Secretary of State Elections Division

1/17/2019 Scenario 4 John Q Sample, incumbent candidate for County Commissioner of Example County withdraws December 12, 2017 Office will go on March 6 primary ballot Filing deadline is extended to December 18, 2017 1/17/2019 Texas Secretary of State Texas Secretary of State Elections Division

1/17/2019 Scenario 5 John Q Sample is the only nominated candidate for county judge of Example County. John Q Sample withdraws June 11, 2018 New party officers take office on 6/11 Parties with ballot access are able to make nominations for the general election ballot for county judge of Sample County 1/17/2019 Texas Secretary of State Texas Secretary of State Elections Division

1/17/2019 Scenario 5, Cont. John Q Sample is the only nominated candidate for county judge of Example County. John Q Sample dies June 11, 2018 Only Sample’s party makes a replacement nomination 1/17/2019 Texas Secretary of State Texas Secretary of State Elections Division

Thanks for Listening Questions? 1/17/2019 Texas Secretary of State Elections Division

Texas Secretary of State Elections Division

Similar presentations

Presentation on theme: "Texas Secretary of State Elections Division"— Presentation transcript:

Similar presentations

About project

Feedback

Log in

Auth with social network:

Texas Secretary of State Elections Division

Similar presentations

Presentation on theme: "Texas Secretary of State Elections Division"— Presentation transcript:

Similar presentations

About project

Feedback