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Appendices, March 4, 2014 Primary Calendar

Appendix A

Party Nomination if Vacancy Occurs in a State or County Office Which Would Not Normally be on the 2014 Ballot

1. Nomination by Primary Election.  (Sec. 202.004).

   1. Vacancy On or Before December 4, 2013.
      If a vacancy occurs in an office on or before December 4, 2013 (5th day before regular filing deadline), a political party's nominee for the unexpired term must be nominated in the 2014 primary elections.  (Sec. 202.004(a), as amended by Senate Bill 904, 2013 Legislative Session).
      
      
   2. Application Process.
      
      
      1. Regular deadline:  If the vacancy occurred on or before November 29, 2013 (on or before the 10th day before the date of the regular filing deadline) an application for the unexpired term must be filed with the appropriate county or state chair by 6:00 p.m., December 9, 2013 (the regular filing deadline).  (Sec. 202.004(b)).  NOTE:  This deadline is also applicable to applications for a place on the primary election ballot to fill a vacancy for an unexpired term in an office of the state or county government that occurred on or before the 10th day before the date of the regular filing deadline. (Sec. 202.004(b)).
         
         Extended Deadline: Occurs after the 10th day before the date of the regular filing deadline, but on or before the 5th day before the date of the regular filing deadline (on or after November 30, 2013 and on or before December 4, 2013), an application for the unexpired term is subject to an extended filing deadline, December 16, 2013 at 6:00 p.m. (in-person) or 5:00 p.m. by mail.  (Sec. 202.004(a), (c), as amended by Senate Bill 904, 2013 Legislative Session).
         
         Note:  The deadline is extended to the next regular business day which is December 16, 2013 due to the 5th day after the regular candidate filing deadline falling on Saturday, December 14, 2013. (Sec. 1.006).
         
         
      2. The filing fee or petition requirements for a candidate for an unexpired term are the same as for a candidate for a full term.
         
         
      3. Not later than the day before the last day of the filing period, notice must be posted on the bulletin board used for posting notice of meetings of the commissioners court stating where county chair (or secretary of the county executive committee, if any) will be available to accept filings on the last day of the filing period (or, NEW LAW on the party’s website; see main primary calendar for details). If the chair and secretary are taking applications at two different locations, both locations must be listed in the notice. (Sec. 172.022).

2. Nomination by Executive Committee.  (Secs. 202.006, 145.036, and 145.038).

   1. Vacancy After December 4, 2013.
      
      If a vacancy occurs in an office after December 4, 2013 (5th day before regular filing deadline), but not later than August 22, 2014, the appropriate state, district, county, or precinct executive committee members who are elected in the 2014 primary elections (or appointed) to a new term starting June 16, 2014 may nominate a candidate for the unexpired term after the new party officers take office. (Secs. 1.006, 145.036, 171.022, 201.022, 202.006).
      
      NOTE: Newer law at Section 202.004 provides that the last day for a vacancy to occur and be on the primary ballot is December 4, 2013 (fifth day before regular filing deadline). Older law at Section 202.006 provides that vacancies in office occurring after the 62nd day before the primary go on the November ballot. A strict reading of Section 202.006 would create a gap whereby an otherwise timely vacancy could not be placed on the November ballot. We view the newer law as prevailing; therefore, any vacancy in office that occurs too late for the primary ballot under Section 202.004 (after December 4, 2014), but in time for the November ballot (not later than August 22, 2014), is subject to the vacancy in nomination procedures as usual.
      
      
   2. Nominating Procedure.
      
      The nominating procedure for an unexpired term is the same as that provided for filling a vacancy in a nomination, to the extent it can be made applicable. (Secs. 145.036, 145.037, and 145.038).
      
      
      1. To be nominated, a person must fulfill the eligibility requirements for the particular office and receive a favorable vote of a majority of the appropriate executive committee members present at the nominating meeting. For purposes of making a nomination, a majority of the committee's membership constitutes a quorum. For purposes of calculating the residency requirement, count backwards from the date of the nomination (e.g., a candidate for county judge must be a resident of the county for six months prior to the date of nomination). (Sec. 141.001(a)(5)(D)).
         
         
      2. The chair of the executive committee making the nomination must certify in writing the nominee's name for placement on the general election ballot.
         
         The certificate must:
         
         
         1. be signed and acknowledged by the chair;
            
            
         2. include the nominee's residence address and mailing address, if different from the residence address;
            
            
         3. the name of the original nominee;
            
            
         4. state the office sought, including any place number or other distinguishing number;
            
            
         5. state the cause of the vacancy;
            
            
         6. state an identification of the executive committee making the nomination; and
            
            
         7. state the date of the nomination.
            
            
      3. Not later than 5:00 p.m., August 25, 2014 (71st day before general election day), the certificate must be delivered to the Secretary of State for a statewide or district office, or to the county clerk/elections administrator for a county or precinct office. (Sec. 145.037).
         
         
      4. If the certificate is filed by mail, it must be received by the filing authority by the deadline.
         
         
   3. Failure of Executive Committee to Make Nomination.
      
      If the district executive committee fails to nominate and certify a candidate by the August 25, 2014 deadline, the state executive committee may nominate a candidate to fill the vacancy. The state chair must deliver the nominee's certificate to the Secretary of State not later than 5:00 p.m., August 28, 2014 (69th day before general election day, August 27, 2013, Lyndon Baines Johnson Day, is extended to next business day). (Sec. 145.038). Again, if the certificate is filed by mail, it must be received by the filing authority by the deadline.

Appendix B

Death, Withdrawal, or Ineligibility or Candidates for the 2014 Primary Election

1. Extension of Filing Deadline.* *For extensions of deadlines for write-in declarations for county or precinct chairs, see II. below.

   1. A. Death of Candidate. (Sec. 172.054).
      
      The Election Code provides for an extended filing deadline (5th day after the regular candidate filing deadline, Saturday, December 14, 2013, extended to December 16, 2013) in the event that a candidate dies on or after the fifth day before the date of the regular filing deadline (December 4, 2013) and on or before the first day after the date of the regular filing deadline (December 10, 2013).
      
      
   2. Withdrawal or Ineligibility of Incumbent Candidate.
      
      The Election Code provides for an extended filing deadline (5th day after the regular candidate filing deadline, Saturday, December 14, 2013, extended to December 16, 2013) in the event that an incumbent running for re-election withdraws from the election or is declared ineligible on the date of the regular filing deadline (December 9, 2013) or on the first day after the date of the regular filing deadline (December 10, 2013).
      
      
   3. Withdrawal or Ineligibility of Sole Candidate.
      
      
      1. The Election Code provides for an extended filing deadline (5th day after the regular candidate filing deadline, Saturday, December 14, 2013, extended to December 16, 2013) if the sole candidate for an office withdraws his or her name from the primary election ballot or is declared ineligible to run in the primary election on the date of the regular filing deadline (December 9, 2013) or on the first day after the date of the regular filing deadline (December 10, 2013), and at the time of the withdrawal or declaration of ineligibility no other candidate has made an application that complies with the applicable requirements for the office sought by the withdrawn or ineligible candidate.
         
         
      2. Provisions concerning notice of the extension and submission of a supplemental list of candidates mentioned in Section A apply.

2. Extension of Write-in Filing Deadline, Office of County or Precinct Chair.

   1. This type of extension is no longer law. The provisions allowing for an extension of the deadline for precinct chair candidates under certain circumstances were repealed by Senate Bill 100 (2011). (Sec. 171.0231(d)).

Appendix C

1. Replacement Nomination if Vacancy Occurs in the Party's Nomination for the General Election (Secs. 145.035; 145.036).

   NOTE: Under prior law, the dates when death, withdrawal, and declarations of ineligibility removed names from the primary ballot dovetailed with the dates after which similar events could result in allowing vacancies in nomination on the November ballot to be filled. Newer laws at Sections 172.057(a) and 172.058(a) provide for different deadlines for removing names from the primary ballot because of those events. Section 145.036 (procedure for filling vacancy in nomination) was not amended to be consistent. A strict reading of Section 145.036 would create a gap in the dates, which we think is inconsistent with the overall legislative scheme. We view the newer law as prevailing. Accordingly, we are using December 10, 2013 (first day after the regular filing deadline) in lieu of the 62nd day before primary election day, for purposes of Section 145.036. (See Secs. 172.057(a) & 172.058(a), as amended by Senate Bills 904 and 910, 2013 Legislative Session.) See similar note at Appendix A.
   
   Example: Under new law, a candidate has until December 10, 2013 (first day after the filing deadline) to withdraw; after that, the name stays on the primary ballot. Later in the process, the party may make a replacement nomination if the withdrawal from the November ballot adheres to certain more strict guidelines. However, under prior law, the candidate had until the 62nd day before primary election day to withdraw; then after the 62nd day, he or she could still withdraw from nomination on the November ballot, under stricter conditions; i.e., there was no gap. Accordingly, we are using December 10, 2013 in lieu of the 62nd day before primary election day to close the gap.
   
   
   1. When a Vacancy in Nomination May Be Filled.
      
      A vacancy in nomination may be filled if the name of the party's nominee will not appear on the November ballot due to:
      
      
      1. a death occurring after December 10, 2013 (first day after the date of the regular filing deadline) and on or before August 22, 2014 (74th day before general election). (Secs. 145.035, 145.036, and 172.058(b));
         
         
      2. a declaration of ineligibility occurring after December 10, 2013 (first day after the date of the regular filing deadline) and on or before August 22, 2014 (74th day before general election). (Secs. 172.058(b), 145.035, and 1.006);
         
         
      3. a withdrawal due to catastrophic illness: the withdrawal must occur after December 10, 2013 (first day after the date of the regular filing deadline) and on or before August 22, 2014 (74th day before general election); the illness must have been diagnosed after December 10, 2013 (first day after the date of the regular filing deadline). The illness must be such that the candidate will be permanently and continuously incapacitated and prevented from performing the duties of the office sought. The withdrawal must be accompanied by the certificate of two licensed physicians. If the candidate withdrawing is the only nominee for the office in either party conducting a primary, all political parties with ballot access are entitled to select a replacement nominee. (Secs. 172.052, 145.036(b)(1), 145.036(c), and 1.006);
         
         
      4. a withdrawal because the candidate has been elected or appointed to fill a vacancy in another elective office or has become the nominee for another office after December 10, 2013 (first day after the date of the regular filing deadline) and August 22, 2014 (74th day before general election). If the candidate withdrawing is the only nominee for the office in either party conducting a primary, all political parties with ballot access are entitled to select a replacement nominee (Secs. 145.036(b)(3), 145.036(c), and 1.006); or
         
         
      5. withdrawal by the only nominated candidate for the office in either party conducting a primary sought on or before August 22, 2014 (74th day before general election). All political parties with ballot access are entitled to select a replacement nominee. (Secs. 145.036(b)(2), 145.036(c), and 1.006)
         
         
      6. a death of runoff primary candidate before runoff primary election day. If a candidate in the runoff dies or becomes ineligible before runoff election day but wins the runoff election, thereby becoming the party’s nominee, the appropriate executive committee may select a replacement nominee.
         
         NOTE: All political parties with ballot access are entitled to select a replacement nomination in the circumstance of a withdrawal by the only nominated candidate for the office in either party conducting a primary (see I. A. 3-5, above); otherwise, only the party with the deceased, ineligible, or withdrawn candidate is entitled to make a replacement nomination. (Sec. 145.036(c))
         
         
   2. Nominating Procedure.
      
      
      1. The nominating procedure for a vacancy in a nomination is prescribed by Sections 145.031 145.039. June 16, 2014 (first day of new party officers’ term) is the first day the appropriate committee can meet to make a nomination. (Secs. 145.036(e), 171.022(c))
         
         
      2. The chair of the appropriate executive committee must deliver the certificate of the replacement nominee's name by 5:00 p.m., August 25, 2014 (71st day before general election), to either the Secretary of State for a statewide or district office, or the county clerk/elections administrator for a county or precinct office, whichever is applicable. If the certificate is filed by mail, it must be received by the filing authority by the deadline. (Secs. 145.037(d), (e), and (f))
         
         
   3. Failure to Appoint a Replacement Nominee.
      
      If the district executive committee fails to appoint a replacement nominee by August 25, 2014 (71st day before general election), the state executive committee may appoint a nominee to fill the vacancy and the state chair must deliver the certificate of the replacement nominee to the Secretary of State by 5:00 p.m., August 28, 2014 (69th day before general election day, August 27, 2013, Lyndon Baines Johnson Day, is extended to next business day). If the certificate is filed by mail, it must be received by the filing authority by the deadline. (Secs. 145.037(f), 145.038)