Frequently Asked Questions on Candidacy

All references are to the Election Code (unless stated otherwise)

Candidate Application Questions

Candidate Filing Fee Questions

Candidate Petition Questions

Effect of Redistricting

Candidate Eligibility Questions

Questions the Secretary of State’s Office Cannot Answer

Candidate Application Questions

Can a candidate submit an application via email or fax?

It depends on the materials being submitted. Although Section 1.007 of the Code expressly authorizes email as a delivery method, the law still requires that a candidate’s application and all of its components (including a petition or filing fee) be delivered at the same time, not separately. Therefore, if a candidate submits a filing fee along with an application, it MAY NOT be submitted via email or fax. However, if a candidate submits a petition in lieu of a filing fee along with an application, those may be submitted together via email or fax. Please be advised that an application must be notarized (or otherwise sworn to before someone authorized to administer an oath under Texas law) prior to filing via fax or email. [Secs. 1.007, 143.004, 144.003].

Note: An application filed by mail is considered to be filed at the time of its receipt by the appropriate authority. [Secs. 143.007, 144.005].
Can a candidate use an online notary to notarize their candidate application?

Yes, if the notary has been authorized to provide online notarial services. The notary may also add the required online notarial statement to the candidate application.

In general, the candidate will typically need to provide a wet signature on the document to comply with the requirement, because the candidate must sign the application in the presence of a notary public or other person authorized under Chapter 602 of the Government Code. However, Chapter 406, Subchapter C allows for individuals who are specifically appointed as online notaries to perform notarization services using specific procedures outlined in Subchapter C.

Because the online notary is authorized to administer oaths in the same manner as a notary public under Government Code Sections 406.107 and 406.016, the candidate's application containing an electronic signature that was executed before an online notary can be considered to have been signed and sworn to before a person authorized to administer oaths for purposes of the requirement outlined in Election Code Section 141.031(a)(2).
May another person deliver the application, filing fee, or petition in lieu of a filing fee to the filing authority on the candidate’s behalf?

Yes. As long as the application is completed, signed, and notarized, and accompanied by either a filing fee or petition in lieu of a filing fee (if required), another person may deliver the application on the candidate’s behalf.
Is a candidate required to be a registered voter? If so, by what deadline?

The general rule under Election Code Section 141.001 states that a candidate must be a registered voter of the territory from which the office is elected by the time of the regular candidate filing deadline. This rule is explained in more detail in this FAQ: Voter Registration for Candidates

However, some political subdivisions may have eligibility requirements that deviate from the general rule. Please review your political subdivision’s governing statutes for more information.
May a candidate announce that they are running for an office prior to filing an application? Also, what is considered an announcement of candidacy?

An officer of a city with terms of more than two years should be aware of Article 16, Section 65 and Article 11, Section 11 of the Texas Constitution (PDF) (often called the “resign-to-run” provision). For some public offices, an announcement of candidacy could constitute an automatic resignation of the office then held, if the official has more than a year and 30 days remaining on their term.

A home rule city may provide in its charter that a mayor or councilmember who becomes a candidate for another office automatically resigns his or her current office, even if the term of office is two years. Tex. Att'y Gen. Op. No. GA-0217 (2004).

Some political subdivisions may have specific resign-to-run provisions. Please review your political subdivision’s governing statutes for more information.

The Texas Attorney General has issued several opinions regarding the question of what is considered an announcement of candidacy. Our office recommends that candidates review the following Attorney General opinions:
- Tex. Att'y Gen. LO-95-071 (1995)(PDF)
- Tex. Att'y Gen. Op. No. JC-0249 (2000)(PDF)
- Tex. Att'y Gen. Op. No. GA-0643 (2008)(PDF)
- Tex. Att'y Gen. Op. No. GA-0769 (2010)(PDF)
- Tex. Att'y Gen. Op. No. KP-0351 (2021)(PDF)
  
  Candidates will need to check with the Texas Ethics Commission, which administers and enforces Title 15 of the Texas Election Code, concerning political contributions and expenditures, and political advertising.
Does a current office holder automatically resign from that office when announcing their candidacy for another elected office?

It depends. Article 16, Section 65 of the Texas Constitution (often called the “resign-to-run” provision) applies to specific district, county, and precinct offices¹ and Article 11, Section 11 applies to cities with council terms of more than two years. An official who has more than one year and 30 days remaining in their current term of office, and who announces a candidacy for another office, automatically resigns from the first office. [Tex. Const. Art. 11, § 11; Tex. Const. Art. 16, § 65].

A home rule city may provide in its charter that a mayor or councilmember who becomes a candidate for another office automatically resigns his or her current office, even if the term of office is two years. Tex. Att'y Gen. Op. No. GA-0217 (2004).

Some political subdivisions may have specific resign-to-run provisions. Please review your political subdivision’s governing statutes for more information.
Can a person hold two public offices at the same time?

The Texas Constitution generally prohibits dual office holding. [Tex. Const. Art. 16, § 40]. Questions relating to the dual office holding and incompatibility doctrines are often highly fact-specific and depend on the specific position being held and the position being sought. While our office does not have the authority to issue binding determinations of eligibility under those doctrines, there are several attorney general opinions that address specific types of conflicts.
- Attorney General Opinions on Incompatibility
Can a candidate file an application for more than one office in the same election?

No. A candidate cannot file applications for two or more offices that will be voted on at one or more elections held on the same day. For example, a candidate could not file an application for city council and school board if those elections will be held on the same day. If a candidate files more than one application for a place on the ballot, each application filed subsequent to the first application is invalid. [Secs. 52.034, 141.033].
Can a candidate use a nickname, title, or maiden name on the ballot?

Nickname: A candidate may use one unhyphenated word of not more than 10 letters by which the candidate has been commonly known for at least three years preceding the election. A nickname that constitutes a slogan or otherwise indicates a political, economic, social, or religious view or affiliation may not be used. [Sec. 52.031].
Title: A title or designation of office (such as the candidate’s designation as an incumbent), status, or position MAY NOT be used in conjunction with a candidate’s name on the ballot. Some examples of prohibited titles include officer ranks (including but not limited to Lieutenant, Commander, and Captain), Doctor, Pastor, and Coach. [Sec. 52.033].
Surname: A person may use any surname acquired by law or marriage. A married person may also use a maiden name. [Sec. 52.031].
Candidate name questions are often fact-specific. Please contact our office if you have additional questions.
Can a candidate for city, school, or other political subdivision have a party affiliation appear next to their name on the ballot?

Generally, no. A candidate’s name may appear on the ballot only as an independent (i.e., no party affiliation). [Secs. 143.002, 144.002].
However, a home rule city charter may authorize nomination of partisan candidates by political organizations. Candidates should review the city’s charter or ordinance for more information. [Sec. 143.003].
If a candidate is retired or unemployed, what should the candidate include in the Occupation box on the application?

The candidate’s occupation is a required field on a candidate’s application for a place on the ballot. [Sec. 141.031]. Failure to provide the candidate’s occupation in that field could result in the candidate’s application being rejected by the filing authority. The Texas Supreme Court has indicated that for an applicant with no occupation, “leaving the occupation box blank is not the ideal way to convey that information, but it does not violate any statutory command.” [In re Anthony, 642 S.W.3d 588, 591 (Tex. 2022)]. Therefore, we strongly recommend that a candidate include something in the occupation box, even if it is “retired,” “unemployed,” or “N/A.”
Can a candidate amend their application after it has been filed?

No. A candidate may not amend an application after it has been filed. If the candidate needs to correct a defective candidate application, the candidate may submit a Certificate of Withdrawal (PDF) or a written, signed, and notarized letter to the filing authority and then submit a new candidate application before the filing deadline. [Secs. 141.032, 145.001].
What should the filing authority do with the candidate’s application and filing fee (if required) when it does not meet the requirements for acceptance?

If the candidate’s application does not meet the requirements for acceptance, we strongly recommend that the filing authority reject the application rather than asking the candidate to withdraw. If a candidate’s application is rejected, then the filing authority must refund the filing fee to the candidate under Section 141.038(a)(2) of the Election Code. However, if the candidate withdraws (by a signed, sworn withdrawal), then the filing fee cannot be refunded under Section 141.038(c) of the Election Code.
What should the filing authority do with the candidate’s application and petition (if required) when it does not meet the requirements for acceptance?

If the candidate’s application or petition (if required) does not meet the requirements for acceptance then the filing authority must reject the candidate’s application and immediately deliver to the candidate written notice of the reason for the rejection. [Sec. 141.032].

Even if the application is rejected, the filing authority should keep the candidate’s application. Once an application has been filed with the filing authority, the application becomes an official record subject to disclosure under the Texas Public Information Act. [Sec. 141.035].
Can a person request a copy of a candidate’s application and/or petition (if applicable)?

Yes. A candidate’s application and any accompanying petition is public information as soon as it is filed. [Sec. 141.035]. Therefore, any person may request to inspect or obtain a copy of such information.
Can a candidate request their residence address be suppressed from being publicly disclosed?

Some candidates may be eligible for confidentiality under Section 552.1175 of the Texas Government Code. Eligible candidates may request the individual’s home address, home telephone number, emergency contact information, date of birth, social security number, and any information that reveals whether the individual has family members to be restricted from public access. Eligible candidates who qualify for this confidentiality should file their Request for Confidentiality for Candidates Under Texas Government Code (PDF) with the filing authority with whom they submitted their candidate application.

Candidate Filing Fee Questions

What if a candidate fails to submit a filing fee, a nominating petition, or a petition in lieu of a filing fee?

Failure to submit a required filing fee, a nominating petition (if required), or a petition in lieu of a filing fee, could result in the candidate’s application being rejected by the filing authority.
May a candidate submit both a petition in lieu of a filing fee and a filing fee along with an application for a place on the ballot?

Yes. If the filing authority has the opportunity to do so before the candidate files, we suggest that the filing authority advise the candidate that the check will be used first and cannot be refunded. If the candidate files with a filing fee, the filing authority will cash the filing fee.

If the filing fee is returned for insufficient funds, the filing authority should allow the candidate to rely on the petition in lieu of a filing fee. [In re Stalder, 540 S.W.3d 215 (Tex. App.—Houston [1st Dist.] 2018)]. The filing authority should first advise the candidate (if there is time) that if both a filing fee and a petition are submitted, the filing authority will start by depositing the check.
If a filing fee is rejected due to insufficient funds, does the filing authority physically return the original application to the candidate (presuming it is otherwise valid)?

If the filing fee is returned for insufficient funds before the filing deadline, then the filing authority must reject the candidate’s application and notify the candidate of the rejection. The candidate may submit a new application and filing fee before the end of the filing period.

If the filing fee is returned for insufficient funds after the filing deadline, then the filing authority must reject the candidate's application.

Either way, the filing authority should keep the original candidate application. Once an application has been filed with the filing authority, the application becomes an official record subject to disclosure under the Texas Public Information Act. [Sec. 141.035].
Can a candidate pay the filing fee with a credit card?

No. Paying a filing fee with a credit card is not authorized under current law.
Can a filing fee be refunded to the candidate?

It depends on the grounds on which a refund sought. A filing fee paid in connection with a candidate’s application for a place on the ballot must be refunded to the candidate, or to the candidate’s estate, if the candidate dies, the candidate is declared ineligible, or the candidate’s application is determined not to comply with the required form, content, and procedure before the date of the election for which the application was made. A claim for a refund of a filing fee must be submitted to the same filing authority with whom the application was filed. A filing fee may not be refunded for reasons other than those authorized by law. [Sec. 141.038].

Note: If you receive a filing fee that is more than the amount required for the office (e.g., a $1,250 filing fee for an office that requires a filing fee of $750), then the filing authority should not reject the candidate’s application on that basis. In that situation, the filing authority should refund the amount by which the amount paid exceeds the required filing fee (e.g., a $500 refund if the candidate paid a $1,250 filing fee for an office that requires a filing fee of $750).

Candidate Petition Questions

Are candidates required to collect petition signatures?

Typically, candidates for local political subdivisions are not required to submit a nominating petition along with their application. However, candidates in a home rule city should check the city charter as a city charter may prescribe additional requirements in connection with a candidate’s application.
When may a candidate begin collecting signatures for a nominating petition or petition in lieu of a filing fee?

petition in lieu of a filing fee under the Election Code. However, candidates in a home rule city should check the city charter as a city charter may prescribe additional requirements in connection with a candidate’s application. If other political subdivisions require a petition, candidates should consult the political subdivisions regarding potential additional requirements regarding the candidate’s petition. [Sec. 143.005].

If a candidate circulates a petition in lieu of the filing fee, the voters who sign the petition must be registered voters of the territory from which the candidate’s office sought is elected or must have been issued a registration certificate which will become effective in that territory on or before the applicable election. This means that if the boundary of the territory from which the office is sought subsequently changes as a result of redistricting, and the voter is no longer a registered voter of the territory due to redistricting, the voter’s signature on the petition will no longer be valid and cannot be considered by the filing authority. This is due to the fact that the voter was not a registered voter of the new territory from which the office is sought. [Sec. 141.063].
Should a candidate’s legal name or the name as the candidate wishes it to appear on the ballot be on the candidate’s petition?

A candidate may use a legal name or a nickname on the petition to collect signatures. As long as signers can determine who the candidate is, and that the petition acknowledged this, the nickname or preferred name would be allowed. The candidate’s application should also reflect the nickname or preferred name. The person does not have to use their given name as it appears on the voter registration rolls when collecting signatures. See above information about permitted nicknames.
Who can circulate a petition for a candidate?

The Election Code does not define any eligibility requirements for service as a circulator. For example, a person may circulate a petition even if the circulator is not a registered voter of the area. However, in that situation, the circulator would not be eligible to sign the petition unless they are a registered voter of the territory from which the office sought is elected or has been issued a registration certificate for a registration that will become effective in that territory on or before the date of the applicable election. Additionally, there is no age requirement for a circulator. However, if the circulator is below 18 years of age, the circulator must be mentally capable of understanding the affidavit of circulator and the petition requirements they are swearing to before a person authorized to administer oaths in this state. [Secs. 141.063, 141.065].
Does each page of the candidate’s petition need to be notarized?

No. The candidate’s petition may consist of several parts and each part may consist of several pages. A single notarized affidavit by any person who obtained signatures is valid for all signatures gathered by the person if the date of notarization is on or after the date of the last signature obtained by the person. A circulator may complete a single affidavit that applies to all petition signatures gathered on all the pages circulated by that circulator before the date the affidavit is notarized. [Sec. 141.065].
Do the signatures need to be from people in a specific area when circulating a candidate petition?

Yes. Section 141.063(a)(1) of the Election Code provides that a signature on a petition is valid if, except as otherwise provided by the Code, the signer, at the time of signing, is a resident and registered voter of the territory from which the office sought is elected or has been issued a registration certificate for a registration that will become effective in that territory on or before the date of the applicable election. The signer’s residence address and voter registration address are not required to be the same if the signer would otherwise be able to vote for that office under Section 11.004 (fail safe voting) or Section 112.002 (limited ballots). [Sec. 141.063(e)].
May a candidate sign their own petition?

Yes. As long as the candidate, at the time of signing, is a registered voter of the territory from which the office sought is elected. [Sec. 141.063].
Can a voter withdraw their signature from a candidate’s petition?

Yes. A signature may be withdrawn by a signer if the signer files a sworn written request to withdraw their signature with the filing authority no later than the date the petition is received by the filing authority or the seventh day before the petition filing deadline, whichever is earlier. The signer must also deliver a copy of the withdrawal request to the candidate when the request is filed. [Sec. 141.067].

If the withdrawal of signatures would result in the petition falling below the required number of signatures, the filing authority must notify the candidate immediately by telephone (or an equally expeditious method) about the number of withdrawn signatures. In this situation, a candidate may supplement their petition with an equal number of signatures to the number withdrawn before the third day after the date the candidate receives the notice. [Sec. 141.067].

Effect of Redistricting

A candidate is interested in running for an office elected from a territorial unit (i.e., a single-member district). How is length of residency calculated in a district if the boundaries changed?

In determining whether a candidate has complied with the residence requirement under Section 141.001, residence in an area while the area was not part of the district is considered as residence within the district if that area is part of the district on the date prescribed by Section 141.001(a)(5). [Sec. 141.004]. For example, if a person has resided in their home for 3 years, and prior to redistricting their residence was not part of the district but after redistricting it is part of the district, the person can consider those 3 years in determining the required period of residence.

Please keep in mind that a change in a boundary of a territorial unit of a political subdivision is not effective for an election unless the date of the order or other action adopting the boundary change is more than three months before election day. [Sec. 276.006].
When is the voter registration deadline for a candidate whose office has been redistricted?

The general rule under Section 141.001 is that a candidate must be a registered voter by the time of the regular candidate filing deadline. One notable exception: A declared write-in candidate must be registered by election day. See our page on Voter Registration Requirements for Candidates for more information.

Candidate Eligibility Questions

A home rule city has a charter provision that provides that one of the qualifications for a member of city council is that the candidate “shall not be in arrears in the payment of taxes or other liabilities due the city.” Does a candidate need to pay off any debts to the city to be eligible to be a candidate for city office?

Our office is not a judicial authority and therefore cannot determine whether the relevant provision of a city charter is constitutional. However, there are a few cases the city may wish to review with their city attorney in considering whether to apply this charter provision when considering the eligibility of prospective candidates in the city:
- Hunt v. City of Longview, 932 F. Supp. 828 (E.D. Tex. 1995) – “In keeping with the rationale of Deibler, the court holds that the requirement that elected officials pay alleged liabilities to the City or risk forfeiture of office is not rationally related to the governmental interest of promoting good citizenship. The City ‘may not rely on a classification whose relationship to an asserted goal is so attenuated as to render the distinction arbitrary or irrational.’”
- Gonzales v. City of Sinton, 319 F. Supp 189 (S.D. Tex. 1970) – “[T]he court believes that many of those same principles which render the voting restrictions constitutionally unacceptable are equally applicable to the issue of candidacy. . . . All residents of Sinton who are qualified voters under the laws of Texas have a significant interest in representation at the local level. Assessment of property taxes is only one function of the City Council of Sinton. Every other potential act of the Council will bear as much upon the resident who owns no real estate or pays no property taxes as upon him whose tax payments fill the public coffers.”
- Deibler v. City of Rehoboth Beach, Del., 790 F.2d 328 (3d Cir. 1986) – “Each new qualification decreases a voter’s choice and consequently harms democratic government. Analysis of equal protection and our understanding of the legitimate interests of society counsel that candidacy conditioned on the payment of taxes is inimical to democratic government.”
- Corrigan v. City of Newaygo, Mich., 55 F.3d 1211 (6th Cir.), cert. denied, 516 U.S. 943 (1995) – “Although we conclude that the ordinance has a rational basis, we do not necessarily disagree with the Third Circuit that the ordinance is not well-tailored to accomplish the other objectives the defendant claims it does. A candidate who may have been delinquent in his taxes or assessments for years can pay his obligations the day before the filing deadline. It is not clear that this person is more suited for office under the City’s other justifications for the ordinance than someone who pays one day after the filing deadline. In addition, the City’s rationales for the ordinance do not account for those who might be unable to pay their taxes. It is not clear that such a person would lack commitment to the City, fail to engender public respect, or be unfit to fashion the City’s tax policies. In light of the existence of one ‘rational basis’ for the ordinance, we need not decide whether these three moral justifications for the ballot access restriction can survive rational basis review.”
Does a candidate for a Type A city need to pay off any debts to the city before they are eligible to be a candidate?

The Texas Attorney General issued an opinion on this issue and concluded that because the legislature determines the qualifications for a Type A general-law municipality, a court would likely conclude that the general ordinance authority in the Local Government Code does not authorize a city to disqualify an officer on the basis of default to the county. [Tex. Att’y Gen. Op. No. KP-0394 (2021)(PDF)].
Do nepotism laws prohibit close relatives from running for or being elected to serve together on the same governing body?

No. The nepotism laws do not affect a person’s eligibility as a candidate and do not prohibit close relatives from being elected to serve together on the same governing body. The nepotism laws limit actions only by the governing body or the entity’s employee with final hiring authority. They do not limit the ability of the electorate to elect close relatives to the same governing body.

Questions the Secretary of State’s Office Cannot Answer:

Questions related to campaign treasurer appointments
Questions related to campaign finance reports
Questions about what words or images may or may not appear on campaign signs
Questions about when or where candidates may place their campaign signs
Questions about campaign mailers, text messages, social media posts, etc.

The Texas Ethics Commission is the agency responsible for reviewing all campaign finance and political advertising issues and filings. They also address and prosecute ethics violations. Therefore, the above questions would need to be directed to their office.

Texas Ethics Commission
P.O. Box 12070
Austin, TX 78711-2070
512-463-5800

The resign-to-run provision applies to the following offices: District Clerks; County Clerks; County Judges; Judges of the County Courts at Law, County Criminal Courts, County Probate Courts and County Domestic Relations Courts; County Treasurers; Criminal District Attorneys; County Surveyors; County Commissioners; Justices of the Peace; Sheriffs; Assessors and Collectors of Taxes; District Attorneys; County Attorneys; Public Weighers; and Constables.