Sec. 141.032. REVIEW OF APPLICATION; NOTICE TO CANDIDATE. (a) On the filing of an application for a place on the ballot, the authority with whom the application is filed shall review the application to determine whether it complies with the requirements as to form, content, and procedure that it must satisfy for the candidate's name to be placed on the ballot.
(b) Except as provided by Subsection (c), the review shall be completed not later than the fifth day after the date the application is received by the authority.
(c) If an application is accompanied by a petition, the petition is considered part of the application, and the review shall be completed as soon as practicable after the date the application is received by the authority. However, the petition is not considered part of the application for purposes of determining compliance with the requirements applicable to each document, and a deficiency in the requirements for one document may not be remedied by the contents of the other document. Unless the petition is challenged, the authority is only required to review the petition for facial compliance with the applicable requirements as to form, content, and procedure.
(d) A determination under this section that an application complies with the applicable requirements does not preclude a subsequent determination that the application does not comply, subject to Section 141.034.
(e) If an application does not comply with the applicable requirements, the authority shall reject the application and immediately deliver to the candidate written notice of the reason for the rejection.
(f) This section does not apply to a determination of a candidate's eligibility.
(g) Except as otherwise provided by this code:
(1) a candidate may not amend an application filed under Section 141.031; and
(2) the authority with whom the application is filed may not accept an amendment to an application filed under Section 141.031.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1993, 73rd Leg., ch. 728, Sec. 54, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1349, Sec. 51, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 254 (H.B. 1135), Sec. 1, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 95 (S.B. 44), Sec. 1, eff. May 23, 2017.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 76, eff. September 1, 2021.
Notes of Decisions
Cited in
30
cases (
3 in the last 5 years), 1986–2022 · leading case:
In Re Gamble, 71 S.W.3d 313 (Tex. 2002).
In Re Gamble, 71 S.W.3d 313 (Tex. 2002).
· cites it 36× “See Tex. Elec.Code § 141.032. After a candidate files an application for a place on the ballot, the party chair "shall review the application to determine whether it complies with the requirements as to form, content, and procedure that it must satisfy for the *322 candidate's…”
In Re Angelini, 186 S.W.3d 558 (Tex. 2006).
· cites it 6× “See TEX. ELEC. CODE § 141.032. [4] Sharp offered this Court no explanation why he could not seek relief from the trial court or court of appeals, as required by our rules of appellate procedure unless there is a compelling reason not to do so.”
Triantaphyllis v. Gamble, 93 S.W.3d 398 (Tex. App. 2002).
· cites it 8× “032? In his first issue, Triantaphyllis argues there is no evidence to support the trial court's finding that the Republican Party failed to discharge its statutory duty to review Judge Gamble's application "as soon as practicable," as required by Texas Election Code Section…”
In Re Triantaphyllis, 68 S.W.3d 861 (Tex. App. 2002).
· cites it 10× “" Tex. Elec. Code Ann. § 141.032 (a) (Vernon Supp.”
Escobar v. Sutherland, 917 S.W.2d 399 (Tex. App. 1996).
· cites it 8× “A simple reading of Tex.Elec.Code Ann. § 141.032 demonstrates that the statute is clear and unambiguous.”
In Re Bell, 91 S.W.3d 784 (Tex. 2002).
· cites it 2× “" Tex. Elec.Code § 141.032(c) (emphasis added); see Fitch, 834 S.”
Sears v. Bayoud, 786 S.W.2d 248 (Tex. 1990).
· cites it 4× “Tex.Elec.Code Ann. § 141.032(a) (Vernon 1986).”
In Re Francis, 186 S.W.3d 534 (Tex. 2006).
· cites it 2× “TEX. ELEC. CODE § 141.032(d). Thus, under the statute, if a candidate fails to catch objectionable errors in his petition prior to the filing deadline, he risks a challenge and potential reversal of the Party chair's initial certification as late as the day before early voting…”
In Re Gibson, 960 S.W.2d 418 (Tex. App. 1998).
· cites it 3× “Tex. Elec. Code Ann. § 141.032 (a), (b) (Vernon 1986).”
In Re Ducato, 66 S.W.3d 558 (Tex. App. 2011).
· cites it 2× “Tex. Elec.Code Ann. § 141.032. The purpose of this statute is two-fold.”
Wentworth v. Meyer, 837 S.W.2d 148 (Tex. App. 1992).
· cites it 2× “, Tex.Elec.Code Ann. §§ 141.032, 145.003 (Vernon 1986).”
— Tex. Elec. Code § 141.032(2) — 1 case
In Re Ducato, 66 S.W.3d 558 (Tex. App. 2011).
“Tex. Elec.Code Ann. § 141.032. The purpose of this statute is two-fold.”
— Tex. Elec. Code § 141.032(a) — 6 cases
In Re Gamble, 71 S.W.3d 313 (Tex. 2002).
“See Tex. Elec.Code § 141.032. After a candidate files an application for a place on the ballot, the party chair "shall review the application to determine whether it complies with the requirements as to form, content, and procedure that it must satisfy for the *322 candidate's…”
Triantaphyllis v. Gamble, 93 S.W.3d 398 (Tex. App. 2002).
“032? In his first issue, Triantaphyllis argues there is no evidence to support the trial court's finding that the Republican Party failed to discharge its statutory duty to review Judge Gamble's application "as soon as practicable," as required by Texas Election Code Section…”
Sears v. Bayoud, 786 S.W.2d 248 (Tex. 1990).
“Tex.Elec.Code Ann. § 141.032(a) (Vernon 1986).”
In Re Gibson, 960 S.W.2d 418 (Tex. App. 1998).
“Tex. Elec. Code Ann. § 141.032 (a), (b) (Vernon 1986).”
— Tex. Elec. Code § 141.032(b) — 2 cases
In Re Gamble, 71 S.W.3d 313 (Tex. 2002).
“See Tex. Elec.Code § 141.032. After a candidate files an application for a place on the ballot, the party chair "shall review the application to determine whether it complies with the requirements as to form, content, and procedure that it must satisfy for the *322 candidate's…”
Escobar v. Sutherland, 917 S.W.2d 399 (Tex. App. 1996).
“A simple reading of Tex.Elec.Code Ann. § 141.032 demonstrates that the statute is clear and unambiguous.”
— Tex. Elec. Code § 141.032(c) — 11 cases
In Re Gamble, 71 S.W.3d 313 (Tex. 2002).
“See Tex. Elec.Code § 141.032. After a candidate files an application for a place on the ballot, the party chair "shall review the application to determine whether it complies with the requirements as to form, content, and procedure that it must satisfy for the *322 candidate's…”
In Re Angelini, 186 S.W.3d 558 (Tex. 2006).
“See TEX. ELEC. CODE § 141.032. [4] Sharp offered this Court no explanation why he could not seek relief from the trial court or court of appeals, as required by our rules of appellate procedure unless there is a compelling reason not to do so.”
In Re Bell, 91 S.W.3d 784 (Tex. 2002).
“" Tex. Elec.Code § 141.032(c) (emphasis added); see Fitch, 834 S.”
Triantaphyllis v. Gamble, 93 S.W.3d 398 (Tex. App. 2002).
“032? In his first issue, Triantaphyllis argues there is no evidence to support the trial court's finding that the Republican Party failed to discharge its statutory duty to review Judge Gamble's application "as soon as practicable," as required by Texas Election Code Section…”
— Tex. Elec. Code § 141.032(d) — 5 cases
In Re Gamble, 71 S.W.3d 313 (Tex. 2002).
“See Tex. Elec.Code § 141.032. After a candidate files an application for a place on the ballot, the party chair "shall review the application to determine whether it complies with the requirements as to form, content, and procedure that it must satisfy for the *322 candidate's…”
In Re Francis, 186 S.W.3d 534 (Tex. 2006).
“TEX. ELEC. CODE § 141.032(d). Thus, under the statute, if a candidate fails to catch objectionable errors in his petition prior to the filing deadline, he risks a challenge and potential reversal of the Party chair's initial certification as late as the day before early voting…”
Sears v. Bayoud, 786 S.W.2d 248 (Tex. 1990).
“Tex.Elec.Code Ann. § 141.032(a) (Vernon 1986).”
Escobar v. Sutherland, 917 S.W.2d 399 (Tex. App. 1996).
“A simple reading of Tex.Elec.Code Ann. § 141.032 demonstrates that the statute is clear and unambiguous.”
— Tex. Elec. Code § 141.032(e) — 7 cases
In Re Gamble, 71 S.W.3d 313 (Tex. 2002).
“See Tex. Elec.Code § 141.032. After a candidate files an application for a place on the ballot, the party chair "shall review the application to determine whether it complies with the requirements as to form, content, and procedure that it must satisfy for the *322 candidate's…”
Escobar v. Sutherland, 917 S.W.2d 399 (Tex. App. 1996).
“A simple reading of Tex.Elec.Code Ann. § 141.032 demonstrates that the statute is clear and unambiguous.”
— Tex. Elec. Code § 141.032(f) — 1 case
Escobar v. Sutherland, 917 S.W.2d 399 (Tex. App. 1996).
“A simple reading of Tex.Elec.Code Ann. § 141.032 demonstrates that the statute is clear and unambiguous.”
— Tex. Elec. Code § 141.032(g) — 5 cases
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