Sec. 141.065. AFFIDAVIT OF CIRCULATOR. (a) Each part of a petition must include an affidavit of the person who circulated it, executed before a person authorized to administer oaths in this state, stating that the person:
(1) pointed out and read to each signer, before the petition was signed, each statement pertaining to the signer that appears on the petition;
(2) witnessed each signature;
(3) verified each signer's registration status; and
(4) believes each signature to be genuine and the corresponding information to be correct.
(b) If a petition contains an affidavit that complies with Subsection (a), for the purpose of determining whether the petition contains a sufficient number of valid signatures, the authority with whom the candidate's application is filed may treat as valid each signature to which the affidavit applies, without further verification, unless proven otherwise.
(c) 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.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 469 (H.B. 2157), Sec. 2, eff. September 1, 2017.
Notes of Decisions
Cited in
14
cases, 1988–2020 · leading case:
In Re Angelini, 186 S.W.3d 558 (Tex. 2006).
In Re Angelini, 186 S.W.3d 558 (Tex. 2006).
· cites it 4× “See TEX. ELEC. CODE §§ 141.065, 172.021. The Legislature's considered judgment notwithstanding, the Court in this case grants a four-week extension of the deadline.”
In Re Bell, 91 S.W.3d 784 (Tex. 2002).
· cites it 2× “See Tex. Elec. Code § 141.065. Significantly, Bell's petition contains no place for an individual to indicate in which precinct he or she resides.”
Brady v. Fourteenth Court of Appeals, 795 S.W.2d 712 (Tex. 1990).
“Tex.Elec.Code Ann. § 141.065 (Vernon 1986): (a) Each part of a petition must include an affidavit of the person who circulated it stating that the person: *714 (1) pointed out and read to each signer, before the petition was signed, each statement pertaining to the signer that…”
Cohen v. Strake, 743 S.W.2d 366 (Tex. App. 1988).
· cites it 2× “Here Scott personally gathered all the signatures. He collected them and personally vouched for them by signing the forms in the appropriate spaces.”
Dunn v. Slagle, 783 S.W.2d 953 (Tex. App. 1990).
· cites it 2× “" Tex.Elec.Code Ann. § 141.065(a)(3) and (4) (Vernon 1986).”
In re Wilson, 421 S.W.3d 686 (Tex. App. 2014).
“See Tex. Elec.Code Ann. § 141.065(b); cf. Tex.”
In re Stalder, 540 S.W.3d 215 (Tex. App. 2018).
“" The brief further notes: "Treating as valid the signatures on the 116 pages which do contain a Circulator's Affidavit meeting the statutory requirements, Relator's Petition contains 798 facially valid signatures which contain VUID numbers, which, as permitted by Tex. Elec.…”
O'Neill v. Bentsen, 824 S.W.2d 744 (Tex. App. 1992).
“Tex.Elec.Code Ann. § 141.065 (Vernon 1986).”
in Re James Pikl (Tex. App. 2018).
· cites it 3× “TEX. ELEC. CODE ANN. § 141.065(a) (West Supp.”
— Tex. Elec. Code § 141.065(a) — 4 cases
Cohen v. Strake, 743 S.W.2d 366 (Tex. App. 1988).
“Here Scott personally gathered all the signatures. He collected them and personally vouched for them by signing the forms in the appropriate spaces.”
in Re James Pikl (Tex. App. 2018).
“TEX. ELEC. CODE ANN. § 141.065(a) (West Supp.”
— Tex. Elec. Code § 141.065(a)(3) — 1 case
Dunn v. Slagle, 783 S.W.2d 953 (Tex. App. 1990).
“" Tex.Elec.Code Ann. § 141.065(a)(3) and (4) (Vernon 1986).”
— Tex. Elec. Code § 141.065(b) — 5 cases
In re Wilson, 421 S.W.3d 686 (Tex. App. 2014).
“See Tex. Elec.Code Ann. § 141.065(b); cf. Tex.”
In re Stalder, 540 S.W.3d 215 (Tex. App. 2018).
“" The brief further notes: "Treating as valid the signatures on the 116 pages which do contain a Circulator's Affidavit meeting the statutory requirements, Relator's Petition contains 798 facially valid signatures which contain VUID numbers, which, as permitted by Tex. Elec.…”
in Re James Pikl (Tex. App. 2018).
“TEX. ELEC. CODE ANN. § 141.065(a) (West Supp.”
— Tex. Elec. Code § 141.065(c) — 1 case
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