Texas Codes

Tex. Elec. Code § 142.002 (2026)

Declaration Of Intent Required

✓ current as of May 2026
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Sec. 142.002. DECLARATION OF INTENT REQUIRED. (a) To be entitled to a place on the general election ballot, a candidate must make a declaration of intent to run as an independent candidate.

(b) A declaration of intent to run as an independent candidate must:

(1) be in writing and be signed and acknowledged by the candidate;

(2) be filed with the authority with whom the candidate's application for a place on the ballot is required to be filed within the regular filing period for an application for a place on a general primary election ballot; and

(3) contain:

(A) the candidate's name and residence address;

(B) the office sought, including any place number or other distinguishing number; and

(C) an indication of whether the office sought is to be filled for a full or unexpired term, if the office sought and another office to be voted on have the same title but do not have place numbers or other distinguishing numbers.

(c) This section does not apply to:

(1) a candidate for an unexpired term if the vacancy occurs after the 10th day before the regular filing deadline for an application for a place on a general primary election ballot; or

(2) a candidate for an office for which the regular application filing deadline for candidates in a primary election is extended.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 1990–2022 · leading case: Cromer v. South Carolina, 917 F.2d 819 (4th Cir. 1990).
Cromer v. South Carolina, 917 F.2d 819 (4th Cir. 1990). · cites it 2× “1990); Tex.Elec.Code Ann. §§ 142.002(b)(2), 142.”
Walles v. McDonald, 889 S.W.2d 236 (Tex. 1994). “See Tex.Elec.Code Ann. §§ 142.002 and 172.023.”
Strayhorn v. Williams, 430 F. Supp. 2d 661 (W.D. Tex. 2006). “6 To be entitled to a place on the 2006 Texas general-election ballot, Strayhorn must file with the Secretary of State, on or before May 11, 2006, an application accompanied by a petition containing, inter alia, 45,540 7 valid signatures 8 of voters registered in Texas who have…”
Fagin v. Abbott (W.D. Tex. 2020). “” TEX. ELEC. CODE § 142.002. Plaintiff timely filed his declaration of intent with the Texas Secretary of State on December 9, 2019 to run in the November 3, 2020 general election.”
Sanders v. Hughs (W.D. Tex. 2020). “” Tex. Elec. Code Ann. § 142.002 . Sanders timely filed his declaration of intent with the Secretary.”
Miller v. Doe (W.D. Tex. 2022). “Tex. Elec. Code § 142.002. They must file an application and a nomination petition that contains valid signatures equal in number to 1% of the total vote for governor in the preceding election.”
Miller v. Doe (W.D. Tex. 2022). “Tex. Elec. Code § 142.002. They must file an application and a nomination petition that contains valid signatures equal in number to 1% of the total vote for governor in the preceding election.”
— Tex. Elec. Code § 142.002(b)(2) — 1 case
Cromer v. South Carolina, 917 F.2d 819 (4th Cir. 1990). “1990); Tex.Elec.Code Ann. §§ 142.002(b)(2), 142.”
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