Texas Codes

Tex. Elec. Code § 161.008 (2026)

Certification Of Nominees For Statewide And District Offices For Placement On General Election Ballot

✓ current as of May 2026

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Sec. 161.008. CERTIFICATION OF NOMINEES FOR STATEWIDE AND DISTRICT OFFICES FOR PLACEMENT ON GENERAL ELECTION BALLOT. (a) Except as provided by Subsection (c), the secretary of state shall certify in writing for placement on the general election ballot the name of each candidate nominated at a primary election or convention of a political party for a statewide or district office.

(b) Not later than the 68th day before general election day, the secretary of state shall deliver the certification to the authority responsible for having the official general election ballot prepared in each county in which the candidate's name is to appear on the ballot. The secretary of state may deliver the certification by notifying the authority that the candidates posted on the secretary of state's Internet website are the candidates certified. In addition to the other methods of delivering the certification under this section, the secretary of state shall deliver a copy of the certification to the authority by e-mail.

(c) A candidate's name may not be certified if, before delivering the certification, the secretary of state learns that the name is to be omitted from the ballot under Section 145.035.

(d) In conjunction with the certification required under Subsection (a), the secretary of state shall include appropriate ballot translation language, as applicable, for each language certified statewide or in a specific county by the director of the census under 42 U.S.C. Section 1973aa-1a.

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

Amended by:

Acts 2005, 79th Leg., Ch. 1109 (H.B. 2339), Sec. 20, eff. September 1, 2005.

Acts 2011, 82nd Leg., R.S., Ch. 1014 (H.B. 2477), Sec. 2, eff. September 1, 2011.

Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 28, eff. September 1, 2011.

Acts 2019, 86th Leg., R.S., Ch. 1131 (H.B. 2640), Sec. 2, eff. September 1, 2019.

Notes of Decisions

Cited in 8 cases, 1988–2020 · leading case: Davis v. Taylor, 930 S.W.2d 581 (Tex. 1996).

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Davis v. Taylor, 930 S.W.2d 581 (Tex. 1996). · cites it 2× “" TEX. ELEC.CODE § 161.008(a). It is not necessary for us to decide that issue today.”

Texas Democratic Exec. Comm. v. Rains, 756 S.W.2d 306 (Tex. 1988). · cites it 2× “4, § 21; TEX.ELEC.CODE §§ 161.008, 202.002, 202.006 (1986).”

Bird v. Rothstein, 930 S.W.2d 586 (Tex. 1996). · cites it 2× “TEX. ELEC.CODE § 161.008. But the missed deadline was not the Secretary of State's deadline; it was September 6, the deadline applicable to party officials such as Rothstein under section 145.”

Terrazas v. Slagle, 821 F. Supp. 1154 (W.D. Tex. 1992). “Primary elections for offices chosen by the electorate in separate geographical districts obviously make no sense unless the districts are the same for the ensuing general election as for the primary, and we must presume that this is the intendment of the Texas law. We agree…”

Ruth R. Hughs, in Her Off. Capacity as Sec'y of State of the State of Texas v. Neal Dikeman, Shawn Kelly, Roy, Eriksen, Jared Wissel, Scott Ford, Billy Pierce, Christina Ford, Charlie Stevens, & Neko Antoniou (Tex. App. 2020). “Tex. Elec. Code Ann. § 161.008 (a) (emphasis added); see also id.”

— Tex. Elec. Code § 161.008(a) — 1 case

Davis v. Taylor, 930 S.W.2d 581 (Tex. 1996). “" TEX. ELEC.CODE § 161.008(a). It is not necessary for us to decide that issue today.”

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