Tex. Codes » Election Code · TITLE 10. POLITICAL PARTIES · SUBTITLE B. PARTIES NOMINATING BY PRIMARY ELECTION · CHAPTER 172. PRIMARY ELECTIONS
Texas Codes

Tex. Elec. Code § 172.001 (2026)

Nominating By Primary Election Required

✓ current as of May 2026
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Sec. 172.001. NOMINATING BY PRIMARY ELECTION REQUIRED. Except as otherwise provided by this code, a political party's nominees in the general election for offices of state and county government and the United States Congress must be nominated by primary election, held as provided by this code, if the party's nominee for governor in the most recent gubernatorial general election received 20 percent or more of the total number of votes received by all candidates for governor in the election.

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

Notes of Decisions
Cited in 7 cases (4 in the last 5 years), 2001–2024 · leading case: Perry v. Del Rio, 67 S.W.3d 85 (Tex. 2001).
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Perry v. Del Rio, 67 S.W.3d 85 (Tex. 2001). · cites it 2× “V, § 3, so that the Legislature could now provide for direct appeals without a specific constitutional grant of authority.”
Bilyeu v. Esparza (W.D. Tex. 2022). · cites it 2× “Tex. Elec. Code §§ 172.001–02; 181.002–03.”
in Re Wendy Davis, Chrysta Castañeda, & Mary Jennings (M.J.) Hegar (Tex. App. 2020). “See Tex. Elec. Code § 172.001. Political parties that are new or did not receive at least 2 percent of the total vote cast for governor in the preceding election (“minor parties”), including the Green Party, must nominate their candidates by convention.”
Miller v. Doe (W.D. Tex. 2019). “See Tex. Elec. Code § 172.001. Since 1900, only the Democratic Party and Republican Party have qualified as Major Parties under Section 172.”
Miller v. Doe (W.D. Tex. 2022). “See Tex. Elec. Code § 172.001. Since 1900, only the Democratic Party and Republican Party have qualified as Major Parties under Section 172.”
Miller v. Doe (W.D. Tex. 2022). “See Tex. Elec. Code § 172.001. Since 1900, only the Democratic Party and Republican Party have qualified as Major Parties under Section 172.”
Bilyeu v. Esparza (W.D. Tex. 2024). “See Tex. Elec. Code § 172.001. For the last century, only the Democratic Party and Republican Party have qualified as “primary parties.”
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