Sec. 181.006. PETITION SUPPLEMENTING PRECINCT CONVENTION LISTS. (a) If the number of precinct convention participants indicated on the lists filed under Section 181.005 is fewer than the number required for the political party to qualify to have the names of its nominees placed on the ballot, the party may qualify by filing a petition as provided by this section.
(b) A petition must:
(1) satisfy the requirements prescribed by Section 141.062 for a candidate's petition;
(2) contain signatures in a number that, when added to the number of convention participants indicated on the lists, equals at least one percent of the total number of votes received by all candidates for governor in the most recent gubernatorial general election; and
(3) be filed with the secretary of state by the state chair before the deadline for filing the lists of precinct convention participants.
(c) Except as provided by this section, the petition is subject to the applicable provisions of Subchapter C, Chapter 141.
(d) A signer's voter registration is not required to be in any particular territory.
(e) A copy of a request for the withdrawal of a signature must be delivered to the state chair at the time the withdrawal request is filed.
(f) The following statement must appear at the top of each page of the petition: "I know that the purpose of this petition is to entitle the _______ Party to have its nominees placed on the ballot in the general election for state and county officers. I have not voted in a primary election or participated in a convention of another party during this voting year, and I understand that I become ineligible to do so by signing this petition. I understand that signing more than one petition to entitle a party to have its nominees placed on the general election ballot in the same election is prohibited."
(g) A person who has voted in a primary election or participated in a convention of another party during the voting year in which the petition is circulated is ineligible to sign the petition, and the signature of such a person is invalid.
(h) A signature is invalid if the person signed the petition subsequent to signing a petition to qualify another political party to have the names of its nominees placed on the ballot for the same election, whether the other party is circulating the petition under this chapter or under Chapter 182.
(i) On signing the petition, the person becomes ineligible to affiliate with another party during the voting year in which the petition is signed.
(j) The petition may not be circulated until after the date of the party's precinct conventions held under this chapter. A signature obtained on or before that date is invalid.
(k) The secretary of state shall post a notice of the receipt of a petition on the secretary of state's Internet website and may post the notice on a bulletin board used for posting notice of meetings of state governmental bodies. Any person may challenge the validity of the petition by filing a written statement of the challenge with the secretary of state not later than the fifth day after the date notice is posted. The secretary of state may verify the petition signatures regardless of whether the petition is timely challenged.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1997, 75th Leg., ch. 864, Sec. 189, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1349, Sec. 64, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1052 (H.B. 933), Sec. 13, eff. September 1, 2019.
Notes of Decisions
Cited in
6
cases (
2 in the last 5 years), 1988–2022 · leading case:
Pilcher v. Rains, 683 F. Supp. 1130 (W.D. Tex. 1988).
Pilcher v. Rains, 683 F. Supp. 1130 (W.D. Tex. 1988).
· cites it 4× “-006(b)(1), to the extent that said election statutes would require Plaintiffs or any other political party to include the voter registration number of a signer on petitions required by Texas Election Code Section 181.006 for the recognition of a new political party in the State…”
Atkinson v. Carter, 785 S.W.2d 449 (Tex. App. 1990).
“Tex.Elec.Code Ann. § 181.006(b)(2) (Vernon 1986).”
Shipley v. Harris Cnty. Democratic Exec. Comm., 795 S.W.2d 766 (Tex. App. 1990).
“In order to have its nominees placed on the ballot, Tex.Elec.Code Ann. § 181.006(b)(2) (Vernon 1986) required the Libertarian party to collect a number of signatures of registered voters equal to one percent of the total votes cast in the last gubernatorial election.”
Miller v. Doe (W.D. Tex. 2019).
· cites it 2× “See Tex. Elec. Code §§ 181.006(a),(b). A voter may not sign the petition if she voted in the primary election, which Plaintiffs characterize as placing Minor Parties at a disadvantage by giving Major Parties a “first, exclusive right to solicit voters’ support, at a time when…”
Miller v. Doe (W.D. Tex. 2022).
“See Tex. Elec. Code §§ 181.006(a),(b). A voter may not sign a nomination petition until after the primary election, a provision often referred to as a primary screenout.”
Miller v. Doe (W.D. Tex. 2022).
“See Tex. Elec. Code §§ 181.006(a),(b). A voter may not sign a nomination petition until after the primary election, a provision often referred to as a primary screenout.”
— Tex. Elec. Code § 181.006(a) — 3 cases
Miller v. Doe (W.D. Tex. 2019).
“See Tex. Elec. Code §§ 181.006(a),(b). A voter may not sign the petition if she voted in the primary election, which Plaintiffs characterize as placing Minor Parties at a disadvantage by giving Major Parties a “first, exclusive right to solicit voters’ support, at a time when…”
Miller v. Doe (W.D. Tex. 2022).
“See Tex. Elec. Code §§ 181.006(a),(b). A voter may not sign a nomination petition until after the primary election, a provision often referred to as a primary screenout.”
Miller v. Doe (W.D. Tex. 2022).
“See Tex. Elec. Code §§ 181.006(a),(b). A voter may not sign a nomination petition until after the primary election, a provision often referred to as a primary screenout.”
— Tex. Elec. Code § 181.006(b)(1) — 1 case
Pilcher v. Rains, 683 F. Supp. 1130 (W.D. Tex. 1988).
“-006(b)(1), to the extent that said election statutes would require Plaintiffs or any other political party to include the voter registration number of a signer on petitions required by Texas Election Code Section 181.006 for the recognition of a new political party in the State…”
— Tex. Elec. Code § 181.006(b)(2) — 3 cases
Pilcher v. Rains, 683 F. Supp. 1130 (W.D. Tex. 1988).
“-006(b)(1), to the extent that said election statutes would require Plaintiffs or any other political party to include the voter registration number of a signer on petitions required by Texas Election Code Section 181.006 for the recognition of a new political party in the State…”
Atkinson v. Carter, 785 S.W.2d 449 (Tex. App. 1990).
“Tex.Elec.Code Ann. § 181.006(b)(2) (Vernon 1986).”
Shipley v. Harris Cnty. Democratic Exec. Comm., 795 S.W.2d 766 (Tex. App. 1990).
“In order to have its nominees placed on the ballot, Tex.Elec.Code Ann. § 181.006(b)(2) (Vernon 1986) required the Libertarian party to collect a number of signatures of registered voters equal to one percent of the total votes cast in the last gubernatorial election.”
— Tex. Elec. Code § 181.006(g) — 1 case
Miller v. Doe (W.D. Tex. 2019).
“See Tex. Elec. Code §§ 181.006(a),(b). A voter may not sign the petition if she voted in the primary election, which Plaintiffs characterize as placing Minor Parties at a disadvantage by giving Major Parties a “first, exclusive right to solicit voters’ support, at a time when…”
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