Tex. Codes » Election Code · TITLE 11. PRESIDENTIAL ELECTIONS · CHAPTER 192. PRESIDENTIAL ELECTORS AND CANDIDATES
Texas Codes

Tex. Elec. Code § 192.032 (2026)

Independent Candidate's Entitlement To Place On Ballot

✓ current as of May 2026
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Sec. 192.032. INDEPENDENT CANDIDATE'S ENTITLEMENT TO PLACE ON BALLOT. (a) To be entitled to a place on the general election ballot, an independent candidate for president of the United States must make an application for a place on the ballot.

(b) An application must:

(1) comply with Section 141.031, except that:

(A) the application is not required to include a candidate's occupation, length of residence, or statement that the candidate is aware of the nepotism law; and

(B) the application must contain the applicable information required by Section 141.031(a)(4) with respect to both the presidential candidate and the running mate;

(2) state the names and residence addresses of presidential elector candidates in a number equal to the number of presidential electors that federal law allocates to the state; and

(3) be accompanied by:

(A) a petition that satisfies the requirements prescribed by Section 141.062; and

(B) written statements signed by the vice-presidential candidate and each of the presidential elector candidates indicating that each of them consents to be a candidate.

(c) The application must be filed with the secretary of state not later than the second Monday in May of the presidential election year.

(d) The minimum number of signatures that must appear on the petition is one percent of the total vote received in the state by all candidates for president in the most recent presidential general election.

(e) A petition signer's voter registration is not required to be in any particular territory.

(f) The following statement must appear at the top of each page of the petition: "I did not vote this year in a presidential primary election."

(g) A signature on the petition is invalid if the signer:

(1) signs the petition on or before the date of the presidential primary election in the presidential election year; or

(2) voted in a presidential primary election during the presidential election year.

(h) A candidate in a presidential primary election is ineligible to be an independent candidate for president or vice-president of the United States in the succeeding general election.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 27, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 427, Sec. 7, eff. Sept. 1, 1987.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 614 (H.B. 417), Sec. 32, eff. September 1, 2007.

Notes of Decisions
Cited in 7 cases, 2004–2020 · leading case: Nader v. Connor, 332 F. Supp. 2d 982 (W.D. Tex. 2004).
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Nader v. Connor, 332 F. Supp. 2d 982 (W.D. Tex. 2004). · cites it 2× “In the alternative, Nader seeks this Court's order allowing him until May 24, 2004, to gather additional petition signatures in order to meet the signature number requirement of independent presidential candidates, see Tex. Elec.Code Ann. § 192.032, or the lesser number of…”
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). · cites it 2× “See Tex. Elec. Code Ann. § 192.032 (d). In 2004, this number was approximately 64,000.”
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). · cites it 2× “See Tex. Elec. Code Ann. § 192.032 (d). In 2004, this number was approximately 64,000.”
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). · cites it 2× “See Tex. Elec. Code Ann. § 192.032 (d). In 2004, this number was approximately 64,000.”
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). · cites it 2× “See Tex. Elec. Code Ann. § 192.032 (d). In 2004, this number was approximately 64,000.”
Kennedy v. Cascos, 214 F. Supp. 3d 559 (W.D. Tex. 2016). “Tex. Elec. Code § 192.032. In order to be valid, the signatures must be obtained after the Texas presidential primaries conclude and submitted before the second Monday in May, approximately six months before the general election in early November.”
Miller v. Doe (W.D. Tex. 2019). “See Tex. Elec. Code §§ 192.032(a), (b), (d). Plaintiffs allege that translates to 89,692 valid signatures for 2020.”
— Tex. Elec. Code § 192.032(a) — 2 cases
Nader v. Connor, 332 F. Supp. 2d 982 (W.D. Tex. 2004). “In the alternative, Nader seeks this Court's order allowing him until May 24, 2004, to gather additional petition signatures in order to meet the signature number requirement of independent presidential candidates, see Tex. Elec.Code Ann. § 192.032, or the lesser number of…”
Miller v. Doe (W.D. Tex. 2019). “See Tex. Elec. Code §§ 192.032(a), (b), (d). Plaintiffs allege that translates to 89,692 valid signatures for 2020.”
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