Tex. Election Code Section 145.005
Effect of Votes Cast for Deceased, Withdrawn, or Ineligible Candidate

(a)

If the name of a deceased, withdrawn, or ineligible candidate appears on the ballot under this chapter, the votes cast for the candidate shall be counted and entered on the official election returns in the same manner as for the other candidates.

(b)

If the deceased, withdrawn, or ineligible candidate receives the vote required for election, the resulting vacancy shall be filled in the regular manner.

(c)

If the deceased, withdrawn, or ineligible candidate and another candidate tie for the most votes in an election in which a plurality vote is sufficient for election, the other candidate is considered to be elected. If more than one other candidate is tied with the deceased, withdrawn, or ineligible candidate, the winner of the election shall be determined by resolving the tie between the other candidates in the regular manner for resolving a tie vote in the election.

(d)

In a race in which a runoff is required, if the deceased, withdrawn, or ineligible candidate received the vote that would entitle the candidate to a place on the runoff election ballot or tied for that number of votes, the candidates in the runoff shall be determined in the regular manner but without regard to the votes received by the deceased, withdrawn, or ineligible candidate.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1997, 75th Leg., ch. 864, Sec. 99, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2817), Sec. 30, eff. September 1, 2011.

Source: Section 145.005 — Effect of Votes Cast for Deceased, Withdrawn, or Ineligible Candidate, https://statutes.­capitol.­texas.­gov/Docs/EL/htm/EL.­145.­htm#145.­005 (accessed Apr. 29, 2024).

145.001
Method for Withdrawal as Candidate 145.002
Procedure for Omitting Deceased Candidate’s Name from Ballot 145.003
Administrative Declaration of Ineligibility 145.004
Final Judgment Required for Adjudication of Ineligibility 145.005
Effect of Votes Cast for Deceased, Withdrawn, or Ineligible Candidate 145.031
Applicability of Subchapter 145.032
Deadline for Withdrawal 145.033
Authority with Whom Withdrawal Request Filed 145.034
Copy of Withdrawal Request Delivered to Executive Committee 145.035
Withdrawn, Deceased, or Ineligible Candidate’s Name Omitted from Ballot 145.036
Filling Vacancy in Nomination 145.037
Certification of Replacement Nominee for Placement on Ballot 145.038
Failure of District Executive Committee to Make Replacement Nomination 145.039
Deceased or Ineligible Candidate’s Name to Appear on General Election Ballot 145.061
Applicability of Subchapter 145.062
Deadline for Withdrawal 145.063
Authority with Whom Withdrawal Request Filed 145.064
Withdrawn, Deceased, or Ineligible Candidate’s Name Omitted from Ballot 145.065
Deceased or Ineligible Candidate’s Name to Appear on General Election Ballot 145.091
Applicability of Subchapter 145.092
Deadline for Withdrawal 145.093
Authority with Whom Withdrawal Request Filed 145.094
Withdrawn, Deceased, or Ineligible Candidate’s Name Omitted from Ballot 145.095
Effect of Withdrawal from Runoff 145.096
Deceased or Ineligible Candidate’s Name to Appear on Ballot 145.097
Home-rule City Candidate 145.098
Withdrawal or Death of Candidate Before Certain Events Occur
Green check means up to date. Up to date

Accessed:
Apr. 29, 2024

§ 145.005’s source at texas​.gov