Tex. Election Code Section 172.058
Deceased or Ineligible Candidate’s Name to Appear on General Primary Ballot

(a)

If a candidate who has made an application for a place on the general primary election ballot that complies with the applicable requirements dies or is declared ineligible after the first day after the date of the regular filing deadline, the candidate’s name shall be placed on the ballot and 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 or ineligible candidate receives the vote required for nomination, the appropriate executive committee may select the nominee and certify the nominee’s name for placement on the general election ballot as provided by Subchapter B (Applicability of Subchapter), Chapter 145 (Withdrawal, Death and Ineligibility of Candidate), for filling a vacancy in a nomination.

(c)

In a race in which a runoff is required, if the deceased or ineligible candidate received the vote that would entitle the candidate to a place on the runoff primary 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 or ineligible candidate.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 16, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 54, Sec. 24(a), (b), eff. Sept. 1, 1987; Acts 1997, 75th Leg., ch. 864, Sec. 134, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 35, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 589 (S.B. 904), Sec. 6, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1178 (S.B. 910), Sec. 17, eff. September 1, 2013.

Source: Section 172.058 — Deceased or Ineligible Candidate's Name to Appear on General Primary Ballot, https://statutes.­capitol.­texas.­gov/Docs/EL/htm/EL.­172.­htm#172.­058 (accessed Jun. 5, 2024).

172.001
Nominating by Primary Election Required 172.002
Nominating by Primary Election Authorized 172.003
Majority Vote Required 172.004
Runoff Primary 172.021
Application Required 172.022
Authority with Whom Application Filed 172.023
Regular Filing Period 172.024
Filing Fee 172.025
Number of Petition Signatures Required 172.026
Restriction on Petition Signer 172.027
Statement on Petition 172.028
State Chair’s Certification of Names for Placement on General Primary Ballot 172.029
Submission and Compilation of Information Pertaining to Candidates 172.051
Withdrawal, Death, or Ineligibility Generally 172.052
Withdrawal from General Primary 172.053
Administrative Declaration of Ineligibility After Polls Close 172.054
Extended Filing Deadline 172.055
Public Notice of Extended Filing 172.056
Supplemental List of Candidates 172.057
Withdrawn, Deceased, or Ineligible Candidate’s Name Omitted from General Primary Ballot 172.058
Deceased or Ineligible Candidate’s Name to Appear on General Primary Ballot 172.059
Withdrawal from Runoff Primary 172.060
Deceased or Ineligible Candidate’s Name to Appear on Runoff Primary Ballot 172.061
Candidate for Party Office 172.081
Primary Committee 172.082
Order of Names on General Primary Ballot: Regular Drawing 172.083
Review and Approval of Ballot by Primary Committee 172.084
Order of Names on Runoff Primary Ballot 172.085
Name of Party on Ballot 172.086
Pledge on Ballot 172.087
Referendum Ordered by State Executive Committee 172.088
Voter Petition for Referendum 172.089
Order of Party Offices on Ballot 172.090
Separate Ballot for Office of Precinct Chair 172.111
Conduct of Primary Election Generally 172.112
Write-in Voting 172.113
Unofficial Tabulation of Precinct Results 172.114
Disposition of Poll List 172.115
Disposition of List of Registered Voters 172.116
Local Canvass Relating to Candidates Who Filed an Application for a Place on the Ballot in Accordance with the General Requirements 172.117
Certification of Nominees Who Filed an Application for a Place on the Ballot in Accordance with the General Requirements for County and Precinct Offices for Placement on General Election Ballot 172.118
Notice of Persons Elected as Party Officers 172.120
State Canvass Relating to Candidates Who Filed an Application for a Place on the Ballot in Accordance with the General Requirements 172.121
Certification of Candidates for Statewide and District Offices for Placement on Runoff Ballot 172.122
Certification of Nominees Who Filed an Application for a Place on the Ballot in Accordance with the General Requirements for Statewide and District Offices to Secretary of State 172.123
Entering Primary Results in Election Register 172.124
Reporting Precinct Results to Secretary of State Relating to Candidates Who Filed an Application for a Place on the Ballot in Accordance with the General Requirements 172.125
Additional Procedure for Accepting Voters in Runoff 172.126
Joint Primaries Authorized 172.127
Content of Sign Used to Identify Polling Place Location 172.128
Alternative Primary Procedure for Counties Without County Party Leadership 172.129
Statements Made by Election Officer When Primaries Conducted at Same Location 172.130
Action by State Chair to Meet Deadlines for Conduct of Primary 172.0221
Notice to Candidate Regarding Posting of Certain Information 172.0222
Review of Application 172.0223
Limitation on Challenge of Application 172.1111
Posting Notice of Conventions Required 172.1112
Notice of Election 172.1113
County Chair Permitted in Polling Place 172.1114
Distribution of Notice of Conventions 172.1141
List of Registered Voters for Convention
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 172.058’s source at texas​.gov