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 Apr. 29, 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

Accessed:
Apr. 29, 2024

§ 172.058’s source at texas​.gov