(a)Submission of information.
(1)Submission of filed application. Pursuant to §§172.029,
172.117, and 172.122 of the Texas Election Code, for each general
primary election, all state and county chairs shall electronically
submit information about each candidate who files with the chair an
application for a place on the ballot, including an application for
the office of a political party, and shall certify the returns and
the final list of candidates by electronic affidavit through the electronic
submission service prescribed by SOS referenced in paragraph (2) of
this subsection.
(2)Method of submission. The chair shall submit candidate
information through an electronic submission service prescribed by
the SOS. The SOS shall maintain the submitted information in an online
database, in accordance with §172.029(b) of the Texas Election
Code. The SOS is not responsible for the accuracy of the information
submitted by the chair; the SOS is responsible only for providing
the electronic submission service, displaying the information publicly
on its website, and maintaining the online database.
(3)Information required for submission. The electronic
submission service will notate the types of information that must
be inputted for a complete submission of candidate information. However,
the chair must submit any and all information on the candidate's application
for which there is an applicable entry field on the electronic submission
service.
(4)Submission deadline. A chair shall submit a candidate's
information and a notation of each candidate's status not later than
24 hours after the chair completes the review of the candidate's application,
in accordance with §172.029 of the Texas Election Code. By not
later than the 8th day after the regular filing deadline, the chair
shall submit a candidate's information and a notation concerning the
candidate's status for all candidates who filed, in accordance with §172.029
of the Texas Election Code. The county chair will not be able to make
modifications to the submitted information or notations on or after
the 9th day after the regular filing deadline. If modifications to
a candidate's information or notation are required on or after the
9th day after the regular filing deadline, such changes must be made
by the state chair after notifying the SOS.
(5)Submission of nominee by executive committee. If
a candidate is nominated by the appropriate executive committee for
a place on the general election ballot in accordance with §145.036
or §202.006 of the Texas Election Code, the appropriate county chair
shall notify the state chair who shall submit the candidate's information
and notation through the electronic submission service prescribed
by the SOS, in accordance with §172.029 of the Texas Election
Code. The submission of the candidate's information and notation shall
be completed not later than 5 p.m. on the 71st day before general
election day to allow for the preparation of the general election
ballot by the authority printing the ballots.
(6)Time for notations. For candidates not updated
automatically after the canvass results are recorded in the electronic
submission service prescribed by the SOS, the [The]
county chair will be able to update notations to describe the status
of each candidate [beginning the first day] after the canvass
[day of the primary election]. If modification to
the notation is needed, the appropriate chair will update the candidate
information to reflect the candidate's status from the list of notations
available. The notations must be complete and accurate not later than
5 p.m. on the 71st day before general election day to allow for the
preparation of the general election ballot by the authority printing
the ballots.
(b)Notification of filing.
(1)County chair: delivery of candidate list. Upon
submission of information for all candidates who filed and whose applications
have been reviewed and accepted for a place on the ballot, the county
chair shall notify the applicable county election officer that candidate
information has been submitted for all candidates, in accordance with §172.029
of the Texas Election Code. Notification may be sent by email, regular
mail, or personal delivery, so long as it is delivered by no later
than the 9th day after the regular filing deadline.
(2)State chair: notification of submission. Upon submission
of information for all candidates who filed and whose applications
have been reviewed and accepted for a place on the ballot, the state
chair shall notify the applicable county chairs that candidate information
has been submitted for all candidates, in accordance with §172.028
and §172.029 of the Texas Election Code. Notification may be
sent by email, regular mail, or personal delivery, so long as it is
delivered by no later than the ninth day after the regular filing
deadline.
(3)Extended Filing Notification. Pursuant
to §172.055 of the Texas Election Code, the applicable filing
authority shall provide the necessary extended filing notifications,
including sending the notice to post on he county's website or the
Secretary of State's website, as applicable. Pursuant to §172.056(b)
of the Texas Election Code, for races in which the state chair
is the filing authority, the state chair shall notify
the applicable county chairs and the applicable
county election officers[, or the state chair, as applicable,
] that a candidate filed an application that complied with the
applicable requirements during the extended filing period, and
the candidate information has been submitted in accordance with §172.029
of the Texas Election Code. For races in which the county chair is
the filing authority, the county chair shall notify the applicable
state chair and the applicable county election officer that a candidate
filed an application that complied with the applicable requirements
during the extended filing period, and the candidate information has
been submitted in accordance with §172.029 of the Texas Election
Code. Notification shall be made by email, regular mail, or
personal delivery.
(4)Court order. If a court orders a candidate's name
to be placed on the ballot or removed from the ballot, the chair shall
immediately notify the state chair.
(c)Public display and failure to submit.
(1)Public display of information. The SOS will publicly
display on its website a limited portion of the information submitted
by the chair. For candidates for public office, the SOS will publicly
display, via its website, the candidate's name, any public mailing
address and any electronic mail address at which the candidate receives
correspondence relating to the candidate's campaign provided by the
candidate pursuant to §141.031(a)(4)(M) of the Texas Election
Code, and office sought, along with the office's corresponding precinct,
district or place. For candidates for the office of a political party,
the website will publicly display the name of the chair and, if applicable,
the corresponding numeric identifier.
(2)Failure to submit information. If a county chair
fails to electronically submit candidate information for all candidates
who filed and whose applications have been reviewed and accepted for
a place on the ballot, the chair is directly responsible for delivering
a certified list of all candidates to the state chair to comply with
the electronic submission requirements of §172.029 of the Texas
Election Code on behalf of the county chair.
(d)County executive committee. In
the case of a vacancy on a county executive committee, the county
chair shall submit the replacement member's name through the electronic
submission service prescribed by the SOS pursuant to §171.024
of the Texas Election Code.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on October 28, 2019
TRD-201904003 Adam Bitter
General Counsel
Office of the Secretary of State
Earliest possible date of adoption: December 8, 2019
For further information, please call: (512) 463-5650
|
