The Office of Secretary of State issues the following clarifications and adjustments to election procedures and deadlines pursuant to Act of May 31, 2011, 82nd Leg., R.S., Chapter 1318, §50. The changes are effective upon preclearance by the United States Department of Justice of Senate Bill 100 under the Voting Rights Act.
- (1) Notwithstanding any requirement under general or special law that the general election of a political subdivision shall be held on the May uniform election date in even-numbered years, §41.0052(a), Texas Election Code, authorizes the governing body of all political subdivisions holding general elections on the May uniform election date in even-numbered years to order a change in the date of the general election to another uniform election date under §41.001(a) of the Code as necessary to provide access to county election equipment and services.
- (2) The primary withdrawal deadline for the 2012 election year is the 79th day before the general primary election day. The primary withdrawal deadline enacted in §34 of House Bill 2817, Chapter 1164, 82nd Legislature, 2011, directly conflicts with the deadline enacted in §35 of Senate Bill 100, Chapter 1318, 82nd Legislature, 2011. Per §49 of Senate Bill 100, provisions contained in Senate Bill 100 enacted at the same session prevail to the extent of any conflict.
- (3) Notwithstanding §§202.004(a)(2), 202.004(b), and 202.004(c), Texas Election Code, if a vacancy in an office of the state or county government occurs on or before the 5th day before the date of the regular primary filing deadline, the filing deadline for a place on the general primary ballot for the office is 6:00 p.m. of the 5th day after the regular primary filing deadline.
- (4) Notwithstanding §§172.054(b), 172.057 and 172.058, Texas Election Code, the extended filing deadline for a place on the general primary ballot is 6:00 p.m. of the 5th day after the regular primary filing deadline. Notwithstanding §172.054(a), the date by which a candidate death, withdrawal, or declaration of ineligibility must have occurred to trigger the extended filing deadline under §172.054(b) is the 1st day after the regular primary filing deadline.
Source Note:The provisions of this §81.420 adopted to be effective September 29, 2011, 36 TexReg 6253.