Procedures for Write-In Candidates in 2022
NOTE: Please note that information on this page is subject to change as a result of legislation or court order
In Texas, a candidate may run for office as a declared write-in in the general election for state and county officers. A declared write-in candidate must submit a Declaration of Write-in Candidacy and submit a filing fee or petition in lieu of filing fee in order for votes cast for that candidate to be counted in the election.
- Filing Period
- The Declaration of Write-in Candidacy along with the filing fee or nominating petition must be submitted no earlier than July 23, 2022, and no later than 5:00 p.m. on August 22, 2022. (Section 146.025, Texas Election Code).
- Candidate Application:
- In order to become a write-in candidate in the general election, a candidate must file a Declaration of Write-in Candidacy with the Secretary of State or your county judge, as appropriate (see chart). (Section 146.023, Texas Election Code).
- Filing Fee or Petition in Lieu of Filing Fee:
- The declaration must be accompanied by either a filing fee or a nominating petition signed by a certain number of registered voters of the territory from which the office sought is elected. For details on the filing fee amount or number of petition signatures needed, see chart below. (Sections 146.023(b), 146.0231, 146.0232, Texas Election Code).
A person who was a candidate for office in the primary election is ineligible for a place on the list of write-in candidates for that same office in the succeeding general election for state and county officers. (Section 162.015, Texas Election Code). See our FAQs on Party Affiliation and Candidacy for more details.
Public Office Sought in 2022 |
File Declaration of Write-in Candidacy with |
Filing Fee | Nominating Petition in Lieu of Filing Fee | ||
|---|---|---|---|---|---|
| Sec of State | County Judge | % Signatures a | Number of Signatures e | ||
| United States Representative | x | - | $3,125 | 2% | 500 |
| Governor | x | - | $3,750 | - | 5,000 |
| Lieutenant Governor | x | - | $3,750 | - | 5,000 |
| Attorney General | x | - | $3,750 | - | 5,000 |
| Comptroller of Public Accounts | x | - | $3,750 | - | 5,000 |
| Commissioner of General Land Office | x | - | $3,750 | - | 5,000 |
| Commissioner of Agriculture | x | - | $3,750 | - | 5,000 |
| Railroad Commissioner | x | - | $3,750 | - | 5,000 |
| Justice, Supreme Court | x | - | $3,750 | - | 5,000 |
| Judge, Court of Criminal Appeals | x | - | $3,750 | - | 5,000 |
| State Senator | x | - | $1,250 | 2% | 500 |
| State Representative | x | - | $750 | 2% | 500 |
| Member, State Board of Education | x | - | $300 | 2% | 500 |
| Chief Justice and Justice, Court of Appeals | x | - | $2,500 /$1,875c | 2% | 500 |
| District Judge | x | - | $2,500 /$1,500d | 2% | 500 |
| Criminal District Judge | x | - | $2,500 /$1,500d | 2% | 500 |
| Family District Judge | x | - | $2,500 /$1,500d | 2% | 500 |
| District Attorney | x | - | $1,250 | 2% | 500 |
| Criminal District Attorney | x | - | $1,250 | 2% | 500 |
| County Judge | - | x | $1,250 /$750b | 2% | 500 |
| Judge, County Court-at-Law | - | x | $2,500 /$1,500d | 2% | 500 |
| Judge, County Criminal Court | - | x | $2,500 /$1,500d | 2% | 500 |
| Judge, County Probate Court | - | x | $2,500 /$1,500d | 2% | 500 |
| County Attorney | - | x | $1,250 /$750b | 2% | 500 |
| Sheriff | - | x | $1,250 /$750b | 2% | 500 |
| Tax Assessor-Collector | - | x | $1,250 /$750b | 2% | 500 |
| District Clerk | - | x | $1,250 /$750b | 2% | 500 |
| County Clerk | - | x | $1,250 /$750b | 2% | 500 |
| District/County Clerk | - | x | $1,250 /$750b | 2% | 500 |
| County Treasurer | - | x | $1,250 /$750b | 2% | 500 |
| County Surveyor | - | x | $75 | 2% | 500 |
| County Commissioner | - | x | $1,250 /$750b | 2% | 500 |
| Justice of the Peace | - | x | $1,000 /$375b | 2% | 500 |
| Constable | - | x | $1,000 /$375b | 2% | 500 |
| Source: Texas Election Code Section | §146.024 | §146.023(b) § 146.0231 §172.024 | §146.023(b) §146.0232 §172.025 | ||
- Percentage of all votes for all gubernatorial candidates cast in the applicable territory in the 2018 general election. If number is less than 50, a larger percentage may be required. If number is less than 50, the required number of signatures is the lesser of (1) 50 or (2) 20% of all votes for all gubernatorial candidates cast in the applicable territory in the 2018 general election. (Sections 146.0232, 172.025, Texas Election Code).
- Pay higher fee if county has at least 200,000 inhabitants according to 2010 Census.
- Pay higher fee in Courts of Appeals Districts 1, 2, 3, 4, 5, and 14. (Sections 146.0231, 172.024(8), Texas Election Code).
- Pay higher fee in Bexar, Dallas, Harris and Tarrant Counties. (Sections 146.0231, 172.024(9)-(12), Texas Election Code).
- The minimum number of signatures that must appear on a candidate’s petition for statewide office is 5000. The minimum number of signatures that must appear on a candidate’s petition for district, county or precinct office is the lesser of (1) 500 or (2) 2% of the total vote received in the district, county or precinct, as applicable, by all gubernatorial candidates in the 2018 general election, subject to (a) above. (Section 172.025, Texas Election Code).
