Election Law Opinions

The Secretary of State is the chief election officer for the State of Texas. Section 31.004(a) of the Texas Election Code (the "Code") provides that, "The Secretary of State shall assist and advise all election authorities with regard to the application, operation, and interpretation of this code and of the election laws outside of this code." The Secretary of State will occasionally issue advice in the form of an official election law opinion. Generally, election law opinions are reserved for interpretations of election law that will have a significant impact on the election process. As a result of this provision and similar language contained in sections 31.001 and 31.003 of the Code, the Secretary of State responds to election-related requests from officials charged with election-related responsibilities. Individuals with duties of this nature include (but are not limited to):

Election Administrators; County Clerks; Voter Registrars; City Secretaries; Early Voting Clerks; City Councils; Mayors; School Boards; County Commissioners; and County Judges*.

The Elections Division invites these and any other officials, who deal with election law and policy, to contact our office for assistance with respect to the application and interpretation of the State's election laws.

The below Election Law Opinions were issued by the Elections Division from 1982 through present in answer to questions regarding election law matters.

*Please note that while election law opinions are generally in response to requests from election officials, the Secretary of State will in some instances issue an opinion on a matter of particular election importance whether the requestor is an election official or a member of the general public.

Secretary of State	Election Law Opinion	Year	Summary
Rolando B. Pablos	RP-1	2018	Voter-Initiated Voter Registration Challenges on Residency
John Steen	JS-1	2013	Process for Addressing Identical Joint Resolutions
Geoffrey S. Connor	GSC-1	2004	On matters relating to residency
Gwyn Shea	GS-1	2002	Accepting donations for temporary branch polling locations
Henry Cuellar, Ph.D. (Jan 2001 - Nov 2001)	HC-1	2001	"Instant runoff," "alternative voting," or "preferential voting."
Alberto R. Gonzales (Dec 1997 - Jan 1999)	ARG-1	1998	Cancellation of elections with single-member districts.
Antonio O. Garza Jr. (Jan 1995 - Dec 1997)	AOG-2	1997	Construction of Act of May 31, 1997, 75^th Leg., R.S., H.B. 298, § 8(a)-(b)
	AOG-1	1996	Various questions regarding cancellation of elections.
John Hannah Jr. (Jan 1991 - March 1994)	JH-4	1993	Application of the Texas Election Code to article 5154c-1, Vernon's Texas Civil Statutes
	JH-3	1992	Application of the Texas Election Code to article IV, section 6, of the Charter of the City of Austin.
	JH-2	1991	Whether a watcher may use a tape recorder or audiovisual camera to record information at a central counting station, and whether a counting station manager has authority to control the manner and method of poll watching.
	JH-1	1991	Whether cities may require write-in candidates to file declarations of write-in candidacy
George S. Bayoud Jr. (June 1989 - Jan 1991)	GSB-5	1990	Whether Section 51.079 of the Texas Local Government authorizes the holding of a non-binding referendum election if the city charter does not provide for such an election.
	GSB-4		Whether, by virtue of consolidation of elections held pursuant to Chapter 61 of the Texas Local Government Code, the entire City of Fair Oaks Ranch is included in the VIA Metropolitan Transit Authority.
	GSB-3	1990	Whether a political party's executive committee may make a nomination for an office appearing on the general election ballot if no one filed for the office in party's primary
	GSB-2	1990	Whether the City of Wylie legally held elections to increase its sales and use tax rate by ½% for the reduction of the property tax rate and to increase its sales and use tax rate by an additional ½% for dedication to local economic and industrial development.
	GSB-1	1990	Whether a public school may charge for expenses that are incurred from the use of the building as a polling place prior to and after normal business hours.
Jack M. Rains (Jan 1987 - June 1989)	JMR-1	1987	Local option election to legalize pari-mutuel wagering.
Myra A. McDaniel (Sept. 6, 1984 - Jan 26, 1987)	MAM-2	1984	Whether the working hours of an election clerk nominated by a political party may be limited, and whether a poll watcher may use a hand-held tape recorder in the polling place.
	MAM-1	1984	When may an election be held to fill a vacancy in the office of council-person in a home rule city in which council-persons have terms of more than two years.
John W. Fainter Jr. (Jan 1983 -July 1984)	JWF-36	1984	Whether a Water Control and Improvement District directors election held on a date other than that prescribed by statute is void; and, if so, whether a subsequent directors election held on the authorized date but at which no votes were cast resulted in the creation of vacancies in the directors' offices; and, if so, whether the originally appointed temporary directors may call a special election for August 11, 1984, to fill those vacancies, even though the temporary directors did not order an election within fifteen days of the creation of the vacancies.
	JWF-32	1984	Authority of a county to charge political parties for certain electronic voting equipment and services provided to political parties for use in party primary elections.
	JWF-31	1984	Regarding the determination of a majority of votes cast in an election.
	JWF-28	1984	Programming expenses for electronic tabulating equipment used in primary elections.
	JWF-27	1984	Absentee voting by a convicted felon whose conviction is pending appeal.
	JWF-24	1984	Disclosure for public inspection of voter registration files which contain a registrants' social security and telephone numbers.
	JWF-23	1984	Filling a vacancy in the office of county Chairman when there is no country executive Secretary.
	JWF-20	1983	House Bill 718, 68th Legislature (1983)
	JWF-19	1983	Authority of Dallas County to charge political parties for certain punch-card system related equipment and services to be provided by the county for use in party primaries.
	JWF-18	1983	Effective date of precinct boundary changes made by commissioners court and correction of voter registration records pursuant to such changes.
	JWF-17	1983	Form of the ballot in city charter elections.
	JWF-16	1983	Payments to precinct chairmen for attending meetings of the county executive committee.
	JWF-15	1983	Whether voter registration certificate should be sent to applicant's residence address or mailing address.
	JWF-14	1983	Place of filing Chapter 14 reports disclosing activity in a regional transportation authority confirmation election under Tex. Rev. Civ. Stat. Ann., art. 1118y.
	JWF-13	1983	Microfilming of voter registration applications and therefore destroying the original applications.
	JWF-12	1983	Interpretation of Tex. Elec. Code Ann, arts. 5.18a, subd. 2, 6.19a, § 2.
	JWF-11	1983	Authority of voter registrar to remove a registered voter's name from the voter registration rolls upon the voter's request.
	JWF-10	1983	Determining the validity of a petition calling for an election to reduce the tax rate of a taxing unit.
	JWF-9	1983	Magnetic tapes of voted punch card ballots
	JWF-8	1983	Filling a vacancy on the board of directors of a drainage district that elects its officers.
	JWF-7	1983	Use of funds received from the State Comptroller for new and cancelled voter registrations.
	JWF-5	1983	Whether a write-in candidate in an independent school district trustee election must file a declaration of write-in candidacy prior to the election.
	JWF-4	1983	Straight party voting with a mark-sense voting system.
	JWF-2	1983	Validity of a drawing for ballot position before the deadline for filing for a place on the ballot and requirements for an application for a place on the ballot in a municipal election.
	JWF-1	1983	An independent candidate's application for a place on the ballot in a home rule city.
David A. Dean (Oct 1981 - Jan 1983)	DAD-73	1983	Texas Election Code procedure(s) to follow when a voter's registration is challenged.
	DAD-69	1983	Designation of party affiliation in Special Election for U.S. House of Representatives.
	DAD-66	1982	Whether a local option liquor election may be held in the territory of a former justice precinct that has been consolidated into a larger justice precinct.
	DAD-65	1982	Whether a person who votes in the runoff primary election of one political party is ineligible to be the nominee of a different political party at the succeeding general election
	DAD-63	1982	Whether an election judge appointed by the Commissioners court must select at least one clerk from each list submitted by the county chairmen of the major political parties.
	DAD-62	1982	Filling vacancy in office and vacancy in nomination for the Office of State Senator.
	DAD-60	1982	Whether the branch offices established to conduct absentee voting may be designated to serve election precincts.
	DAD-59	1982	Concerning the interpretation of V.A.T.S. Election Code, art. 5.18d which governs change of name.
	DAD-58	1982	Local option status under the Bingo Enabling Act.
	DAD-57	1982	Selection of members of the State Executive Committee.
	DAD-56	1982	Whether variations in the manner of writing in a candidate's name or a misspelling of either a given or surname determines whether a write-in vote is counted.
	DAD-55	1982	Whether a municipality may combine county precincts for city elections.
	DAD-53	1982	Whether a minor party candidate whose nomination is certified after the deadline may have his name printed on the ballot for the November general election.
	DAD-52	1982	The permissibility and reportability of mailing voter registration applications to new residents of a legislative district.
	DAD-51	1982	Whether an ineligible candidate who ran in the general primary election and won may withdraw as the party's elected nominee and subsequently be appointed as the party's nominee if he meets all the eligibility requirements for candidates at the time of appointment.
	DAD-50	1982	Posting paper absentee ballots voted by mail on voting machines used for voting absentee in person.
	DAD-49	1982	Sufficiency of recitals in the application of a nonpartisan or independent candidate for a place on the general election ballot.
	DAD-48	1982	Delivery of sealed ballot container to the central counting station.
	DAD-47	1982	Whether affidavits of residency may be required of voters in Rural Fire Prevention District election and whether real property ownership requirements to vote in said election is constitutional.
	DAD-46	1982	Whether an individual who was ineligible to be a candidate by the filing deadline could nonetheless be eligible to run in the general primary if the factor causing his ineligibility is removed before the general primary.
	DAD-44	1982	Qualifications for running as an independent or party nominee at a general election to fill a vacancy.
	DAD-43	1982	When must a state convention delegate meet a political party's membership requirements.
	DAD-42	1982	Whether U.S. Justice Department preclearance on proposal to vote outside precinct boundaries preempts Texas Election Code.
	DAD-41	1982	County-wide bingo election and county-wide bond election being held jointly.
	DAD-40	1982	Whether a defeated primary candidate may file as a write-in candidate at the November General Election, and, if so, will the write-in candidate's name appear on the General Election ballot.
	DAD-39	1982	Who bears costs of counting and canvassing absentee ballots in primary election.
	DAD-38	1982	Whether a person on the list of returned voter registration certificates is a qualified voter for the purposes of signing a petition to have the names of new or minor party candidates printed on the general election ballot
	DAD-36	1982	Lost or destroyed copies of petition seeking a local option liquor election.
	DAD-35	1982	Construction of laws governing state district judge appointed to fill vacancy on Supreme Court, that individual's ability to remain on general election ballot as a candidate for state district judgeship and if elected when may that individual assume the duties of state district judge.
	DAD-34	1982	Impact of Fashing decision.
	DAD-32	1982	Term of initially appointed Election Administrator and grounds for his removal.
	DAD-31	1982	Authority of a Political Party Convention Credentials Committee.
	DAD-30	1982	Holding a referendum election on an unauthorized date.
	DAD-28	1982	Length of term for individual appointed by Governor to newly-created district court.
	DAD-27	1982	Construction of prohibition on voting by voting by "idiots and lunatics," as those terms as used in Article VI, § 1, Texas Constitution
	DAD-26	1982	Vacancy appointment and legality of a declared write-in candidacy, for the office of constable (unexpired term).
	DAD-25	1982	Whether a county chairman who is elected in the first primary takes office immediately or after the date of the runoff primary.
	DAD-24	1982	Political party's use of county facilities on the primary election day.
	DAD-23	1982	When may an election to fill a vacancy pursuant to Article 11, § 11 of the Texas Constitution be held when the constitutional deadline has passed
	DAD-22	1982	Constitutionality of Article 15.16a, Texas Election Code.
	DAD-21	1982	Responsibility of Secretary of State to render advisory opinions concerning Chapter 14 investigations, litigation, or prosecutions.
	DAD-20	1982	Persons eligible to sign independent candidate's application for a place on the ballot.
	DAD-19	1982	Whether Marshall Martin is eligible to be a candidate for State Senate, District 15.
	DAD-16	1982	Legality of Using Rural Route or Post Office Address, Rather Than Residence Address, on Petition Submitted Under Texas Alcoholic Beverage Code.
	DAD-15	1982	Information that may be placed on petition forms for independent candidates.
	DAD-11	1982	Filing fee paid with a check that was returned and marked "not sufficient funds."
	DAD-5	1982	Six Month Candidate Residency Requirement for Inhabitants of Newly-Annexed Municipal Territory.
	DAD-2	1981	Designation by place on ballot and method of filling certain judicial offices.
	DAD-1	1981	Ballot status of the Libertarian Party of Texas for the 1982 general election.