Election Advisory No. 2024-26
| To: | County Elections Officers (County Clerks/Elections Administrators/Tax Assessors- Collectors) |
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| From: | Christina Worrell Adkins, Director of Elections |
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| Date: | August 29, 2024 | |
| RE: | Additional Instructions for Preparation of Ballot for Write-In Candidates, Independent Candidates, and Legend Printing Instructions | |
Instructions Specific to the Preparation of the Ballot – Write-In Candidates and Independents
Write-in Candidates
Section 52.068(a) of the Election Code states that if no candidate’s name is to appear on the ballot for an office and there is no declared write-in candidate for that office, the office title does not need to be printed on the ballot.
Section 124.0621 of the Election Code states that for counties using an optical/digital scan ballot, blank write-in lines must be provided on the ballot only for offices where a declared write-in candidate has been certified. You may include the language “write-in (voto escrito)” under the write- in line on your ballot to describe the purpose of the line. For counties using a DRE or ballot marking device, a blank write-in line needs to appear on the ballot page under the race title following the candidates’ names that are printed on the ballot. You will need to post special instructions on how the voter is to vote for a write-in candidate on the DRE or ballot marking device.
Do not print a write-in square for each race printed on the ballot; only races with declared write-in candidates should have a square. When you prepare the List of Declared Write-in Candidates, do not include candidates running for any district offices that are not included in your county. This list must be posted in each voting booth, on the wall where voters may be standing in line, and included with each mail ballot.
The Election Code does not provide direction as to how to list multiple write-in candidates for the same office on the List of Declared Write-in Candidates. If there are two or more declared write-in candidates in any one race, the Secretary of State recommends that you list them in alphabetical order or conduct a ballot drawing pursuant to Section 52.094(a) & (c) of the Election Code. The List of Declared Write-In Candidates should list only those candidates running for offices for which the voter is eligible to vote. For example, if your county has a declared write-in candidate for County Commissioner, Precinct 2, that candidate's name should appear only on the list posted in the voting precincts contained in that commissioner’s precinct. If your county participates in the Countywide Polling Place Program, you must post all declared write-in candidates’ names in every voting booth that is deployed to polling places throughout the county.
The List of Declared Write-in Candidates must be mailed with the official balloting materials to all voters who vote by mail and must be posted in each voting station during early voting and on Election Day.
FORM: List of Declared Write-in Candidates (PDF)
Independent Candidates
Independent candidates will be listed on the ballot just as party affiliated candidates are listed. In accordance with Section 52.094(a) of the Election Code, if there is more than one independent candidate for an office, there will need to be a ballot drawing only for those independent candidates. The ballot drawing will determine the order of names of the independent candidates within the candidate listing for that office. This ballot drawing does not affect the listing of other candidates in the race.
Printing Legend Instructions
If you abbreviate the party names on the ballot, you must also print a legend containing the explanation for each party. We suggest that you print the party legend at the bottom of the ballot or in the instruction box. For those of you who use voting equipment that will not allow you to place the party legend on the ballot, we direct you to place the legend in each voting booth. You may combine the party legend with the List of Declared Write-In Candidates. See example below:
List of Declared Write-In Candidates
Name of Candidate Office Sought
Name United States Representative
Legend of Party Affillation or Independent Printed on Ballot
Republican=Rep
Democratic =Dem
Libertarian=Lib
Green=Grn
Independent=Ind
Changes in Law Made by Senate Bill 1089
As a reminder, Senate Bill 1089 (88th Leg., R.S., 2023) repealed Section 2.056 of the Election Code and consequently eliminated the ability of the Secretary of State and county election officers to declare unopposed candidates for county, district, and statewide offices elected and to cancel the elections for the unopposed offices. Therefore, unopposed candidates will appear on the ballot and must receive at least one vote to be elected to office.
NOTE: This bill did not change the mandatory cancellation of an election for local political subdivisions (cities, schools, and other local government districts) under Section 2.051 of the Election Code.
Separate Listing of Unopposed Candidates for Electronic Voting Systems
For counties using electronic voting systems, you have the authority to group your unopposed races and bloc vote them, per Section 124.003 of the Election Code. Specifically, any unopposed candidates may be listed separately under the heading “Uncontested Races” on a voting system ballot. In an election in which the ballots indicated political party alignment, such as the general election for state and county officers, the party alignment of the candidates listed under the uncontested races heading shall be indicated next to the candidate’s name. Additionally, candidates listed under the uncontested races heading may be arranged in a manner requiring voting on them as one or more blocs, but only if an additional ballot would otherwise be necessary to accommodate all the candidates and propositions to be listed.
Straight-Party Voting Repealed
As a reminder, House Bill 25, passed during the 85th Legislative Session, repealed straight-party voting effective September 1, 2020 (Section 64.004, Election Code). As a result of this change in law, straight-party voting should not be included as an option on your ballot.
If you have any questions regarding this Advisory or the information enclosed, please call the Elections Division toll-free at 1-800-252-2216 or email elections@sos.texas.gov.
CA:HM
