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Elections and Voter Information

Voter Information

Election Advisory No. 2012-05

2012 Primary Election Calendar

Note: This is the calendar used primarily for the 2012 primary elections. For deadlines affecting all candidates, refer to our online 2012 Candidates’ Guide Important Dates calendar.

On March 1, 2012 (with a corrected order on March 19, 2012), the U.S. District Court for the Western District of Texas, San Antonio Division (“the federal court”), issued an order in the federal redistricting case (“federal court order”) changing the dates of the 2012 Primary Election (to May 29, 2012) and the Runoff Primary Election (to July 31, 2012) and reopening the candidate filing period for the Primary Election, as well as the candidate filing periods relative to Independent and Minor Party candidates.  The calendar below has been modified to reflect the court-ordered Primary and Runoff Primary Election dates and the reopened filing periods.  The federal court order provides that the reopened filing period applies to all races for federal, state, and county officers, as well as to the party offices of county and precinct chairs. All dates, deadlines or requirements not specifically adjusted by the federal court order remain as required under state or federal law.  Unless stated otherwise in the federal court order, deadlines are not extended under Tex. Elec. Code Ann. § 1.006. 

The federal court order follows a series of orders relating to candidate filing deadlines and election dates relative to the Primary and Runoff Primary Elections.  Accordingly, this calendar addresses only the current deadlines for the reopened candidate filing period and election dates and does not address, except if necessary, previous filing periods or deadlines.

Note on Campaign Information

Under Title 15 of the Election Code, candidates must file campaign contribution and expenditure reports. For further information and all questions about such disclosure filings, campaign finance, and political advertising, please contact the Texas Ethics Commission at 201 E. 14th, 10th Floor, Austin, Texas 78701 (or call 512-463-5800 or visit their website).  Candidates filing for federal offices should contact the Federal Elections Commission toll-free at 1-800-424-9530 or visit their website.

Testing of Electronic Equipment

Note on Ballot Testing:  Once all candidate filing deadlines have passed, we recommend that you proof and test your ballot programming as soon as possible.  If you will be using automatic tabulating equipment to count your mail ballots, we recommend proofing your ballots and testing your automatic tabulating equipment as soon as possible, as well.  In both instances, early testing will allow adequate time to locate any errors and make any necessary corrections in ballot programming.  We also suggest that you have candidates proof their names and offices before finalizing the ballot to avoid the necessity for last minute ballot corrections.  A notice of the first automatic tabulating equipment test must be published by the custodian of the equipment at least 48 hours before the date of the test.  See Election Advisory No. 2012-03.

Note on Logic and Accuracy Test:  We recommend establishing a date to perform the first test of your electronic voting equipment [L&A, or Logic and Accuracy Test] as soon as possible.  We recommend that this test be performed on a date that allows time to correct programming and retest, if necessary.  A notice of this test must be published by the custodian of the electronic voting equipment at least 48 hours before the date of the test.  See Election Advisory No. 2012-03.

Note on Statutory References

Unless otherwise indicated, all references are to the Texas Election Code.

November 2011

The Secretary of State must deliver to each state and county chair rules regarding primary election financing.  (Sec. 173.010).

Monday, November 7, 2011 (72 hours before meeting date of county election official and county chairs)

If meeting is to be held on November 10, 2011, county election official must deliver written notice of time and place of meeting between county election official and county chair on or before this date (see entry under November 10, 2011).  Notice may be delivered by U.S. mail, electronic mail, or other method of written communication.  (Sec. 31.124, NEW LAW, HB 1136, 2011 Legislative Session).

Thursday, November 10, 2011

Recommended date by which the county election officer in each county should hold the mandatory meeting with the county chair of each political party to discuss for the primary election the implementation of Subchapters A, B, C, and D of Chapter 87 concerning the establishment of the early voting ballot board, the delivery of materials to the early voting ballot board, the acceptance of mail ballots, and the manual counting of early voting ballots.  (Sec. 31.124, NEW LAW, HB 1136, 2011 Legislative Session).

Recommended date by which county chairs who wish to conduct a joint primary should meet with the county election official to determine whether to enter into a joint resolution to conduct the primary, and if the determination is in the affirmative, to discuss potential consolidation or combination of election precincts, to determine the estimated number of election judges and clerks, members of the early voting ballot board, and central counting station personnel to be appointed from the parties, and to decide which voting system and ballot formats are to be used.  (Sec. 172.126(a)).

Even if a joint primary will not be conducted, recommended date by which county chairs should meet with the county election official to discuss whether a contract for election services should be entered into, the terms of such a contract, potential consolidation or combination of election precincts, the estimated number of election judges and clerks, members of the early voting ballot board, and central counting station personnel that will be needed and how they will be obtained, and which voting system and ballot formats will be used.

NOTE:   This recommended date was premised on a filing period that ended on December 12, 2011 and a primary election day of March 6, 2012.  Given the changes in both the filing period and the primary election day, there is no practical reason for the county and county chairs not to meet and discuss these issues any time prior to the end of March, 2012.

December 2011 - Early January 2012

Recommended time frame in which commissioners court should approve resolution to have a joint primary (see entry under November 10, 2011).  (Sec. 172.126(a)).  Given the later primary election date, we believe this should be done by the end of March.

Thursday, December 1, 2011 (180th day before primary election day of May 29, 2012)

First day to accept applications for state write-in ballots for primary election.  (Sec. 105.002).

NOTE:   Because the primary election day was not changed to May 29, 2012 until March 1, 2012, we are of the opinion that any applications for state write-in ballots that were filed timely based on the date of the election at that time should be honored.

Saturday, December 10, 2011 (90th day before regular filing deadline of March 9, 2012)

First day to file an application for the office of precinct chair.  (Sec. 172.023(b)). 

NOTE:  Per federal court order of March 19, 2012, a Democratic Party’s County Executive Committee may choose at a meeting on or before March 26, 2012 to decide whether to elect its precinct chairs at the July 31, 2012 Runoff Primary Election by a plurality vote or at the Democratic Party’s County or Senatorial District Convention on a date set by the Democratic Party’s State Executive Committee by party rule.          

NOTE:  Under the federal court order an application for the office of precinct chair is not invalid if filed more than 90 days before the end of the filing period.

County chair must review each application within five days after the date the application is received. If the application is rejected, the chair must immediately deliver written notice of the reason for the rejection to the candidate.  (Sec. 141.032).

Monday, December 12, 2011 (2nd Monday in December)

Deadline for each party chair to deliver lists of names of election judges and clerks, early voting ballot board members, and central counting station personnel (if applicable) to the county election official if joint primary election is going to be conducted.  (Sec. 172.126(c)). Given the later primary election date, we believe this should be done by the end of March.

Monday, January 2, 2012

Last day for party with state organization which intends to make nominations by convention to register with the Secretary of State.  (Sec. 181.0041).

Friday, March 2, 2012 (federal court order)

Recommended deadline for county chair to post notice on bulletin board used for posting notices of the commissioners court meetings containing the dates of the reopened filing period for candidates to file an application for a place on the primary ballot.  (Sec. 141.040(a)).  (Date inferred from the 3/1/2012 federal court order.)  

First day of the reopened filing period that a Republican or Democratic Party candidate may file an application for a place on the primary ballot, as described in Sec. 172.023(b).  (Date set by the 3/1/2012 federal court order.)

First day of the reopened filing period that county chairs may accept applications for a place on the primary ballot for office of county chair or precinct chair, as described in Sec. 172.023(b).  (Date set by the 3/1/2012 federal court order.)

First day of the reopened filing period to file declaration of write-in candidacy for county or precinct chair.  (Secs. 146.025, 171.0231).  (Date the result of the reopening of the filing period by the 3/1/2012 federal court order.) 

First day of the reopened filing period that county chairs of political parties who make their nominations by convention and do not hold a primary election may accept applications.  (Date set by the 3/1/2012 federal court order.)

First day of the reopened filing period that independent candidates may file declaration of intent to run.  (Sec. 142.002(b)).   (Date the result of the reopening of the filing period by the 3/1/2012 federal court order.)

NOTE:  Under the federal court order, the reopened filing period applies to all races for federal, state, county and local offices, as well as for the party offices of county or precinct chair.  Under the federal court order, all dates, deadlines or requirements not specifically adjusted by the order remain as required under state or federal law.

NOTE: Under the federal court order, any applications and petitions received by county judges, county chairs, or state chairs after December 19, 2011 but before March 2, 2012 will be deemed submitted as of March 2, 2012, unless later withdrawn by the candidate.

Monday, March 5, 2012 (federal court order)

Last day a vacancy for an unexpired term in an office of the state or county government may occur and appear on the primary ballot, as described by Sec. 202.004(a). 

Thursday, March 8, 2012 (federal court order)

Deadline for the county chair (or secretary of the county executive committee) to post a notice on the bulletin board used for posting notices of the commissioners court’s meetings, containing the address at which the county chair and secretary of the county executive committee will be available to receive applications on the last day for filing an application during the reopened filing period, as described in Sec. 172.022. 

NOTE:  If the party secretary is accepting applications at a second location in addition to the party chair, the notice must include both locations.

Friday, March 9, 2012 (federal court order)

Deadline for chair to post notice on commissioners court bulletin board of the date, hour, and place of ballot drawing if the ballot drawing is conducted on March 12, 2012.  (Sec. 172.082(e)).

Last day of the reopened filing period that a Democratic or Republican Party candidate may file an application for a place on the primary ballot (6 p.m.), as described in Sec. 172.023(a).  (Date set by the 3/1/2012 federal court order.)

Last day for Democratic or Republican Party candidates to file an application for a place on the primary ballot (6 p.m.) for an office of the state or county government that became vacant on or before March 5, 2012.  (Date set by the 3/1/2012 federal court order.)

Last day of the reopened filing period that county chairs may accept applications for a place on the ballot for office of county chair (6 p.m.), as described in Sec. 172.023(a).  (Date set by the 3/1/2012 federal court order.) 

NOTE:  The filing deadline for the office of precinct chair is June 1, 2012.  (Set by the 3/1/2012 federal court order.)

Last day of the reopened filing period that candidates may file a declaration of write-in candidacy for county chair (6 p.m.), as described in Sec. 171.0231(d).  (Date set by the 3/1/2012 federal court order.)

Last day of the reopened filing period for political parties that make their nominations by convention and do not hold a primary election to accept applications (6 p.m.).  (Date set by the 3/1/2012 federal court order.)

Last day of the reopened filing period that independent candidates may file declaration of intent to run.  (Date set by 3/1//2012 federal court order.)

Last day to file amendments to previously filed applications with respect to office, precinct, place or any other material detail.  (Date set by the 3/1/2012 federal court order.)

NOTE:  Candidates, and not filing authority election staff, may amend their applications by replacing the whole page of such application that requires changes.  Each submitted page must contain the (sworn) signature of the candidate and the date it was signed.  (Set by the 3/1/2012 federal court order; see the court order for further details on amending.)

NOTE:  Applications filed with the incorrect authority are deemed to have been timely received by the correct authority if the authority who received the application was the correct authority at the time the application was originally filed.  Applications filed with the incorrect authority shall be forwarded to the correct authority without delay.  (Set by the 3/1/2012 federal court order.)

Monday, March 12, 2012 (federal court order)

If a candidate withdraws, dies or is declared ineligible by this date, the name is omitted from the primary ballot.

This is the deadline to conduct the drawing for the order of places on the primary election ballot under Sec. 172.082(c) (NEW LAW, SB 100), which was moved by federal court order. Because the last day for the county executive committee to set the date, hour, and place to convene precinct conventions is keyed to the ballot drawing deadline, the deadline for the county executive committee to set the precinct convention date, time, and place also moves to March 12, 2012, under the wording of Sec. 174.022(b).

NOTE:  See Note under March 30, 2012 concerning changes in law relative to the date, hour, and place to convene precinct conventions.

Recommended date for county chair to submit the ballot format to primary committee for its approval, after the ballot drawing.  (Sec. 172.083).

Recommended date for primary committee to approve ballot format, after the ballot drawing.

Recommended date for county chair to order ballots, after the ballot drawing.

Note on Ballot Testing:  We recommend that you proof and test your ballot programming as soon as possible.  If you will be using automatic tabulating equipment to count your mail ballots, we recommend proofing your ballots and testing your automatic tabulating equipment as soon as possible, as well.  In both instances, early testing will allow adequate time to locate any errors and make any necessary corrections in ballot programming.  A notice of the first automatic tabulating equipment test must be published by the custodian of the equipment at least 48 hours before the date of the test.  See Election Advisory No. 2012-03.

Note on Logic and Accuracy Test:  We recommend establishing a date to perform the first test of your electronic voting equipment [L&A, or Logic and Accuracy Test] as soon as possible.  We recommend that this test be performed on a date that allows time to correct programming and retest, if necessary.  A notice of this test must be published by the custodian of the electronic voting equipment at least 48 hours before the date of the test.  See Election Advisory No. 2012-03.

Deadline for state chair to deliver certified list of statewide and multi-county district candidates to each county chair, as described by Sec. 172.028(b).

Deadline for county chair to deliver copies of the list of candidates (including candidates for county chair) to the county election official, the state chair, and the Secretary of State and for the state chair to deliver the chair’s list of candidates to the Secretary of State, as described by Sec. 172.029(c).

Deadline for state executive committee to set date, hour, and place for convening state convention. (Sec. 174.092(b), NEW LAW, HB 2194, 2011 Legislative Session).

NOTE:  Under NEW LAW, HB 2194, 2011 Legislative Session, the biennial state convention may be convened on any day in June or July.

Thursday, March 15, 2012 (75th day before primary election day of May 29, 2012)

This is the recommended last date to seek Department of Justice preclearance relative to the primary election and runoff primary election.

Last recommended day for a county chair to submit changes affecting voting to U.S. Department of Justice for preclearance.  The federal Voting Rights Act of 1965 requires that any change in any "standard, practice, or procedure with respect to voting" be submitted to the U.S. Department of Justice for preclearance.  Changes in election precincts, polling places, and various other actions require preclearance.  Under Section 5, any change in a voting practice or procedure is legally unenforceable until the U.S. Attorney General (or a federal court in the District of Columbia) determines that the change does not have the purpose, or will not have the effect, of discriminating against racial or language minority group members.

The Attorney General of the U.S. Department of Justice has 60 days in which to interpose an objection to a submitted change affecting voting.  Therefore, if the county executive committee has not already reviewed actions since the last primary elections to see if any changes must be submitted for preclearance, this should be done as soon as possible.  If changes need to be made at the last minute, the Justice Department may be able to give the submission expedited consideration.

Procedure:  Send your submissions to the following address:

For All U.S. Postal Service Mail: For All Overnight Express Services:
Chief, Voting Section
Civil Rights Division
Room 7254-NWB
Department of Justice
950 Pennsylvania Ave., N.W.
Washington, D.C. 20530
Chief, Voting Section
Civil Rights Division
Room 7254-NWB
Department of Justice
1800 G Street, N.W.
Washington, D.C. 20006

IMPORTANT:  The envelope of any submission must be clearly marked as follows:  SUBMISSION UNDER SECTION 5, VOTING RIGHTS ACT, and your return address must be clearly indicated.  The Department of Justice’s toll-free telephone number is 1-800-253-3931 or call direct 202-307-2767.  Their fax numbers are: 202-307-3961 or 202-616-9514.

NOTE:  The U.S. Department of Justice also accepts preclearance submissions online, via their website. This option and more information are available online.

Monday, March 19, 2012 (10th day after federal court-ordered filing deadline)

Deadline for state chair to allocate the filing fees for district offices to the county chairs. (Sec. 173.062(c)).

Friday, March 30, 2012 (federal court order; 60th day before primary election day)

First day of period for voter to submit an application for an early ballot by mail for the general primary, or for both the general primary and the runoff primary.  The application is considered submitted at the time of receipt.  (Secs. 84.001(d), (e) & 84.007).

NOTE:   Per federal court order, applications, received before the date of the March 19, 2012 order and that were not previously rejected based on earlier court orders, are deemed to have been received on March 30, 2012.

Recommended last day for the county chair of each political party to appoint presiding and alternate judges, with the approval of their respective county executive committees, for each precinct in which the primary election will be held in the county.  (Secs. 32.006 & 32.008).

Recommended last day for the county election official to appoint presiding and alternate judges from the lists provided by each county chair and to appoint the election clerks in a joint primary election.  (Sec. 172.126(c)).

General eligibility requirements for election judges and clerks are found in Subchapter C, Chapter 32. The presiding judge appoints the clerks, but not more than the maximum set by the political party; however, the alternate judge must serve as one of the clerks.  (Secs. 32.032 & 32.033).

Recommended last day to order election supplies (other than ballots).

Last day for county executive committee to set date, hour and place to convene precinct conventions. (Sec. 174.022(b), NEW LAW, HB 2817, 2011 Legislative Session).

NOTE:   NEW LAW, HB 2817, 2011 Legislative Session, amends Section 174.022 to provide that precinct conventions may be held in the regular county election precincts on the primary election day or on a date determined by the county executive committee that occurs not later than the 5th day after the date of the general primary election.  If the precinct convention is held on primary election day, the hour set for convening may not be earlier than 7:00 p.m. or later than 9:00 p.m., but the convention may not convene until the last voter has voted at the precinct polling place.  If the precinct conventions are held on a day other than primary election day, the county executive committee shall set the hour for convening or a time frame in which the conventions must convene.  However, the federal court order states that Section 163.006 is suspended to allow the Republican and Democratic Parties to make emergency changes to their rules to comply with this and future orders of the federal court.

Deadline for printers/vendors to register to print primary ballots.  (Sec. 51.013).

Saturday, April 14, 2012 (45th day before primary election day)

Deadline for early voting clerk to mail ballots to military and overseas voters.  If the clerk cannot meet this 45th-day deadline, the clerk must notify the Secretary of State within 24 hours.  If a federal postcard application (FPCA) is received after the 45th-day deadline, the ballot should be mailed not later than the 7th calendar day after the date the FPCA is received.  If an application for a ballot by mail is received after the 45th-day deadline from a voter who is not in the military or overseas, the ballot should be mailed not later than the 7th calendar day after the date the application is accepted.  (Sec. 86.004(a), (b), NEW LAW, SB 100).

NOTE:   It should not be assumed that the 45th-day deadline under Section 86.004(b) is extended by Section 1.006 to the next business day.  The ballots covered by Section 86.004(b) should be sent out on or before Saturday, April 14, 2012.

County chair of party holding a primary election procures from voter registrar a set of precinct lists of registered voters (also supplemental lists and correction lists, if necessary) to deliver to county election official for use in conducting early voting by mail and in person in the party’s general primary.  (Secs. 18.001(d) & 18.002-18.004).

Monday, April 16, 2012 (43rd day before primary election day)

Deadline for state chairs and county chairs to submit itemized estimate and request for state funds to cover general primary expenses. (Sec. 173.081(c)(2)).  Notice of consolidation of county election precincts, if any, must accompany the itemized estimate.  (Sec. 173.081(f)).*

*Since the statutory deadline falls on Saturday, April 14, 2012, the deadline is moved to the 43rd day before primary election day, the next business day.  (Sec. 1.006).

Wednesday, April 25, 2012 (per federal court order)

Deadline for county voter registrars to mail new voter registration cards for voters with an effective voter registration as of the date of issuance and whose voter registration is not in suspense. (Sec. 14.001).

Monday, April 30, 2012 (29th day before primary election day)

Last day a person may submit an application to register to vote in May 29, 2012 primary election.  (Sec. 13.143).*

NOTE:   An FPCA submitted on or after September 1, 2009 will serve as a permanent voter registration application, unless the application states that the applicant is residing outside the United States indefinitely.  (Sec. 13.002(h)).

Last day a voter who has moved to a different election precinct within the county may submit a change of address to be eligible to vote (in the general primary) in the precinct of his or her new residence.  (Sec. 15.025).*

Recommended last day state chairs may file party rules with the Secretary of State.  (Secs. 163.005 & 163.006).*

*Since the statutory deadline falls on Sunday, April 29, 2012, the deadline is moved to the 29th day before primary election day, the next business day.  (Secs. 1.006, 13.143(e) & 15.025(d)).

NOTE:  NEW LAW, HB 2817, 2011 Legislative Session, amends Section 174.022.  The precinct conventions may be held on primary election day or on a date no later than the 5th day after primary election day.  One of the effects of this amendment is to extend the deadline under Section 163.006(a), which currently provides that a rule on electoral affairs that is to become effective in a year in which the party will hold precinct conventions must be filed with the Secretary of State not later than the 30th day before the date of convening the precinct conventions.  However, because the precinct conventions are no longer limited to the primary date, the state chairs are encouraged to file rules on electoral affairs with the Secretary of State no later than the 30th day before primary election day.  However, the federal court order states that Section 163.006 is suspended to allow the Republican and Democratic Parties to make emergency changes to their rules to comply with this and future orders of the federal court.

Tuesday, May 8, 2012 (21st day before primary election day)

Last day for county chair to post notice of the primary election on the commissioners court bulletin board.  (Secs. 4.003 & 172.1112).

Wednesday, May 9, 2012 (20th day before primary election day)

Last day for a person who is not already a permanent registered voter to submit an FPCA to receive a full ballot.  Postmark with this date on the FPCA is proof that the applicant submitted the FPCA by this deadline.  (See entry below for FPCA without postmark at the 14th day before primary election day, May 15, 2012.)  (Sec. 101.052(e), (i), renumbered by NEW LAW, SB 100).  Note:  If the voter marked “indefinitely away” (older form) or away without intent to return (newer form), voter gets federal ballot only.

Thursday, May 10, 2012 — Tuesday, May 22, 2012 (19th — 7th day before primary election day)

A person submitting an FPCA during this period is entitled to receive a federal ballot only (no state, district, or county offices), if not already a permanent registered voter.  (Sec. 101.052(f), renumbered by NEW LAW, SB 100).

Monday, May 14, 2012 (15th day before primary election day)

Early voting by personal appearance begins on this day.  (Sec. 85.001).*

If early voting by personal appearance is required to be conducted for extended hours or for weekend hours, county voter registrar’s office is required to remain open for providing voter registration information during the extended hours or weekend hours that the main early voting polling place is open for voting.  (Secs. 12.004(d), 85.005(c) & 85.006(e)).

If an FPCA is received by this date without a postmark to prove mailing date, the early voting clerk will accept the FPCA and mail the applicant a full ballot if the applicant is not already a permanent registered voter, but meets the requirements under Title 2 of the Election Code.   (Sec. 101.052(i), renumbered by NEW LAW, SB 100).  Note:  If the voter marked “indefinitely away” (older form) or away without intent to return (newer form), voter gets federal ballot only.

Deadline to notify election judges of duty to hold election (Writ of Election).  (Sec. 4.007).  Written notice must be given to the presiding judge of the duty to hold the election, purpose of election, the election date, location of the polling place, hours the polls are open, and the number of clerks to be appointed.

*Since the 17th day before primary election day falls on Saturday, May 12, 2012, early voting will begin on Monday, April 14th, the next business day.  (Sec. 85.001(c)).

Wednesday, May 16, 2012 (72 hours preceding first hour Saturday early voting will be conducted)

Deadline to post notice on bulletin board used for posting notice of meetings of commissioners court 72 hours preceding first hour that early voting on Saturday, May 19, 2012 will be conducted.  (Sec. 85.007(b), (c)).

Thursday, May 17, 2012 (72 hours preceding first hour Sunday early voting will be conducted; 12th day before primary election day)

Deadline for the early voting clerk to post notice on bulletin board used for posting notice of meetings of commissioners court 72 hours preceding first hour that early voting on Sunday, May 20, 2012 will be conducted.  (Sec. 85.007(b), (c)).

If defective application to vote early by mail in the primary election is received on or before this date, early voting clerk mails a new application back to voter with explanation of defects and instructions for submitting new application by the deadline.  For defective applications received after this date and before end of early voting by personal appearance, early voting clerk mails only notice of defect and statement that voter is not entitled to vote early by mail unless he or she submits a sufficient application by the deadline.  (Sec. 86.008).

Saturday May 19, 2012 (2nd Saturday after 2nd Tuesday in May; 10th day before primary election day)

Minor parties will make nominations at the district convention for multi-county district offices.  (Sec. 181.061(b)).

In counties with a population of 100,000 or more, early voting must be conducted for 12 hours on the last Saturday of the early voting period at the main early voting polling place.  In counties with a population less than 100,000, early voting must be conducted for this same number of hours at the main early voting polling place upon receipt of a petition submitted by at least 15 registered voters of the county.  (Sec. 85.006(e)).

If in a county with a population of 100,000 or more, delivery of early voting ballots and materials will be made to the early voting ballot board between the ninth day before primary election day and the opening of the polls on primary election day, (see Note in entry under May 29, 2012), notice must be posted of such delivery 24 hours in advance.  (Secs. 87.0222 & 87.0241).

First day of the 10-day continuous period that county chair must post notice of the date, hour and place for convening each precinct convention on the bulletin board used for posting notice of meetings of the commissioners court, if the precinct conventions will be held on primary election day.  (Sec. 174.023(a)).

NOTE:  NEW LAW, HB 2817, 2011 Legislative Session, amends Section 174.022.  The precinct conventions may be held on primary election day or on a date no later than the 5th day after primary election day.  One of the effects of this amendment is to alter the start date of the continuous 10-day period under Section 174.023(a) for posting the notice of the convention on commissioners court bulletin board, if the conventions are held after primary election day.  However, the federal court order states that Section 163.006 is suspended to allow the Republican and Democratic Parties to make emergency changes to their rules to comply with this and future orders of the federal court.

Sunday, May 20, 2012 (9th day before primary election day)

In counties with a population of 100,000 or more, early voting must be conducted at the main early voting polling place for five hours on the last Sunday of the early voting period.  In counties with a population less than 100,000, early voting must be conducted for this same number of hours at the main early voting polling place upon receipt of a petition submitted by at least 15 registered voters of the county.  (Sec. 85.006(e)).

Monday, May 21, 2012

First day early voting ballot board in counties with a population of 100,000 or more may convene.  (Sec. 87.0222).

A voter who becomes sick or disabled on or after this date may vote a late ballot if the sickness or disability prevents the voter from appearing at the polling place without the likelihood of needing personal assistance or of injuring his or her health. (Sec. 102.001).

Last day for county chair to deliver written notice of date, hour and place of precinct conventions to county election official, if the precinct conventions are held on the primary election day.  (Secs. 1.006, 174.023(b)).

NOTE:  NEW LAW, HB 2817, 2011 Legislative Session, amends Section 174.022 to provide that the precinct conventions may be held on primary election day or on a date no later than the 5th day after primary election day. One of the effects of this amendment is to extend the deadline under Section 174.023(b) if the conventions are held after primary election day, which provides that the county chair must deliver to the county election official written notice of the date, hour and place for convening each precinct election.

If county election precincts are consolidated, county chair must post at the polling place used in the preceding general election for state and county officers a notice of consolidation and location of the polling place.  For purposes of conducting a primary election, the “preceding general election” is the preceding primary election.  (Sec. 172.1112).*

*Since the statutory deadline falls on Saturday, May 19, 2012, the deadline is moved to the 8th day before runoff primary election day, the next business day. (Sec. 1.006).

Monday, May 21, 2012 — Friday, May 25, 2012 (8th day — 4th day before primary election day)

Counties with populations of 100,000 or more must keep main early voting polling place open for 12 hours each day during the last week of early voting; however, required branch hours are set by commissioners court. Counties with populations of less than 100,000 keep the main early voting place open during regular county business hours unless 15 or more voters petition the county for the extended 12-hour schedule.  (Secs. 85.005(c) & 85.064).

Tuesday, May 22, 2012 (7th day before primary election day)

Last day to receive applications for ballots by mail for the May primary election.  Early voter’s application (including FPCA) must be received by early voting clerk before close of regular business or 12 noon, whichever is later, on this date.  If the FPCA applicant is not already permanently registered to vote, applicant will be sent a ballot for the federal offices only.  (Secs. 84.007 & 101.052, renumbered by NEW LAW, SB 100).

Wednesday, May 23, 2012 (4th business day before primary election day)

Last day for Secretary of State to receive requests for state election inspectors for primary election.  (Sec. 34.001).

Thursday, May 24, 2012 (day before the last day of early voting in person)

If delivery of early voting ballots and materials will be made to the early voting ballot board before the polls open on primary election day (see Note in entry under May 29, 2012), notice must be posted of such delivery 24 hours in advance.  (Secs. 87.0221, 87.0222, 87.023, 87.024 & 87.0241).

Friday, May 25, 2012 (4th day before primary election day)

Last day to vote early in person.  (Sec. 85.001(a)).

Recommended date to conduct first test of automatic tabulating equipment, if not done already.  Test must be conducted at least 48 hours before ballots will be counted.  The notice of the test must be published at least 48 hours before test.  (Secs. 127.093 & 127.096).  See Election Advisory No. 2012-03.

Saturday, May 26, 2012 (day after last day of early voting in person; 3rd day before primary election day)

First day to submit an application for and vote a late ballot because of a death in the immediate family that occurred on or after Thursday, May 24, 2012, and will require absence from the county on primary election day.  May submit application through May 28, 2012, the day before primary election day.  (Secs. 103.001 & 103.003(b)).

First day to submit an application for and vote a late ballot because of sickness or disability that arose on or after Monday, May 21, 2012.  May submit application through 5:00 p.m. on primary election day. (Secs. 102.001 & 102.003).

Monday, May 28, 2012 (day before primary election day and precinct conventions)

Last day for county election official (early voting clerk) to deliver precinct lists of early voters for general primary to the presiding election judges.  (Sec. 87.122).

Last day to submit application to vote a late ballot due to death in immediate family that occurred on or after Thursday, May 24, 2012.  (Sec. 103.003).

Deadline for county chair to post notices of changed polling places.  (Sec. 43.062).

Tuesday, May 29, 2012, PRIMARY ELECTION DAY per Federal Court Order (Sec. 41.007(a), (c)).

NOTE:  At this time, there will be no notice of precinct convention to post.

NOTE:  The precinct convention may be held on primary election day or on a date no later than the 5th day after primary election day.  However, the federal court order states that Section 163.006 is suspended to allow the Republican and Democratic Parties to make emergency changes to their rules to comply with this and future orders of the federal court.

7:00 a.m. to 7:00 p.m. —  Polls are open.  (Sec. 41.031(a)).  Early voting clerk's and voter registrar's offices are open.  (Secs. 12.004(c) & 83.011).

7:00 a.m. to 7:00 p.m. —  Sick and disabled persons may vote at the main early voting polling place if electronic voting systems are used and the voter has a sickness or condition that prevents the voter from voting in the regular manner without personal assistance or likelihood of injury.  (Sec. 104.003). However, if the early voting ballots by mail are processed at a location other than the main early voting polling place, the early voting clerk may require the voting to be conducted at that location.  (Sec. 104.003).

5:00 p.m. —  Deadline for receiving applications for late early ballots to be voted by persons who became sick or disabled on or after Monday, May 21, 2012 (8th day before primary election day).  (Sec. 102.003(b)).

7:00 p.m. —  Deadline for receiving early ballots by mail and late early ballots cast by voters who became sick or disabled on or after Monday, May 21, 2012 (8th day before primary election day).  (Secs. 86.007(a) & 102.006(c)).  (See late ballot exception to the by-mail rule under entry for June 6, 2012.)

Clerk for early voting must check mailbox for early mail ballots at least once after time for regular mail delivery.  (Sec. 86.007(b)).  Clerk delivers voted ballots, key to double-locked ballot box, etc., to early voting ballot board at time or times specified by the presiding judge of the early voting ballot board, during the hours the polls are open or as soon after the polls close as practicable.  (Sec. 87.022).

NOTE:  In an election at which paper ballots or electronically counted ballots are used, early ballots may be delivered to the early voting ballot board at any time after early voting by personal appearance ends.  Ballots may be qualified and prepared for counting before election day, but they may not be counted until election day (unless the population of the county is 100,000 or more).  (Secs. 87.0221, 87.023, 87.024 & 87.0241).  If ballots are to be delivered before primary election day, the early voting clerk must post notice at least 24 hours before each delivery at the main early voting polling place.  (Secs. 87.0221, 87.0222, 87.023(b) & 87.024(b)).

The custodian of the key to the second lock on the double-locked early voting ballot box (county judge) delivers his or her key to the presiding judge of the early voting ballot board on request of the presiding judge.  (Secs. 85.032 & 87.025).

7:00 p.m. —  County election official begins transmitting results to the Secretary of State and transmits continuously until results are final.  (Sec. 68.034).

The voter registrar may take possession of the ballot box(es) or transfer case(s) containing the provisional ballots (or provisional ballot affidavits when DRE systems are used) on election night (instead of on the next business day) by providing the custodian of records with a notice no later than 24 hours before primary election day. (Sec. 65.052; 1 T.A.C. §§ 81.172 – 81.174 & 81.176).

If precinct conventions held by political parties holding primaries are held on the primary election day, they must convene not earlier than 7:00 p.m., nor later than 9:00 p.m. and must not convene until after last voter has voted at the precinct polling place.  (Sec. 174.022).  If precinct conventions held by political parties holding primaries are held on a different date that occurs not later than the 5th day after the date of the primary election, the county executive committee sets the hour or a time frame for convening the precinct convention.  (Sec. 174.022, NEW LAW, HB 2817, 2011 Legislative Session).  However, the federal court order states that Section 163.006 is suspended to allow the Republican and Democratic Parties to make emergency changes to their rules to comply with this and future orders of the federal court.

Wednesday, May 30, 2012 (1st day after primary election day)

The voter registrar shall take possession of the ballot box(es) or transfer case(s) containing the provisional ballots (or provisional ballot affidavits when DRE systems are used), along with the Summary of Provisional Ballots and the List of Provisional Voters for each precinct, during the regular business hours of the county election official, unless the voter registrar has already taken possession of the ballots prior to this date.  (Sec. 65.052; 1 T.A.C. §§ 81.172 - 81.174 & 81.176).

June — July 2012

Parties hold statewide conventions "any day in June or July."  (Sec. 174.092).

NOTE: Under NEW LAW, HB 2194, 2011 Legislative Session, the biennial state convention may be convened on any day in June or July.

Friday, June 1, 2012 (3rd business day after primary election day; 60th day before runoff primary election day)

Deadline for voter registrar to deliver provisional ballots to early voting ballot board judge (or general custodian of election records) for qualification and counting after the close of the voter registrar’s business day. 1 T.A.C. §§ 81.172 - 81.174 & 81.176).

If required, last day for county election official to begin manual recount of ballots in three precincts or one percent of precincts, whichever is greater, unless requirement has been waived. The count shall be completed not later than the 21st day after primary election day. (Sec. 127.201(a)).  Results of manual count must be mailed to Secretary of State not later than the 3rd day after the manual count is completed. (Sec. 127.201(e)).

NOTE:  NEW LAW HB 2817, 2011 Legislative Session creates new Section 127.201(g), which provides that Section 127.201 does not apply to the tabulation of electronic voting system results for a voting system that uses DRE (direct recording electronic) voting machines.

First day of period for voter to submit an application for an early ballot by mail for the runoff primary.  (Secs. 84.001(d), (e) & 84.007).

NOTE:  Election officials should check applications submitted for the May 29, 2012 primary election for timely requests for a runoff primary ballot.

Deadline for printers to register to print runoff primary ballots.  (Sec. 51.013).

Recommended last day to order any additional election supplies necessary for the runoff primary election.

Recommended last day for the county chair of each political party to appoint presiding and alternate judges, with the approval of their respective county executive committees, for each precinct in which the runoff primary election will be held in the county (see entry at March 30, 2012 concerning eligibility requirements for election judges and clerks).  (Secs. 32.006 & 32.008).

Recommended last day for the county election official to appoint presiding and alternate judges from the lists provided by each county chair and to appoint the election clerks in a joint runoff primary election.  (Sec. 172.126(c)).

Monday, June 4, 2012 (6th day after primary election day)

Last day to receive carrier envelope placed in mail for delivery by 7:00 p.m. on primary election day from outside of the United States.  (Sec. 86.007(d)(3)).*

On this day, or under certain circumstances earlier, early voting ballot board convenes to count mail ballots cast from outside United States described by Section 86.007(d) at time set by presiding judge.  (Sec. 87.125).

* Since the statutory deadline falls on Sunday, June 3, 2012, the deadline is moved to the 6th day after primary election day, the next business day.  (Sec. 86.007(d)(3)).

Tuesday, June 5, 2012 (7th day after primary election day; 2nd Tuesday in March)

The early voting ballot board must reconvene any time after the last mail delivery by the 6th day after election day but no later than this day, 7th day after primary election day, to count late ballots received.

Deadline for early voting ballot board to verify and count provisional ballots. (Sec. 65.051(a)).

Precinct conventions held for parties nominating by convention.  (Secs. 181.061(c) & 182.005).

Recommended day for county executive committee to post notice of drawing for place on runoff primary ballot for county and precinct offices to take place after the canvass.  (Sec. 52.094 (c)).

Wednesday, June 6, 2012 (8th day after primary election day; 10th day before county and senatorial district conventions)

Notice of county and senatorial district conventions must be posted continuously on commissioners court bulletin board of date, time and place of the convention.  The notice is also delivered to the county election official. (Sec. 174.064).

Local canvass of the general primary election by county executive committee must be conducted on this date.  (Sec. 172.116(b)).  Per federal court order, the political parties are ordered to make any necessary modifications to their Party Rules to give this requirement effect.

Thursday, June 7, 2012 (2nd Thursday after primary election day)

12 noon — Deadline for county chair to submit canvassed returns for statewide and district offices to state party chair. (federal court order, Secs. 67.007(d) & 172.119(b)).

Saturday, June 9, 2012 (1st Saturday after 2nd Tuesday in May; federal court order)

County convention for minor parties that are nominating candidates for single-county district, county, or precinct offices.  (Sec. 181.061(c)). However, the federal court order states that Section 163.006 is suspended to allow the Republican and Democratic Parties to make emergency changes to their rules to comply with this and future orders of the federal court.  

Deadline for state executive committee to conduct state canvass for all races with potential runoffs (races with three or more candidates).  State chair must certify these candidates for statewide and district offices for placement on runoff primary election ballot to county chair as soon as canvass is completed.  (Secs. 172.120 & 172.121).

Recommended day for county chair to post notice of drawing for place on runoff primary ballot for all offices on primary runoff ballot to take place after the canvass.  (Sec. 172.084(d)).

Monday, June 11, 2012 (federal court order)

5:00 p.m. —  Last day runoff primary candidates may withdraw from ballot.  (federal court order, Sec. 172.059, NEW LAW, SB 100).

Tuesday, June 12, 2012 (federal court order)

9:00 —  Ballot drawing is conducted immediately following the canvass for all candidates involved in runoff primary election.  (federal court order, Sec. 172.084(b)).

Recommended date for primary committee immediately after drawing to approve runoff primary ballot format and for runoff primary election ballots to be ordered.

Review Note on Ballot Testing and Note on Logic and Accuracy Test under the entry at March 30, 2012.

Saturday, June 16, 2012 (3rd Saturday after primary election day; 45th day before runoff primary election day)

County and Senatorial district conventions for parties nominating by primary.  (Sec. 174.063).

NOTE:  Per federal court order, county and senatorial district conventions shall be determined by the state party chair.

Deadline for early voting clerk to mail ballots to military and overseas voters.  If the clerk cannot meet this 45th-day deadline, the clerk must notify the Secretary of State within 24 hours.  If a federal postcard application (FPCA) is received after the 45th-day deadline, the ballot should be mailed not later than the 7th calendar day after the date the FPCA is received.  If an application for a ballot by mail is received after the 45th-day deadline from a voter who is not in the military or overseas, the ballot should be mailed not later  than the 7th calendar day after the date the application is accepted.  (Sec. 86.004(a), (b), NEW LAW, SB 100).

NOTE:  It should not be assumed that the 45th-day deadline under Section 86.004(b) is extended by Section 1.006 to the next business day.  The ballots covered by Section 86.004(b) should be sent out on or before Saturday, June 16, 2012.

County chair of party holding a runoff primary election procures from voter registrar a set of precinct lists of registered voters (also supplemental lists and correction lists, if necessary) to deliver to county election official for use in conducting early voting by mail and in person in the party’s runoff primary.  (Secs. 18.001(d) & 18.002-18.004).

Monday, June 18, 2012 (11th day after local canvass; 10th day after primary election day; 24 hours after local canvass)

Deadline for the presiding judge of the early voting ballot board to notify provisional voters whether their ballots were counted and if not, the reason why they were not counted. 1 T.A.C. §§ 81.172 - 81.174, 81.176).*

*Since the deadline under the administrative rule (10th day after local canvass) falls on Sunday, June 17, 2012, the deadline is moved to the 11th day after the local canvass, the next business day. (Sec. 1.006).

Deadline for presiding judge of early voting ballot board to notify mail ballot voters of rejected ballots. (Sec. 87.0431).

NOTE: NEW LAW, SB 100, requires notice to also be provided to email address of an overseas mail ballot voter if ballot was transmitted to the voter by email under Section 101.102.

Deadline for state chairs and county chairs to submit itemized estimate and request for state funds to cover runoff primary expenses.  (Sec. 173.081(e)).  Notice of consolidation of county precincts, if any, must accompany the itemized estimate.  (Sec. 173.081(f)).

Wednesday, June 20, 2012 (22nd day after primary election day)

If required, manual count must be complete by this date (see entry at June 1, 2012).  (Sec. 127.201(a)).*

*Since the statutory deadline falls on Tuesday, June 19, 2012, Emancipation Day in Texas, the deadline is moved to the next business day.  (Sec. 1.006).

Tuesday, June 26, 2012 (20th day after local canvass of primary election)

Deadline for county chair to deliver certification of nominees for county and precinct offices for places on the November General Election ballot to authority preparing the ballot (county election official).  (Sec. 172.117(b)).  Note:  This will not include offices to be placed on the runoff primary election.

Thursday, June 28, 2012 (30th day after primary election day)

Deadline for county chair to deliver precinct results of primary election, including precinct-by-precinct returns for early voting, of U.S. senator, U.S. representative, statewide races, state senate, and state representative to the Secretary of State.  (Sec. 172.124(b)).

Friday, June 29, 2012

Last day minor party chairs may submit petitions and precinct convention lists to Secretary of State and to the appropriate county clerk (or other county election official) for placement on the ballot.  (Secs. 181.005(a), 181.006(b)(3), 182.003 & 182.004).

Monday, July 2, 2012 (29th day before runoff primary election day)

Last day a person may submit an application to register to vote in July 31, 2012 runoff primary election.  (Sec. 13.143).*

NOTE: An FPCA submitted on or after September 1, 2009 will serve as a permanent voter registration application, unless the application states that the applicant is residing outside the United States indefinitely.  (Sec. 13.002(h)).

Last day a voter who has moved to a different election precinct within the county may submit a change of address to be eligible to vote (in the runoff primary) in the precinct of his or her new residence.  (Sec. 15.025).*

*Since the statutory deadline falls on Sunday, July 1, 2012, the deadline is moved to the 29th day before runoff primary election day, the next business day.  (Secs. 1.006, 13.143(e) & 15.025(d)).

Tuesday, July 10, 2012 (21st day before runoff primary election day)

Last day for county chair to post notice of the runoff primary election on the commissioners court bulletin board.  (Secs. 4.003 & 172.1112).

Wednesday, July 11, 2012 (20th day before runoff primary election day)

Last day for a person who is not already a permanent registered voter to submit an FPCA to receive a full ballot.  Postmark with this date on the FPCA is proof that the applicant submitted the FPCA by this deadline.  (See entry below for FPCA without postmark at the 15th day before runoff primary election day, July 16, 2012.)  (Sec. 101.052(e), (i), renumbered by NEW LAW, SB 100).  Note:  If the voter marked “indefinitely away” (older form) or away without intent to return (newer form), voter gets federal ballot only.

Thursday, July 12, 2012 — Tuesday, July 24, 2012 (19th — 7th day before runoff primary election day)

A person submitting an FPCA during this period is entitled to receive a federal ballot only (no state, district, or county offices), if not already a permanent registered voter.  (Sec. 101.052(f), renumbered by NEW LAW, SB 100).

Monday, July 16, 2012 (15th day before runoff primary election day)

If an FPCA is received by this date without a postmark to prove mailing date, the early voting clerk will accept the FPCA and mail the applicant a full ballot if the applicant is not already a permanent registered voter, but meets the requirements under Title 2 of the Election Code.   (Sec. 101.052(i), renumbered by NEW LAW, SB 100).  Note:  If the voter marked “indefinitely away” (older form) or away without intent to return (newer form), voter gets federal ballot only.

Deadline to notify election judges of duty to hold election (Writ of Election).   Written notice must be given to the presiding judge of the duty to hold the election, purpose of election, the election date, location of the polling place, hours the polls are open, and the number of clerks to be appointed. (Sec. 4.007). 

Thursday, July 19, 2012 (12th day before runoff primary election day)

If defective application to vote early by mail in the primary election is received on or before this date, early voting clerk mails a new application back to voter with explanation of defects and instructions for submitting new application by the deadline.  For defective applications received after this date and before end of early voting by personal appearance, early voting clerk mails only notice of defect and statement that voter is not entitled to vote early by mail unless he or she submits a sufficient application by the deadline. (Sec. 86.008).

Saturday, July 21, 2012 (10th day before runoff primary election day)

If in a county with a population of 100,000 or more, delivery of early voting ballots and materials will be made to the early voting ballot board between the ninth day before primary election day and the opening of the polls on primary election day, (see Note in entry under July 31, 2012), notice must be posted of such delivery 24 hours in advance.  (Sec. 87.0222 & 87.0241).

Monday, July 23, 2012 (8th day before runoff primary election day)

Early voting by personal appearance begins on this day.  (Sec. 85.001).*

If early voting by personal appearance is required to be conducted for extended hours or for weekend hours, county voter registrar’s office is required to remain open for providing voter registration information during the extended hours or weekend hours that the main early voting polling place is open for voting.  (Secs. 12.004(d), 85.005(c) & 85.006(e)).

First day early voting ballot board in counties with a population of 100,000 or more may convene. (Sec. 87.0222).

A voter who becomes sick or disabled on or after this date may vote a late ballot if the sickness or disability prevents the voter from appearing at the polling place without the likelihood of needing personal assistance or of injuring his or her health.  (Sec. 102.001).

If county election precincts are consolidated, county chair must post at the polling place used in the preceding general election for state and county officers a notice of consolidation and location of the polling places.  For purposes of conducting a runoff primary election, the “preceding general election” is the preceding runoff primary election.  (Secs. 4.003(b) & 172.1112).**

*Since the 10th day before the runoff primary election day falls on Saturday, July 21, 2012, early voting will begin on Monday, July 23, 2012, the next business day.  (Sec. 85.001(c)).

**Since the statutory deadline falls on Saturday, July 21, 2012, the deadline is moved to the 8th day before runoff primary election day, the next business day, July 23, 2012. (Sec. 1.006).

Monday, July 23, 2012 — Friday, July 27, 2012 (8th — 4th day before runoff primary election day)

Counties with populations of 100,000 or more must keep main early voting polling place open for 12 hours each day during the last week of early voting; however, required branch hours are set by commissioners court. Counties with populations of less than 100,000 keep the main early voting place open during regular county business hours unless 15 or more voters petition the county for the extended 12-hour schedule.  (Secs. 85.005(c) & 85.064).

Tuesday, July 24, 2012 (7th day before runoff primary election day)

Last day to receive applications for ballots by mail for the July runoff primary election.  Early voter’s application (including FPCA) must be received by early voting clerk before close of regular business or 12 noon, whichever is later, on this date.  If the FPCA applicant is not already permanently registered to vote, applicant will be sent a ballot for federal offices only.  (Secs. 84.007 & 101.052, renumbered by NEW LAW, SB 100, 2011 Legislative Session).

Wednesday, July 25, 2012 (4th business day before runoff primary election day)

Last day for Secretary of State to receive requests for state election inspectors for runoff primary election. (Sec. 34.001).

Thursday, July 26, 2012 (day before the last day of early voting in person; 5th day before runoff primary election)

A voter who will be absent from his county of residence due to a death of an immediate family member occurring on or after this day may apply for a late ballot.  Application may be made after the last day of early voting in person, up to the close of business on the day before runoff primary election day. (Secs. 103.001 & 103.003).

Recommended date to conduct first test of automatic tabulating equipment.  Test must be conducted at least 48 hours before ballots will be counted.  The notice of the test must be published at least 48 hours before test.  (Secs. 127.093 & 127.096).  See Election Advisory No. 2012-03.

If delivery of early voting ballots and materials will be made to the early voting ballot board before the polls open on runoff primary election day (see Note in entry under July 31, 2012), notice must be posted of such delivery 24 hours in advance.  (Secs. 87.0221, 87.0222, 87.023, 87.024 & 87.0241).

Friday, July 27, 2012 (4th day before runoff primary election day)

Last day to vote early in person in the runoff primary election.  (Sec. 85.001(b)).

First day for voter registrar or elections administrator to return the list of registered voters used in first primary to the county chair if it is to be used for the runoff primary election.  (Sec. 172.115(b)).

Saturday, July 28, 2012 (day after last day of early voting in person; 3rd day before runoff primary election day)

First day to submit an application for and vote a late ballot because of a death in the immediate family that occurred on or after Thursday, July 26, 2012, and will require absence from the county on election day.  May submit application through July 30, 2012, the day before runoff primary election day. (Secs. 103.001 & 103.003(b)).

First day to submit an application for and vote a late ballot because of sickness or disability that arose on or after Monday, July 23, 2012.  May submit application through 5:00 p.m. on runoff primary election day.  (Secs. 102.001 & 102.003).

Counties with a population of 100,000 or more and using electronic voting equipment may begin counting ballots voted in person or by mail during the early voting period. (Sec. 87.0241(b); 1 T.A.C. § 81.86).

Early voting ballot board in all counties may meet to process ballots but may not begin actually counting ballots unless the county has a population of 100,000 or more.  (Sec. 87.0241).

Sunday, July 29, 2012 (61st day after primary election day)

First day the general custodian of election records may (1) require a person who has possession of a key that operates the lock on a ballot box containing voted ballots to return the key to the custodian; and (2) unlock the ballot box and transfer the voted ballots to another secure container for the remainder of the preservation period.  (Sec. 66.058(b)).  Please note that a political subdivision is not required by law to do this on Sunday, July 29, 2012; it may choose to transfer the voted ballots to another secure container for the remainder of the preservation period on Monday, July 30, 2012 or a later date.

Monday, July 30, 2012 (day before runoff primary election day)

Last day to submit application to vote a late early ballot due to death in immediate family that occurred on or after Thursday, July 26, 2012.  (Sec. 103.003).

Deadline for county chair to post notices of changed polling places. (Sec. 43.062).

Tuesday, July 31, 2012, RUNOFF PRIMARY ELECTION DAY (Sec. 41.007(b)).

NOTE:  NEW DATE FOR RUNOFF PRIMARY ELECTION Per Federal Court Order.

7:00 a.m. to 7:00 p.m. — Polls are open.  (Sec. 41.031(a)).  Early voting clerk's and voter registrar's offices are open.  (Secs. 12.004(c) & 83.011).

7:00 a.m. to 7:00 p.m. —   Sick and disabled persons may vote at the main early voting polling place if electronic voting systems are used and the voter has a sickness or condition that prevents the voter from voting in the regular manner without personal assistance or likelihood of injury.  (Sec. 104.003). However, if the early voting ballots by mail are processed at a location other than the main early voting polling place, the early voting clerk may require the voting to be conducted at that location.  (Sec. 104.003).

5:00 p.m. —  Deadline for receiving applications for late early ballots to be voted by persons who became sick or disabled on or after Monday, July 23, 2012 (8th day before runoff election day). (Sec. 102.003(b)).

7:00 p.m. —  Deadline for receiving early ballots by mail and late early ballots cast by voters who became sick or disabled on or after Monday, July 23, 2012 (8th day before runoff election day). (Secs. 86.007(a) & 102.006(c)).  (See late ballot exception to the by-mail rule under entry for May 29, 2012).

Clerk for early voting must check mailbox for early mail ballots at least once after time for regular mail delivery. (Sec. 86.007(b)).  Clerk delivers voted ballots, key to double-locked ballot box, etc., to early voting ballot board at time or times specified by the presiding judge of the early voting ballot board, during the hours the polls are open or as soon after the polls close as practicable. (Sec. 87.022).

NOTE:  In an election at which paper ballots or electronically counted ballots are used, early ballots may be delivered to the early voting ballot board at any time after early voting by personal appearance ends.  Ballots may be qualified and prepared for counting before election day, but they may not be counted until election day (unless the population of the county is 100,000 or more and uses an electronic voting system).  (Secs. 87.0221, 87.023 & 87.024).  If ballots are to be delivered before election day, the early voting clerk must post notice at least 24 hours before each delivery at the main early voting polling place.  (Secs. 87.0221, 87.023(b) & 87.024(b)).

The custodian of the key to the second lock on the double-locked early voting ballot box (county judge) delivers his or her key to the presiding judge of the early voting ballot board. (Secs. 87.025 & 85.032).

The voter registrar make take possession of the ballot box(es) or transfer case(s) containing the provisional ballots (or provisional ballot affidavits when DRE systems are used) on election night (instead of on the next business day) by providing the custodian of records with a notice no later than 24 hours before election day. (Sec. 65.052; 1 T.A.C. §§ 81.172 – 81.174 & 81.176).

7:00 p.m. —  County election official begins transmitting results to the Secretary of State and transmits continuously until results are final.  (Sec. 68.034).

Wednesday, August 1, 2012 (1st day after runoff primary election day)

The voter registrar may take possession of the ballot box(es) or transfer case(s) containing the provisional ballots (or provisional ballot affidavits when DRE systems are used) along with the Summary of Provisional Ballots and the List of Provisional Voters for each precinct during the regular business hours of the county election official or elections administrator on this day, the next regular business day after election day, unless the voter registrar has already taken possession of the ballots prior to this date.  (Sec. 65.052; 1 T.A.C. §§ 81.172 - 81.174, 81.176).

Friday, August 3, 2012 (3rd business day after runoff primary election day)

Deadline for voter registrar to deliver provisional ballots to early voting ballot board judge (or general custodian of election records) for qualification and counting after the close of the voter registrar’s business day.  (Secs. 65.052 & 65.0541, NEW LAW, SB 14, 2011 Legislative Session; 1 T.A.C. §§ 81.172 - 81.174 & 81.176).

If required, last day for county election official to begin manual recount of ballots in three precincts or one percent of precincts, whichever is greater, unless requirement has been waived.  The count shall be completed not later than the 21st day after runoff primary election day. (Sec. 127.201(a)).  Results of manual count must be mailed to Secretary of State not later than the 3rd day after the manual count is completed. (Sec. 127.201(e)).

NOTE:  NEW LAW HB 2817, 2011 Legislative Session creates new Section 127.201(g), which provides that Section 127.201 does not apply to the tabulation of electronic voting system results for a voting system that uses DRE (direct recording electronic) voting machines.

Monday, August 6, 2012

Last day to receive carrier envelope placed in mail for delivery by 7:00 p.m. on runoff primary election day from outside of the United States.  (Sec. 86.007(d)(3)). (Because the deadline falls on a Sunday, the deadline is extended to Monday, the next business day.)

Tuesday, August 7, 2012 (7th day after runoff primary election day; 75th day after minor party precinct convention)

Early voting ballot board shall reconvene after the last mail delivery by the 6th day after runoff primary election day but no later than this day, 7th day after runoff primary election day, to count late ballots received.  (Sec. 87.125).

Deadline for early voting ballot board to verify and count provisional ballots.  (Sec. 65.051(a)).

Thursday, August 9, 2012 (2nd Thursday after runoff primary election day)

Local canvass of the runoff primary election by county executive committee must be conducted on this date.  (Sec. 172.116(b)).

Friday, August 10, 2012 (10th day after runoff primary election day; 24 hours after local canvass)

Deadline for presiding judge of early voting ballot board to notify mail ballot voters of rejected ballots.  (Sec. 87.0431).

NOTE:  NEW LAW, SB 100, requires notice to also be provided to email address of an overseas mail ballot voter if ballot was transmitted to the voter by email under Section 101.102.

Deadline for county chair to submit canvassed returns for statewide and district offices to state party chair. (Secs. 67.007(d) & 172.119(b)).

Saturday, August 18, 2012 (3rd Saturday after runoff primary election day)

Deadline for state executive committee to conduct state canvass. (Sec. 172.120).

Monday, August 20, 2012 (11th day after local canvass; 20th day after runoff primary election day)

Deadline for the presiding judge of the early voting ballot board to notify provisional voters whether their ballots were counted and if not, the reason why they were not counted. (Sec. 65.059; 1 T.A.C. §§ 81.172 - 81.174, 81.176).*

New party officers take office.  (Sec. 171.022(c)).

Deadline for the state chair to deliver the canvass report to the Secretary of State. (Sec. 172.120(b)).

*Since the deadline under the administrative rule (10th day after local canvass) falls on Sunday, August 19, 2012, the deadline is moved to the 11th day after the local canvass, the next business day. (Sec. 1.006).

Tuesday, August 21, 2012 (21st day after runoff primary election day)

If required, manual count must be complete by this date (see entry at August 3, 2012).  (Sec. 127.201(a)).

Wednesday, August 29, 2012 (20th day after local canvass)

Deadline for county chair to deliver county executive committee's tabulation of precinct election returns to general custodian of election records (county election official). (Sec. 172.116(e)).

Deadline for county chair to deliver to the county election official the certification of nominees elected in the runoff primary election for county and precinct offices for placement on the general election ballot.  (Sec. 172.117(b)).

Deadline to deliver notice of persons elected as party officers (county and precinct chairs, as applicable) following the runoff primary election to state chair and county election official.  (Sec. 172.118(a)).

Thursday, August 30, 2012 (30th day after runoff primary election day)

Deadline for county chair to deliver to the Secretary of State precinct returns of runoff primary election for statewide offices and the offices of U.S. senator, U.S. representative, state senator, and state representative, including precinct-by-precinct returns for early voting.  (Sec. 172.124(b)).

Deadline for county chair to file report of the actual expenses of the general primary election and runoff election (Final Cost Report) with the Secretary of State.  (Sec. 173.084).  Any surplus remaining in a county primary fund account after payment of approved expenses must be remitted to the Secretary of State after final payment from the fund but not later than July 1st.  (Sec. 173.0851).  The county chair is not entitled to final payment unless precinct-by-precinct returns have been received by the Secretary of State.

NOTE: Although the statutory deadline for returning surplus funds falls prior to the conduct of the primary runoff, we believe this deadline should move to Monday, October 15, 2012.

Friday, September 7, 2012 (20th day after state canvass of runoff primary election day)

Deadline for state chair to certify list of candidates for statewide and district offices who received the necessary votes for nomination at the runoff primary election to Secretary of State, if state executive committee canvassed on August 18, 2012.  (Sec. 172.122).

Wednesday, September 19, 2012 (30th day after term of party office starts)

Deadline by which former county chair must transfer party bank accounts and records to new county chair. (Sec. 171.028).

NOTE:  NEW LAW, HB 2959, 2011 Legislative Session, provides it is a Class C misdemeanor if the county chair fails to transfer the records.

Sunday, September 30, 2012 (61st day after runoff primary election day)

First day the general custodian of election records may (1) require a person who has possession of a key that operates the lock on a ballot box containing voted ballots to return the key to the custodian; and (2) unlock the ballot box and transfer the voted ballots to another secure container for the remainder of the preservation period.  (Sec. 66.058(b)).  Please note that a political subdivision is not required by law to do this on Sunday, September 30, 2012; they may choose to transfer the voted ballots to another secure container for the remainder of the preservation period on Monday, October 1, 2012 or a later date.

Monday, October 15, 2012 (78 days from runoff primary election day)

Any surplus remaining in a county primary fund account after payment of approved expenses must be remitted to the Secretary of State after final payment from the fund but not later than July 1st. (Sec. 173.0851).

NOTE: Although the statutory deadline for returning surplus funds falls prior to the conduct of the primary runoff, we believe this deadline should move to Monday, October 15, 2012.

March 29, 2014 (Twenty-two (22) months after 2012 primary election day)

Contents of ballot box(es) may be destroyed if no contest or criminal investigation has arisen (Secs. 66.058 and 1.013; 42 U.S.C. 1974) and if no open records request has been filed (Tex. Att'y Gen. ORD-505 (1988)).

May 31, 2014 (Twenty-two (22) months after 2012 runoff primary election day)

Contents of ballot box(es) may be destroyed if no contest or criminal investigation has arisen (Secs. 66.058 and 1.013; 42 U.S.C. 1974) and if no open records request has been filed (Tex. Att'y Gen. ORD-505 (1988)).

May 29, 2016 (Four years after 2012 primary election day)

Voter registrar must retain list of registered voters for the primary election for four years after election day (presidential election year).  (Sec. 18.011(b)).

July 31, 2016 (Four years after 2012 runoff primary election day)

Voter registrar must retain list of registered voters for the runoff primary election for four years after election day (presidential election year). (Sec. 18.011(b)).

Appendices, May 29, 2012 Primary Calendar

Last Updated: March 19, 2012

Note:  This document contains dates that have been ordered (or affected) by the United States District Court for the Western District of Texas, San Antonio Division in the redistricting cases, Perez v. State of Texas, Civil Action No. 11-CV-360-OLG-JES-XR and its companion cases (“federal court orders").  Most of the dates applicable to the 2012 Primary Election and the Runoff Primary Election have been altered by the orders.  References to statutory sections are to the Texas Election Code.  The dates herein should not be used as a reference for future Primary or Runoff Primary Elections.

Quick Reference:

September 13, 2011 First day to file for precinct chairs (However, a precinct chair application shall not be invalid if filed more than 90 days before the end of the filing period.)
November 28, 2011 First day of the first filing period to file for all offices except precinct chair
December 19, 2011 Last day to file of the first filing period
March 2, 2012 First day of the reopened filing period to file for all offices
March 5, 2012 Vacancies occurring on and before this date are placed on Primary ballot  (Vacancies occurring after this date but on or before August 24, 2012 will  be placed on the November ballot.)
March 9, 2012 Last day to file of the reopened filing period
March 12, 2012 Name omitted from Primary ballot if candidate withdraws, dies, or is declared ineligible on or before this date
May 29, 2012 Primary Election Day
July 31, 2012 Runoff Primary Election Day

Election for Office of Precinct Chair (Held concurrently with Runoff Primary Election, with plurality vote required for election.)
August 24, 2012 Vacancies occurring after this date are not placed on November ballot
August 27, 2012 Certification of replacement nominations must be filed
November 6, 2012 General Election Day

Appendix A

Party Nomination if Vacancy Occurs in a State or County Office Which Would Not Normally be on the 2012 Ballot

  1. Nomination by Primary Election. (Sec. 202.004, amended by 1 T.A.C. § 81.420, pursuant to NEW LAW, SB 100, 82nd Legislature, 2011, but subject to the federal court orders).

    1. Vacancy On or Before March 5, 2012.

      If a vacancy occurs in an office on or before March 5, 2012, pursuant to the federal court orders, a political party's nominee for the unexpired term must be nominated in the 2012 primary elections.
    2. Application Process

      1. Deadline: If the vacancy occurs on or before March 5, 2012, an application for the unexpired term must be filed with the appropriate county or state chair by 6:00 p.m., March 9, 2012.
      2. The filing fee or petition requirements for a candidate for an unexpired term are the same as for a candidate for a full term.
      3. Not later than the day before (March 8, 2012) the last day of the re-opened filing period in connection with an application for an unexpired term, notice must be posted on the bulletin board used for posting notice of meetings of the commissioners court stating where county chair (or secretary of the county executive committee, if any) will be available to accept filings on the last day of the reopened filing period (March 9, 2012).  If the chair and secretary are taking applications at two different locations, both locations must be listed in the notice.  (Sec. 172.022(b)).
  2. Nomination by Executive Committee. (Secs. 202.006, 145.036, and 145.038, as amended by NEW LAW, SB 100, 82nd Legislature, 2011, but subject to the federal court orders).

    1. Vacancy After March 5, 2012.

      If a vacancy occurs in an office after March 5, 2012, but not later than August 24, 2012 (74th day before general election day), the appropriate state, district, county, or precinct executive committee members may nominate a candidate for the unexpired term. (Secs. 145.036, 171.022 (impacted by NEW LAW, SB 100, 82nd Legislature, 2011), 201.022, 202.002, and 202.006, and the federal court orders).

      NOTE:  Per federal court order of March 19, 2012, a Democratic Party’s County Executive Committee may choose at a meeting on or before March 26, 2012 to decide whether to elect its precinct chairs at the July 31, 2012 Runoff Primary Election by a plurality vote or at the Democratic Party’s County or Senatorial District Convention on a date set by the Democratic Party’s State Executive Committee by party rule.

      NOTE: Per federal court order of June 26, 2012, Sec.145.036(e) is suspended for purposes of election held on the date of the 2012 General Election, meaning party executive committees are allowed to proceed immediately to nominate candidates for election on the November ballot to complete an unexpired term rather than waiting for the new party chairs to take office on August 20, 2012.
    2. Nominating Procedure.

      The nominating procedure for an unexpired term is the same as that provided for filling a vacancy in a nomination, to the extent it can be made applicable. (Secs. 145.036 and 145.037 and 145.038, as amended by NEW LAW, SB 100, 82nd Legislature, 2011).

      1. To be nominated, a person must fulfill the eligibility requirements for the particular office and receive a favorable vote of a majority of the appropriate executive committee members present at the nominating meeting. For purposes of making a nomination, a majority of the committee's membership constitutes a quorum. For purposes of calculating the residency requirement, count backwards from the date of the nomination (e.g., a candidate for county judge must be a resident of the county for six months prior to the date of nomination). (Sec. 141.001(a)(5)(D)).*

        *In the case of boundary changes caused by redistricting, there may be a change in residence requirements for precinct offices. (See Sec. 141.002).

        *Also, per federal court order, candidates for state senator and state representative have to reside in the district they choose to represent from April 9, 2012 until the date of the General Election.
      2. The chair of the executive committee making the nomination must certify in writing the nominee's name for placement on the general election day ballot.

        The certificate must:

        1. be signed and acknowledged by the chair;
        2. include the nominee's residence address and mailing address, if different from the residence address;
        3. state the office sought, including any place number or other distinguishing number;
        4. state the cause of the vacancy;
        5. state an identification of the executive committee making the nomination; and
        6. state the date of the nomination.
      3. Not later than 5:00 p.m., August 28, 2012 (71st day before general election day, extended by Sec. 1.006 because a state holiday, LBJ's birthday, occurs on the actual 71st day), the certificate must be delivered to the Secretary of State for a statewide or district office, or, as appropriate, to the county clerk/elections administrator/tax assessor-collector (collectively “county election officer”) for a county or precinct office. (Sec. 145.037(e), as amended by NEW LAW, SB 100, 82nd Legislature, 2011).
      4. If the certificate is filed by mail, it must be received by the filing authority by the deadline. (Sec. 145.037(f)).
    3. Failure of Executive Committee to Make Nomination.

      If the district executive committee fails to nominate and certify a candidate by the August 28, 2012 deadline (extended by Sec. 1.006 as noted above), the state executive committee may nominate a candidate to fill the vacancy. The state chair must deliver the nominee's certificate to the Secretary of State not later than 5:00 p.m., August 29, 2010 (69th day before general election day). (Sec. 145.038(b), as amended by NEW LAW, SB 100, 82nd Legislature, 2011). Again, if the certificate is filed by mail, it must be received by the filing authority by the deadline.

Appendix B

Death, Withdrawal, or Ineligibility of Candidates for the 2012 Primary Election

  1. Extension of Filing Deadline. (Sec. 172.054(a), (b), amended by 1 T.A.C. § 81.420, pursuant to NEW LAW, SB 100, 82nd Legislature, 2011). Under the federal court orders, there are no extensions of the filing deadline. If a candidate for the Primary Election withdraws, dies or is declared ineligible on or before March 12, 2012, the name is omitted from the Primary ballot as described in Secs. 172.057 and 172.058.
  2. Notice of Extended Filing. (Sec. 172.055).

    Not applicable under the federal court orders to the 2012 Primary Election.

Appendix C

Party Nomination if Vacancy Occurs in Party's Nomination for General Election

  1. Replacement Nomination if Vacancy Occurs in the Party's Nomination for State and County Officers for the General Election. (Sec. 145.031).

    1. When a Vacancy in Nomination May Be Filled.

      A vacancy in nomination may be filled if the name of the party's nominee will not appear on the November ballot due to:

      1. a death occurring after March 5, 2012 (in accordance with the federal court orders) and on or before August 24, 2012 (74th day before general election day). (Secs. 145.035, 145.036, and 172.058(b), amended by 1 T.A.C. § 81.420, pursuant to NEW LAW, SB 100, 82nd Legislature, 2011);
      2. a declaration of ineligibility occurring after March 5, 2012 (in accordance with the federal court orders) and on or before August 24, 2012 (74th day before general election day). (Secs. 145.035 and 172.058(b), amended by 1 T.A.C. § 81.420, pursuant to NEW LAW, SB 100, 82nd Legislature, 2011);
      3. a withdrawal due to catastrophic illness: the withdrawal must occur after March 5, 2012 (in accordance with the federal court orders) and on or before August 24, 2012 (74th day before general election day); the illness must have been diagnosed after March 5, 2012 (in accordance with the federal court orders). The illness must be such that the candidate will be permanently and continuously incapacitated and prevented from performing the duties of the office sought. The withdrawal must be accompanied by the certificate of two licensed physicians. If the candidate withdrawing is the only nominee for the office in either party conducting a primary, all political parties with ballot access are entitled to select a replacement nominee. (Secs. 172.052, 145.036(b)(1), and 145.036(c));
      4. a withdrawal because the candidate has been elected or appointed to fill a vacancy in another elective office or has become the nominee for another office between March 5, 2012 (in accordance with the federal court orders) and August 24, 2012 (74th day before general election day). If the candidate withdrawing is the only nominee for the office in either party conducting a primary, all political parties with ballot access are entitled to select a replacement nominee (Secs. 145.036(b)(3) and 145.036(c)); or
      5. withdrawal by the only nominated candidate for the office in either party conducting a primary sought on or before August 24, 2012 (74th day before general election day). All political parties with ballot access are entitled to select a replacement nominee. (Secs. 145.036(b)(2) and 145.036(c)).
      6. death or ineligibility of a runoff primary candidate before runoff primary election day. If a candidate in the runoff dies or becomes ineligible before runoff election day but wins the runoff election, thereby becoming the party’s nominee, the appropriate executive committee may select a replacement nominee.

        NOTE:   All political parties with ballot access are entitled to select a replacement nomination in the circumstance of a withdrawal by the only nominated candidate for the office in either party conducting a primary (see I. A. 3-5, above); otherwise, only the party with the deceased, ineligible, or withdrawn candidate is entitled to make a replacement nomination. (Sec. 145.036(c))
    2. Nominating Procedure.

      1. The nominating procedure for a vacancy in a nomination is prescribed by Sections 145.031-145.039. (Secs. 145.036(e) and 171.022(c), impacted by NEW LAW, SB 100, 82nd Legislature, 2011 and the federal court orders).

        NOTE: Per federal court order of June 26, 2012, Sec.145.036(e) is suspended for purposes of election held on the date of the 2012 General Election, meaning party executive committees are allowed to proceed immediately to nominate candidates for election on the November ballot to complete an unexpired term rather than waiting for the new party chairs to take office on August 20, 2012.
      2. The chair of the appropriate executive committee must deliver the certificate of the replacement nominee's name by 5:00 p.m., August 28, 2012 (71st day before general election day, extended by Sec. 1.006 because a state holiday, LBJ'S birthday, occurs on the actual 71st day), to either the Secretary of State for a statewide or district office, or the county election officer for a county or precinct office, whichever is applicable.  If the certificate is filed by mail, it must be received by the filing authority by the deadline.  (Sec. 145.037(d), (e), and (f), as amended by NEW LAW, SB 100, 82nd Legislature, 2011).
    3. Failure to Appoint a Replacement Nominee.

      If the district executive committee fails to appoint and certify a replacement nominee by the August 28, 2012 deadline (71st day before general election day, extended by Sec. 1.006 as noted above), the state executive committee may appoint a nominee to fill the vacancy. The state chair must deliver the certificate of the replacement nominee to the Secretary of State not later than 5:00 p.m., August 29, 2012 (69th day before general election day). If the certificate is filed by mail, it must be received by the filing authority by the deadline. (Secs. 145.037(e), (f) and 145.038, as amended by NEW LAW, SB 100, 82nd Legislature, 2011).
  2. Replacement Nomination if Vacancy Occurs in the Party’s Nomination for President or Vice-President for the General Election. (Secs. 192.061-192.062).

    1. When a Vacancy in Nomination May be Filled.

      Sections 192.061-192.062 supersede Subchapter A of Chapter 145 to the extent of any conflict. If the original nominee withdraws, dies, or is declared ineligible on or before August 24, 2012 (74th day before general election day), the name of the nominee who has withdrawn, died or been declared ineligible must be omitted from the ballot and the name of the replacement nominee placed on the ballot, if a replacement nominee is certified for placement on the ballot. Otherwise, the withdrawn, deceased, or ineligible nominee’s name must be placed on the ballot. A vote for a withdrawn, deceased, or ineligible nominee whose name appears on the ballot must be counted as a vote for the nominating political party’s presidential elector candidates.
    2. Nominating Procedure.

      The party’s state chair delivers certification of the replacement nominee’s name, signed by the state chair, to the Secretary of State not later than 5:00 p.m. on August 28, 2012 (70th day before general election day). If delivered by mail, the state chair’s certification is considered to be delivered at the time of its receipt by the Secretary of State. (Sec. 192.062(a)(1), (b)).
    3. Certification.

      The Secretary of State shall certify in writing for placement on the ballot, the name of a political party’s replacement nominee for president or vice-president of the United States following certification of such replacement nominee by the state chair in accordance with Section 192.062(a)(2). (Secs. 192.062(a)). See also, Section 192.064 for Secretary of State’s certification of replacement vice-presidential running mate for independent candidate for president of the United States as a result of a withdrawn, deceased, or ineligible vice-presidential candidate.