Running as an Independent Candidate in 2026

Candidates may have their name placed on the general election ballot as an independent candidate if they did not vote in the primary or runoff primary election of either party. [Secs. 142.008, 162.003, 162.015]

To file as an independent candidate, candidates must follow a two-part process. A candidate MUST:

File a Declaration of Intent to Run as an Independent Candidate (PDF) between November 8, 2025 and 6:00 p.m. on Monday, December 8, 2025 with the county judge (county or precinct offices) or the Secretary of State (district and state offices). [Secs. 142.002(b)(2), 142.005] This Declaration of Intent to Run as an Independent Candidate is mandatory. If you do not file a declaration during the applicable filing period, your subsequent candidate application will be rejected.
File a candidate application (PDF) along with a supporting nominating petition (PDF). The application, along with petition, must be filed by 5:00 p.m. on June 25, 2026, with the county judge (county or precinct offices) or the Secretary of State (district and state offices). [Secs. 142.005, 142.006]

Details on Nominating Petition: After the primary elections (or after the primary runoff election, if the office you are seeking is involved in a primary runoff election), you must collect signatures from registered voters who support your candidacy. [Sec. 142.009]
The signers of your petition must be registered voters who have not participated in the general primary election or the runoff primary election of a party that has nominated, at either election, a candidate for the office you seek. [Sec. 142.009]
Candidates for federal office must file a federal application (PDF) | Spanish (PDF).

Filing Fee

There is no filing fee option for independent candidates. All independent candidates must submit a nominating petition along with their application for a place on the ballot. [Sec. 142.004]

Judicial Candidates

Candidates for certain judicial offices must provide additional information with their judicial application for a place on the ballot (PDF). [Sec. 141.0311] See Running for a Judicial Office in 2026 for more information.

Withdrawal

A candidate may withdraw their application and have their name omitted from the ballot by submitting a notarized Certificate of Withdrawal (PDF) or a notarized letter to the same filing authority.
The deadline for a candidate to submit their withdrawal is Monday, August 24, 2026.

NEW LAW: Pursuant to SB 901 (89th Leg., R.S.), effective September 1, 2025, a person who files an application with more than one political party (primary or convention) is ineligible for a place on the ballot for a general primary election, nomination by convention, and the succeeding general election as an independent candidate or as a write-in candidate. [Sec. 162.0151] See our FAQs on Party Affiliation and Candidacy for more details about how primary voting or candidacy affects (or does not affect) candidacy in the general election.

Contact the Office of the Secretary of State concerning the number of signatures required.

Public Office Sought in 2026	File Declaration of Intent and Application with		Additional Information Required	Nominating Petition
Public Office Sought in 2026	Sec of State	County Judge	Additional Information Required	% Signatures ^a	Maximum Number of Signatures ^b
United States Senator	x	-	-	1%	-
United States Representative	x	-	-	5%	500
Governor	x	-	-	1%	-
Lieutenant Governor	x	-	-	1%	-
Attorney General	x	-	-	1%	-
Comptroller of Public Accounts	x	-	-	1%	-
Commissioner of General Land Office	x	-	-	1%	-
Railroad Commissioner	x	-	-	1%	-
Justice, Supreme Court	x	-	x	1%	-
Judge, Court of Criminal Appeals	x	-	x	1%	-
Chief Justice and Justice, 15th Court of Appeals	x	-	x	5%	500
State Senator	x	-	-	5%	500
State Representative	x	-	-	5%	500
Member, State Board of Education	x	-	-	5%	500
Chief Justice and Justice, Court of Appeals	x	-	x	5%	500
District Judge	x	-	x	5%	500
Criminal District Judge	x	-	x	5%	500
Family District Judge	x	-	x	5%	500
District Attorney	x	-	-	5%	500
Criminal District Attorney	x	-	-	5%	500
County Judge	-	x	-	5%	500
Judge, County Court-at-Law	-	x	x	5%	500
Judge, County Criminal Court	-	x	x	5%	500
Judge, County Probate Court	-	x	x	5%	500
County Attorney	-	x	-	5%	500
District Clerk	-	x	-	5%	500
County Clerk	-	x	-	5%	500
District/County Clerk	-	x	-	5%	500
Tax Assessor-Collector	-	x	-	5%	500
County Treasurer	-	x	-	5%	500
County Surveyor	-	x	-	5%	500
County Commissioner	-	x	-	5%	500
Sheriff	-	x	-	5%	500
Constable	-	x	-	5%	500
Justice of the Peace	-	x	-	5%	500
Source: Texas Election Code Section	142.002, 142.005		141.0311	142.007

Percentage of all votes for all gubernatorial candidates cast in the applicable territory in the 2022 general election. If number is less than 25, the required number of signatures is the lesser of (1) 25 or (2) 10% of all votes for all gubernatorial candidates cast in the applicable territory in the 2022 general election. For candidates elected statewide, the one percent figure for the 2022 gubernatorial election is 81,030.
The minimum number of signatures that must appear on a candidate’s petition for statewide office is 1% of the total vote received by all gubernatorial candidates in the 2022 general election. The minimum number of signatures that must appear on a candidate’s petition for district, county or precinct office is the lesser of (1) 500 or (2) 5% of the total vote received in the district, county or precinct, as applicable, by all gubernatorial candidates in the 2022 general election, subject to (a) immediately above. [Sec. 142.007]