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Procedures for Write-In Candidates in 2026

In Texas, a candidate may run for office as a declared write-in in the general election for state and county officers.  A declared write-in candidate must submit a Declaration of Write-in Candidacy and submit a filing fee or petition in lieu of a filing fee in order for votes cast for that candidate to be counted in the election.

A person who was a candidate for office in the primary election is ineligible for a place on the list of write-in candidates for that same office in the succeeding general election for state and county officers.  [Sec. 162.015]

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.

Public Office
Sought in 2026
File Declaration
of Write-in
Candidacy with
Additional Information Required Filing Fee Petition in Lieu of a Filing Fee
Sec of State County Judge % Signatures a Number of Signatures e

United States Senator

x

-

-

$5,000

-

5,000

United States Representative

x

-

-

$3,125

2%

500

Governor

x

-

-

$3,750

-

5,000

Lieutenant Governor

x

-

-

$3,750

-

5,000

Attorney General

x

-

-

$3,750

-

5,000

Comptroller of
Public Accounts

x

-

-

$3,750

-

5,000

Commissioner of General Land Office

x

-

-

$3,750

-

5,000

Railroad Commissioner

x

-

-

$3,750

-

5,000

Justice, Supreme Court

x

-

x

$3,750

-

5,000

Judge, Court of Criminal Appeals

x

-

x

$3,750

-

5,000

Chief Justice
and Justice,
15th Court of Appeals

x

-

x

$2,500

2%

500

State Senator

x

-

-

$1,250

2%

500

State Representative

x

-

-

$750

2%

500

Member, State
Board of Education

x

-

-

$300

2%

500

Chief Justice
and Justice,
Court of Appeals

x

-

x

$2,500 /
$1,875 c

2%

500

District Judge

x

-

x

$2,500 /
$1,500 d

2%

500

Criminal District Judge

x

-

x

$2,500 /
$1,500 d

2%

500

Family District Judge

x

-

x

$2,500 /
$1,500 d

2%

500

District Attorney

x

-

-

$1,250

2%

500

Criminal District Attorney

x

-

-

$1,250

2%

500

County Judge

-

x

-

$1,250 /
$750 b

2%

500

Judge,
County Court-at-Law

-

x

x

$2,500 /
$1,500 d

2%

500

Judge, County Criminal Court

-

x

x

$2,500 /
$1,500 d

2%

500

Judge,
County Probate Court

-

x

x

$2,500 /
$1,500 d

2%

500

County Attorney

-

x

-

$1,250 /
$750 f

2%

500

District Clerk

-

x

-

$1,250 /
$750 b

2%

500

County Clerk

-

x

-

$1,250 /
$750 b

2%

500

District/County Clerk

-

x

-

$1,250 /
$750 b

2%

500

Tax Assessor-Collector

-

x

-

$1,250 /
$750 b

2%

500

County Treasurer

-

x

-

$1,250 /
$750 b

2%

500

County Surveyor

-

x

-

$75

2%

500

County Commissioner

-

x

-

$1,250 /
$750 b

2%

500

Sheriff

-

x

-

$1,250 /
$750 b

2%

500

Constable

-

x

-

$1,000 /
$375 b

2%

500

Justice of the Peace

-

x

-

$1,000 /
$375 b

2%

500

Source:
Texas Election Code Section

146.024

141.0311

146.023(b);  146.0231;
172.024

146.023(b);
146.0232;
172.025

   
  1. Percentage of all votes for all gubernatorial candidates cast in the applicable territory in the 2022 general election. If number is less than 50, a larger percentage may be required. If number is less than 50, the required number of signatures is the lesser of (1) 50 or (2) 20% of all votes for all gubernatorial candidates cast in the applicable territory in the 2022 general election.  [Secs. 146.0232, 172.025] 
  2. Pay higher fee if county has at least 200,000 inhabitants according to 2020 Census.
  3. Pay higher fee in Courts of Appeals Districts 1, 2, 3, 4, 5, 14, and 15.  [Secs. 146.0231, 172.024(7), (8)] 
  4. Pay higher fee in Bexar, Dallas, Harris, and Tarrant Counties.  [Sec. 146.0231, 172.024(9)-(12)] 
  5. The minimum number of signatures that must appear on a candidate’s petition for statewide office is 5000. The minimum number of signatures that must appear on a candidate’s petition for district, county or precinct office is the lesser of (1) 500 or (2) 2% of the total vote received in the district, county or precinct, as applicable, by all gubernatorial candidates in the 2022 general election, subject to (a) above.  [Sec. 172.025] 
  6. Pay higher fee if county attorney performs the duties of a district attorney.  [Sec. 172.024(13)]