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Election Advisory No. 2022-28

To: County Election Officials and County Chairs 
From: Keith Ingram, Director of Elections
 Keith Ingram's signature
Date: September 1, 2022
RE: Ballot Preparation and Sample Ballots for November 8, 2022 General Election 

The county election officer is the authority responsible for preparing the official ballot for the November 8, 2022 General Election for State and County Officers.  This memo contains instructions on how to prepare your ballot. Additionally, the Sample Ballot for the November 8, 2022 General Election (PDF) for State and County officers that is posted on our website is also available to assist you in your preparation.

Names of Candidates for the Ballot

  1. Major Party Nominees (Republican Party and Democratic Party): You will find the list of major party candidates for federal, state, district, county, and precinct offices in your county posted on our website. Additionally, a certified list of candidates for federal, state and district offices is attached to this email as a PDF.

    Get Candidate Ballot Order Info

    NOTE: The list should include any replacement nominees or nominees due to a vacancy that occurred after December 8, 2021. (Sections 145.036 and 202.006, Texas Election Code)

  2. Convention Party Nominees (Libertarian Party and Green Party) for Federal, State and District Offices: You will find the list of convention party candidates for federal, state, and district offices in your county posted on our website. Additionally, a certified list of candidates for federal, state and district offices is attached to this email as a PDF.

    Get Candidate Ballot Order Info

  3. Convention Party Nominees (Libertarian Party and Green Party) for County and Precinct Offices: Minor parties in each county certify their candidates directly to the county election officer. The minor party candidates for county and precinct offices will not be listed on your county’s individual certification unless they were entered by the county election officer.

  4. Independent Candidates for Federal, State and District Offices: You will find the list of Independent candidates running for federal, state, and district offices posted on our website. You will find the list of Independent candidates for federal, state, and district offices in your county posted on our website. Additionally, a certified list of candidates for federal, state and district office is attached to this email as a PDF.

    Get Candidate Ballot Order Info

  5. Independent Candidates for County and Precinct Offices: The county judge should certify to you, not later than September 1, 2022, the names of independent candidates for county and precinct offices, if any. The independent candidates for county and precinct offices will not be listed on your county’s individual certification unless they were entered by the county election officer.

FORM: Certification of Independent Candidates by County Judge (PDF)

Names of Write-in Candidates for List of Declared Write-In Candidates

  1. Write-In Candidates for Federal, State and District Offices: You will find the certified list of write-in candidates for federal, state and district office attached to this email as a PDF.

  2. Write-In Candidates for County and Precinct Offices: The county judge should certify to you, not later than September 1, 2022, the names of write-in candidates for county and precinct offices, if any.

FORM: Certificate of Write‑in Candidacy (For County and Precinct Offices) (PDF)

Ballot Preparation Instructions

Our office suggests that you have the official ballot prepared, tested, and ready for use on or before Saturday, September 24, 2022 to comply with the deadline set by the Federal MOVE Act for voters outside the United States who have requested ballots by mail. If the official ballot is not ready to mail out on or before September 24, 2022, then you must prepare emergency paper ballots. The emergency ballots must be mailed to voters outside the United States who have requested mail ballots on or before September 24, 2022. YOU CANNOT DELAY THE SENDING OUT OF THE BALLOTS TO VOTERS OUTSIDE THE UNITED STATES. Not having the official ballot ready is not a reason to miss this deadline.

The order of statewide, district, county, and precinct offices on the ballot and the order of parties on the ballot are governed by Sections 52.091 and 52.092 of the Code. In accordance with Section 52.094(a) of the Code, if there is more than one independent candidate for an office, there must be a ballot drawing. Other issues concerning the form of the ballot are governed by Subchapter C of Chapter 52 of the Code. You will find a copy of the sample ballot posted on our website.

If you are using an electronic voting system, you will not be able to follow the party column format as it appears on the sample ballot. Instead, you must list the party affiliation (or Independent) to the right of each candidate’s name.  You may abbreviate the party affiliation (or Independent) as indicated on the ballot certification or print the party name (or Independent). If an abbreviation is used, the meaning of the abbreviation must be stated. (See memo regarding the printing of the legend.) If you print the name of the party, be sure to use Republican, Democratic (not Democrat), Libertarian and Green.

Please note that county chairs and precinct chairs do not appear on the General Election ballot.

Information specific to preparing your ballots with write-in candidates, printing the required legend instructions for party abbreviations, and procedures for uncontested candidates declared elected has been issued in Advisory 2022-27.

Changes in Law Made by Senate Bill 1

Senate Bill 1 (87th Leg., 2nd C.S., 2021) amended Section 2.056 of the Code to require that unopposed candidates be declared elected for the office sought, if otherwise authorized.

Section 2.056 of the Code requires the certifying authority to declare a candidate elected to an office of the state or county government if, were the election held, only the votes cast for that candidate in the election for that office may be counted. This only applies to the general election for state and county officers.

Certification

The certifying authority must certify, in writing, that a candidate is unopposed in an election for office. The “certifying authority” means:
  1. The secretary of state, for a statewide or district office; or
  2. The county clerk/elections administrator, for a county or precinct office.

FORM: Certification of Unopposed County and Precinct Candidates (PDF)

Action Following Certification

If an unopposed candidate is declared elected by the certifying authority, the election for that office is not held and the name of the candidate is listed on the ballot as elected to the office. Offices and names of any candidate declared elected shall be listed separately after the contested races in the election under the heading “Unopposed Candidates Declared Elected.” The candidates shall be grouped according to their respective political party affiliations or status as independents in the same relative order prescribed for the ballot generally. No votes are cast in connection with the candidates. Additionally, you will find the certified list of unopposed candidates declared elected for federal, state and district offices attached to this email as a PDF.

If you have any questions regarding this memorandum or the information enclosed, please call the Elections Division at (800)252-2216 or email Elections@sos.texas.gov.

 

KI:LP